CPOL derivative works limitations

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It's actually the same question as this, but it remains unanswered.

I have downloaded a project from CodeProject, which is bound by the CPOL. I've modified some its files to fix bugs, as well as adding files of my own for other features. I am planning to release my modifications under the MIT license. However, is it possible?

What I have tried:

According to section 1

c) "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works.

d) "Executable Files" refer to the executables, binary files, configuration and any required data files included in the Work.

f) "Source Code" refers to the collection of source code and configuration files used to create the Executable Files.

h) "Work" refers to the collection of files distributed by the Publisher, including the Source Code, Executable Files, binaries, data files, documentation, whitepapers and the Articles.

According to section 5b

You may distribute the Executable Files and Source Code only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy of the Executable Files or Source Code You distribute and ensure that anyone receiving such Executable Files and Source Code agrees that the terms of this License apply to such Executable Files and/or Source Code. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute the Executable Files or Source Code with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License.

Can I distribute the "Derivative Work" under a different license? And if yes, can I only license the files I modified or can I license the project as a whole?

Or does my new project have to be licensed under the CPOL?

Please note that I am modifying the project itself, and not linking it into another program, unlike in this question.

I've found a relevant question on Software Engineering Stack Exchange, however the answer "Contact the author or review the license with a lawyer" is not possible, as the author have abandoned this project for more than a decade (there have been prior questions about the license unanswered).

Posted 24-Jan-21 5:01am

trungnt2910

Updated 24-Jan-21 5:33am

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This content, along with any associated source code and files, is licensed under The Code Project Open License (CPOL)

OriginalGriff · Answer 1 · 2021-01-24T05:33:00

Solution 1

Not without permission from the original licence holder: you would be changing the terms of the licence:

Quote:
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE AUTHOR GRANTS YOU THE RIGHTS CONTAINED HEREIN IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ACCEPT AND BE BOUND BY THE TERMS OF THIS LICENSE, YOU CANNOT MAKE ANY USE OF THE WORK.

And

Quote:
Subject to the above terms and conditions, this License is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, the Author reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.

You need the original author's permission.
CPOL: Code Project Open License[^]

Posted 24-Jan-21 5:33am

OriginalGriff

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trungnt2910 24-Jan-21 11:49am

So it works like the Ms-PL? I mean that it infects all derivative works distributed in source?

According to the license:

d) "Executable Files" refer to the executables, binary files, configuration and any required data files included in the Work.

e) "Publisher" means the provider of the website, magazine, CD-ROM, DVD or other medium from or by which the Work is obtained by You.

f) "Source Code" refers to the collection of source code and configuration files used to create the Executable Files.

h) "Work" refers to the collection of files distributed by the Publisher, including the Source Code, Executable Files, binaries, data files, documentation, whitepapers and the Articles.

(Emphasis mine)

And in section 5:

You may distribute the Executable Files and Source Code only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy of the Executable Files or Source Code You distribute and ensure that anyone receiving such Executable Files and Source Code agrees that the terms of this License apply to such Executable Files and/or Source Code. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute the Executable Files or Source Code with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License.

My modified source files CANNOT be used to create the same "Executable Files", therefore it should NOT be treated as "Source Code" in the license, am I right?

To make it clear: I am distributing a Derivative Work. It's like getting some Apache licensed code written in Java, translating it into C#, then releasing the translated version under the MIT license. I am NOT trying to steal from the original author because the project is abandoned.