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    <p>On the first problem: silly as that law may be, technically copyright applies to <em>any</em> expression, and applies without requiring the author of the expression to assert it explicitly; if there is no license, you <em>might</em> in theory be liable for copyright violation even for small snippets. Possible defenses are based on <a href="http://en.wikipedia.org/wiki/Fair_use" rel="nofollow noreferrer">fair use</a>, but (again, in theory) you might end up in court to defend yourself with that (your fair use claim does not stop the copyright holder from suing -- nothing does, except common sense -- but the judge might decide in your favor if he or she decides the use is indeed fair).</p> <p>Your second problem hinges on whether your code is a <a href="http://en.wikipedia.org/wiki/Derivative_work" rel="nofollow noreferrer">derivative work</a> of the snippet, another thorny concept which mingles with the "fair use" issue. Again, the only definitive answer is the one a judge gives in the specific case ("definitive" unless overruled by an appeals court, actually;-).</p> <p>Remember, most lawmakers are lawyers by training: sometimes one may wonder if they make the laws subtle and difficult just in order to ensure lawyers will always have plenty of jobs;-).</p>
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    1. POAre licenses relevant for small code snippets?
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    1. USBryan Oakley
    1. USAlex Martelli
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    1. POAre licenses relevant for small code snippets?
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      1. VTAcceptedByOriginator
    1. COLaws are subtle and difficult for the simple reason that they have to be precise ways of dealing with human behavior, and they try to embody some sort of justice. The corresponding programming equivalent would be some areas of AI.
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      1. USDavid Thornley
    2. CO@David, I once (late 80's) helped researchers from a university's Law School set up an "expert system" -- they cleverly picked a small, self-contained field not subject to political/ideological pressure...: fishing regulations on (Italian) inland waterways. They were less than 1/3rd into entering all applicable laws and regulation when... the first self-contradiction appeared, and the whole project became useless (it used normal Aristotelian logic, not fuzzy or probabilistic, so, given a contradiction in "axioms" [laws], it could, and would, find a proof for *any* theorem).
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      1. USAlex Martelli
    3. COAnd the point of that anecdote is, @David: I think you're making excuses for lawmakers' sloppiness (including judges': many contradictions arise from precedents established by sloppy court decisions;-). It shouldn't be beyond the ken of man to establish precise, clear rules on what boats you can use on what bodies of water at what time of the year, what kinds of nets, what lures &c, what license is required to do what kind of fishing, & the like -- boring stuff, unless you're a fishing enthusiast (I'm not;-), but surely not rocket science. (There MAY be programming equivalents;-).
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      1. USAlex Martelli
 

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