Is sample code open source?

2 points by lucasgonze 4y ago ↗ HN

OSS lawyer types: how would you analyze the legal status of sample code that is widely copied, with no clear owner or license?

I'm reviewing a proprietary code base for potential infringements and am finding a lot of files that began as example code in open source projects. The source was clearly meant to be cannibalized, but would that free the cannibalizer from the need to comply with license terms like attribution?

2 comments

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josephcsible 4y ago ↗

If the sample code in question is the bare minimum amount of code required to call a function or use a language feature, then it probably doesn't meet the threshold of originality.

lucasgonze 4y ago ↗

So, for example, if it's simply illustrating factual aspects of an API or other resource then it's outside of the license.