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October 25, 2007 1:07 PM PDT

If the data is open, is it free game? (Palamida vs. Black Duck)

by Matt Asay
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Black Duck has admitted to "borrowing" Palamida's database of open-source projects/licenses, without giving attribution or any other indication that it had taken the data from Palamida. Legal? Yes. Wrong? Seems like it to me.

After two days of intense investigation, we have confirmed that most of our database has been copied directly--word for word and misspelling for misspelling, with very few original additions to our initial work," said Palamida spokeswoman Melisa LaBancz-Bleasdale.

Just because one can do something doesn't mean that one should.

Black Duck argues that it only uses a "small slice" of Palamida's data. Maybe. But apparently it was enough to be noticeable to Palamida. It seems to me that the two should collaborate on this sort of database, but this kind of action hardly leads to the trust required for collaboration.

Is Black Duck in the wrong? Thoughts?

Matt Asay brings a decade of in-the-trenches open-source business and legal experience to The Open Road, with an emphasis on emerging open-source business strategies and opportunities. Matt is vice president of business development at Alfresco, a company that develops open-source software for content management. He is a member of the CNET Blog Network and is not an employee of CNET. Disclosure. You can follow Matt on Twitter @mjasay.
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Black Duck is wrong !
by Eryoe October 27, 2007 9:16 AM PDT
Take what you want because its free to you ?, even though it was not offered ?, but turn and make money with your product(s) using it. Black Duck in my opinion has a big question mark next to it's name with this move. Black Duck like too many, have little respect for open source, provide proprietary tool(s) that take advantage of open source for business and profits and nothing more.
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Black Duck has not ?borrowed" anybody's database
by az42us October 28, 2007 9:36 AM PDT
First, let?s be clear - Black Duck has not ?snitched,? ?borrowed,? or ?plagiarized? any databases to create our Open Software License Resource Center. Our Resource Center data comes from our analysis of many web resources (64% SourceForge, 15% FreshMeat, 9% RubyForge, 8% FSF, etc.). When data comes from the same origins, it looks similar or the same.

Over the last 4 years we have developed a sophisticated process to create and grow our OSS database. We create our database ourselves from over 3000 sources on the web. This process starts with spidering the Web for indications or pointers (really just project names and URLs) to open source projects and sites. Since GPLv3 was released it also includes finding pointers to changed or new GPLv3 related projects from many sources including the media, major repositories and other sites, including Palamida. Based on the indications we uncover, we research the original project and decide whether or not to include it in our database.

Black Duck actively participated in one of the panels giving feedback and input on GPLv3. We started developing deep expertise concerning GPLv3 long before the license was released. Our spider team was trained on the license and our internal data processing and our products were enhanced to properly handle OSS licensed under GPLv3.

We are confident in our process and respect other people?s property. We?re working hard to provide the most complete database possible with the most accurate information and to provide deep and useful information to the public through the Black Duck Open Source License Resource Center (http://www.blackducksoftware.com/oss).

A.Zink (VP of Engineering at Black Duck Software)
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About The Open Road

Matt Asay brings a decade of in-the-trenches open-source business and legal experience to the Open Road, with an emphasis on emerging open-source business strategies and opportunities. Matt is general manager of the Americas division and vice president of business development at Alfresco, a company that develops open-source software for content management. He is a member of the CNET Blog Network and is not an employee of CNET. Disclosure.

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