The programming language R has its advantages, but you must be aware of the potential legal pitfalls. Therefore some key steps to avoid legal risks may be of benefit before using R.

1. The legal aspects of using “R”
December 16th, 2015

2. ae nv/sa
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INTRODUCTION

3. Programming language “R” is distributed under
the GNU General Public License v2.
This is a copyleft license

4. TIP 1: UNDERSTAND THE “COPYLEFT” PRINCIPLE
 GNU GPL is developed by the Free Software Foundation and intended to guarantee the freedom to
share and change free software BUT under the conditions of the license (= disclosing source code)
 “Free” is referring to freedom not price.
 Copyright <-> Copyleft <-> Public domain
 Copyleft :
 Ensures Copyright of the software
 Offers the legal permission to copy/distribute/modify the software
 section 2 b) of GNU GPL license states: ‘You may modify your copy or copies of the Program or any
portion of it, thus forming a work based on the Program, and copy and distribute such modifications
or work’ … provided that … ‘b) You must cause any work that you distribute or publish, that in whole
or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at
no charge to all third parties under the terms of this License.’

5. TIP 2: UNDERSTAND WHAT A “DERIVATIVE WORK”
MEANS UNDER GNU GPL
 A closer look at the wording of GNU GPL 2b) shows that it includes both
‘derived from’ and ‘in whole or in part contains’
 Conclusion: GNU GPL 2b) governs the distribution of derivative works as further
defined in copyright law.

6. LEGAL PRINCIPLE
“Derivative works” under copyright law is actually a strictly United States legal concept:
 In the United States: a computer program must be substantially similar and in some
form include a portion of the copyrighted work.
 <-> In European laws: any alteration of existing works creates a derivative work (article
2 of the Directive on the legal protection of computer programs).

7. IN PRACTICE
Different interpretations to analyse whether a creation is a “derivative work”
 Source Code Interpretation
 Component Based Interpretation
 Communications Based Interpretation

8. EXCEPTION OF THE “VIRAL EFFECT” OF THE
COPYLEFT PRINCIPLE
“... Mere agregation of another work not based on the Program with the Program (or with
a work based on the Program) on a volume of a storage or distribution medium does not
bring the other work under the scope of this license (Article 2, last §)”.
“The act of running the Program is not restricted and the output from the Program is
covered only if its contents constitute a work based on the Program (independent of
having been made by running the Program). Wether that is true depends on what the
Program does (Article O §2)”.

9. RECOMMENDATIONS
 Be aware that your creation needs to be sufficiently independent from and packaged
seperate from “R” itself, so that your creation is not considered a derivative work.
 Make sure that the tool developed in R is run on another medium/server than your proprietary
tool (when used in combination with)
 If only results are communicated (which do not contain R source code) then this falls outside the
scope of the GNU GPL license

10. TIP 3: NECESSARY CHECKS BEFORE USING R
Next to this technical requirements you also need to check:
 Inside your company: Your company’s IT policy can prohibit to work internally
with open source software.
 Outside your company: The use of open source software can be prohibited in
the agreement with your customer.
 For derivative works: subject to GPU GNL terms and conditions which means
that your customers must agree to the license conditions and the source code
must be delivered

11. ANY QUESTIONS?
Olivia Vandenbrande, Legal Manager Deparco Group
Email: olivia.vandenbrande@definam.be
Phone: +32-475.715.759