views:

368

answers:

7

Is it allowed to use ideas from open source in closed source software?
I've met people who say to not even look at open source (GPL and LGPL were mentioned) if you write closed source software.

+4  A: 

Yes, it is allowed to use ideas from open-source software. While the exact details differed based on which license, you can sometimes not use any code from an open-source project in a closed-source project.

Nathaniel Flath
+2  A: 

Yes.

Then it depends what you mean by ideas... If you mean inspire yourself by looking at the software features, then ok. If you mean copying big chunks of code, you might need to double check the license.

marcgg
+11  A: 

Ideas aren't the subject of copyright; code is. As long as you don't steal the implementation, you're fine.

Patents, on the other hand...

Rob
Software patents are mainly existent in US but not in the rest of the world.
User
*nod* I deliberately didn't wander down that avenue of discussion.
Rob
+2  A: 

Ideas cannot be copyrighted, although they can be patented.

Nor does this apply to a large number of open source licenses. GPL and LGPL are the most likely to fall under this band, since they're widely used and there are consequences for redistributing them.

I'd think that the most likely reason is that, if your developers haven't looked at Foo Extreme or whatever the project is, you have an easy way of showing that they haven't copied something from it. The next most likely is that it is possible to copy something without consciously realizing it.

David Thornley
Even then, from what I remember of my patent history classes, *ideas* cannot be patented, only implementations. And that's where the software industry went terribly awry.
Chris Kaminski
+2  A: 

Like Nathaniel has already said, yes it is fine to use ideas. You may also use the code, but, and I cannot stress this enough, it depends on the licence and not all licences will allow it.

I think the reasons people are discouraged or even disallowed from looking at OSS code is to prevent the intentional or unintentional use of parts of the code in software where this will cause a breach of licence agreement. Having never worked in such an environment, its hard to say but it seems logical. Also, if its enforced that developers may not look at OSS or other projects' code, its a given that they have not been able to steal code from within.

Some licences allow the use of code in other projects, as I said above. However, this is always (that I have seen) with the condition that copyright notices and whatnot remain intact. Reading the particular licence in question is recommended for viewing the specifics.

BSD Licence.

As always, if in doubt surrounding licences and whatnot, seek legal advice to avoid doing something you might regret. :)

Splash
What's the point in calling something "open source" if you aren't actually allowed to view the source?
JAB
A: 

Yes you can. As others have alluded to the code is the implementation of an idea, the rights to use them are separately assigned. The opposite is also true, you can have an open source version of a patented idea. VTK, an open source graphics package, used to have a separate part of its source tree set aside for patented algorithms (it still may, I haven't looked at it for a while).

Peter Tate
Using a patented technique requires some sort of license, whether or not it's open source software or not. That being said, I believe the US is the only developed country with software patents, so there's a whole lot of people who can freely use stuff that is patented in the US.
David Thornley
In the US you CANNOT have an open source version of a patented method. It would infringe on that patent.
Jordan L. Walbesser
I admit I don't know what the law regarding patents are Jordan, but Kitware (the US based commercial company that supports the VTK open source project) still does distribute open source versions of patented methods: http://www.vtk.org/Wiki/VTK_FAQ#What_is_the_deal_with_the_patents.
Peter Tate
A: