Legal Mambo Jambo - or why I can't do some things on KSP-Recall

[Lisias]

For reasons beyound me, once again our "old friend" GotMachine gave us the grace of his presence by intervening with incomplete and precipitated arguments - this time on Forum, insisting on me accepting code that, as suggested by current evidences, was obtained by decompiling KSP's source code (what can be a crime on my country and, so, would taint KSP-Recall as a "Fruit of Poisonous Tree" due our legal doctrines).

All that drama (again) can be found on Forum and, since the thread was blocked for moderation and probably will be edited, a copy is available on webarchive (seek for the text "Moving the discussion from TweakScale's thread, as this is related to KSP-Recall.", look in the "— — POST POST POST EDIT — —"), but I think I need to properly cover my ass about this subject on a place where I would not cause any (further) damages to 3rd parties.

Because I don't think this is going to stop here - and I need to protect myself.

On a moral and ethical basis, I don't have anything against GotMachine's work on the KSPModdingLibs (and KSPCommunityFixes in particular). This kind of work was what prevented Microsoft to dominate the networking environment in the 90's as starters - we need Reverse Engineering to coerce the Big Software Shops into behaving, otherwise they would screw us for good - the whole Internet was made possible because we could offer a viable alternative to the Microsoft Network and fight our way out of MS's "Embrace and Extend" philosophy.

Be grateful for SAMBA, you don't have the slightest idea how harsh would be our professional lives without it.

But this is an understanding accepted on USA and Europe mainly, and I don't live on a Country where the Legal System thinks the same. So I have to worry about things that most people don't - as how KSP-Recall may affect people using it around the World (Brazil is not the only - or even the most! - draconian Legal System).

First things first, some Legalese:

Art. 12. Violar direitos de autor de programa de computador:

Pena - Detenção de seis meses a dois anos ou multa.

§ 1º Se a violação consistir na reprodução, por qualquer meio, de programa de computador, no todo ou em parte, para fins de comércio, sem autorização expressa do autor ou de quem o represente:

Pena - Reclusão de um a quatro anos e multa.

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Art. 12. Violating computer program copyright:

Penalty - Detention from six months to two years or a fine.

§ 1 If the violation consists in the reproduction, by any means, of a computer program, in whole or in part, for commercial purposes, without the express authorization of the author or whoever represents him:

Penalty - Imprisonment of one to four years and fine.

Source: http://www.planalto.gov.br/ccivil_03/leis/l9609.htm

and

Softwares são desenvolvidos em linguagens de programação e salvos em arquivos de texto denominados códigos-fontes. Após um processo chamado de compilação, são transformados em arquivos capazes de executar tarefas em dispositivos eletrônicos.

Para o usuário, não interessa saber como as linhas foram escritas e, para o desenvolvedor (salvo nos casos de Software Livre), não interessa passar seu conhecimento a terceiros.

A princípio, esses arquivos de código-fonte estão protegidos, pois não fazem parte daqueles distribuídos por mídia ou pela Internet. Contudo, existe uma técnica que consiste na função inversa, ou seja, transforma-se o arquivo que executa determinado software em código-fonte. Dá-se a essa ação o nome de engenharia reversa. Realizar engenharia reversa de um software com sucesso representa mostrar ao público algo que foi objeto da criação humana e que, a princípio, estava protegido. Evidentemente, esse tipo de conduta é proibido pela Lei de Software.

A simples ação de identificação de código-fonte já é considerada crime no seu aspecto mais brando, conforme debatido no item anterior. Se utilizarmos o resultado da ação em outro software com intuito de comércio, termos a forma qualificada de crime.

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Software is developed in programming languages and saved in text files called source codes. After a process called compilation, they are transformed into files capable of performing tasks on electronic devices.

For the user, it doesn't matter how the lines were written and, for the developer (except in cases of Free Software), it doesn't interest to pass on his knowledge to third parties.

In principle, these source code files are protected, as they are not part of those distributed via media or the Internet. However, there is a technique that consists of the inverse function, that is, the file that executes certain software is transformed into source code. This action is called reverse engineering. Successfully reverse engineering software represents showing the public something that was the object of human creation and that, in principle, was protected. Of course, this type of conduct is prohibited by the Software Law.

The simple act of source code identification is already considered a crime in its mildest aspect, as discussed in the previous item. If we use the result of the action in other software with the purpose of commerce, we have the qualified form of crime.

Source : Manual de Direito Digital, Glaydson de Faria Lima. (Digital Rights Manual), Section 14.9.2

The concept of "Fruit of the Poisonous Tree" is applicable on IP Law:

Some IP regimes, like trade secret law, apply fruit of the poisonous tree logic, allowing the plaintiff to recover not only for the profits the defendant made from secrets she actually stole and used, but also for the profits of any product that resulted from the use of those secrets, even if the product does not itself incorporate the secret.

Source: https://ilr.law.uiowa.edu/print/volume-103-issue-1/the-fruit-of-the-poisonous-tree-in-ip-law/

Besides, the Fruit on the Poisonous Tree is not applicable on Copyright Infringements on USA, on Brazil it is. As well on some other Countries around the World.

So, and I hope for the last time, I need to explain to anyone that I CAN'T accept contributions that are directly related to any efforts of decompiling code, an illegal practice on my Country. Worst yet, people from Brazil (and some other countries) should exercise prudence on downloading and using any Software derivative from decompiled code (or built with knowledge acquired from it). I'm not telling you to do not use the thing (I'm not your father, ok?), I'm telling you to exercise prudence while doing it - if you choose to do it.

And how I know GotMachine's contributions are "Fruits of the Poisonous Tree" for me? Because he openly stated it (lawfully, to make things clear - he is allowed to do so, I'm the one subjected to Brazilian Laws, not him!):

Give yourself the psychological freedom to analyze the KSP source code. Nobody cares. [Source].

However, and this is where things go south - by continuously inciting me to break my Country's Laws (and boy, he's being pesky on this subject, by God's sake), he is stepping out of the line under my Legal System. What may force me in the future to escalate the problem to a legal level - something that I really don't want to do.