Doesn't matter, you're still legally liable if your work is found to
be derivative and lacking a fair use defense. It's not borrowing
"ideas" that's problematic, it's proving that's all you did. For
those of us with legal departments, we have no choice: if they don't
believe we can prove our case, we're not using the code, period. The
risk simply isn't worth it.
Many legal departments have an overblown sense of risk, I'm afraid.
And I suppose that's somewhat natural, as it's mostly the legal people
who are putting their necks on the line over such issues - though I
wouldn't be surprised to see a disciplinary action or even firing of a
techie over same.
I worked at DATAllegro when it was acquired by Microsoft. The
DATAllegro product had significant portions that were opensource code;
Microsoft, of course, decided that they needed to "quarantine"
(meaning "eliminate", in a weird, half-way sense) the opensource
portions.
Why did Microsoft do this? Why knowingly go through with the purchase
of a product that had large opensource parts? Why was what they did
considered "enough" as part of a complex due diligence process, to
satisfy even Microsoft's copyright-extensionist lawyers?
When I say "copyright extensionist", I mean:
1) Their legal department once told me that a small python module
could not just be rewritten under a different license, legally,
because a small module could not be made different enough to avoid
issues.
2) Their onboarding process literally said "don't look at example code
in programming books - it entails a legal risk for the company."
What made them think DATAllegro's purchase price was still worth it,
despite this perspective on copyright?
I don't know; I have no first-hand knowledge of that process, though
ironically I did help quarantine the "offending" code. But obviously
Microsoft management, their board and their lawyers felt it was worth
the risk at the price. I know it had something to do with contracting
out to a 3rd party company to assess the risk and ascertain what
portions "required" excising.
Here's one such company:
http://www.blackducksoftware.com/black-duck-suite
A former coworker (not of Microsoft) suggested they were the only
company in this business. I believe Black Duck has software that
automatically detects opensource code in a body of work.
IOW, it's quite possible to demonstrate that something isn't a
derivative work, enough so to make even Microsoft's lawyers happy,
given adequate funding for the purpose.
So yeah, sometimes a programmer peeking at opensource code might be
more of a risk (== expense) than a closed-source company is willing to
take, but so might studying a book intended to help you learn
programming. And how many programmers haven't studied a programming
book at some time in their life?
My intuition tells me (I'm not going into details - that feels too
dangerous to me personally) that part of the issue Microsoft was
trying to prevent, wasn't so much a matter of copyright safety, as
trying to avoid being called hypocritical; they've made a lot of noise
about how dangerous opensource is. If they then turn around and
distribute opensource code artifacts as part of a Microsoft product,
then they'll probably eventually get beaten up in the tech press yet
again over the new matter.