Bug 180750

Description Janet Campbell 2007-04-03 12:28:23 EDT

The following Q&A needs to be added to the legal FAQ:

Q:        Many Eclipse tools and wizards use code templates which are included in the application that is generated.  Is the code generated by these tools considered a derivative work that must be licensed under the EPL?

A:        Unfortunately, there is no clear answer to this question. To the extent that the code generated by a wizard is purely functional in nature and therefore not the proper subject matter for copyright protection, it could be argued that it is not subject to copyright protection, and therefore is not a derivative work.  An example of that type of code would include calls to APIs or other technical instructions which are dictated by functional or technical requirements.  Moreover, to the extent the generated code is a very small part of the final overall work, there is an argument that such use would be di minimus, and the final product or application should not be considered to be a derivative work. Finally, to the extent developers who use the generated code make many changes and additions to the code, there is also an argument that the resultant application is not a derivative work.  Of course, these are just arguments and not "bright line" tests,  and therefore each position could be subject to differing viewpoints. Eclipse cannot take a position on this issue, as it will ultimately be a question of the facts and circumstances associated with a particular use.