On Mon, Jun 27, 2005 at 07:48:44PM +0200, Oliver Schneider wrote:
Not quite, no. The GPL says that if you use GPL code, everything that you release that uses that GPL code must also be GPL. Thus (BSD + LGPL + GPL) -> GPL when it's distributed. BSD must be sublicensed, and LGPL must have it's GPL license conversion excercised. You no longer have the full BSD rights in the distributed code anymore, if you download it all as a whole.
Perhaps I've misunderstood something, but I for instance publish my sources under BSDL (and other liberal licenses) because it is not as viral as the GPL. Therefore I would surely not agree that someone is allowed to "sublicense" code which I intentionally published under BSDL to give the licensee as much freedom as possible. Actually, since the GPL is too restrictive (i.e. "viral") it violates rights the author granted to the users of his BSDLed code.
Not true. The whole point of the BSD is that a business can take your code, make a product, and release that product with whatever (sub)license they want. This happens all of the time, and is the major "boon" of the BSD.
This also means that BSD code could (theoretically) become extinct in the "free" word; e.g., if all versions of the code could be snapped up by proprietary vendors, and all public mirrors disappeared. This is one of the reasons people choose GPL over BSD -- they want to ensure that the source stays open and (additionally) that changes get fed back to the community if the binaries are distributed.
Can you enlighten me what makes you think that BSDLed code can be "sublicensed", please!
Here is the text of the BSD license:
Copyright (c) <YEAR>, <OWNER> All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. * Neither the name of the <ORGANIZATION> nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Note GPL clauses 6 and 7:
6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all.
Note that the only case where both the obligations of the GPL and BSD licenses can be met is if the BSD source files have the BSD header (as required) AND an overriding GPL notice (which is not disallowed by the BSD license). In this manner, both licenses are conformed to, and the only serious potential for conflict is the "advertisement clause" (having to put explicit things in the documentation). Because the source code of the file must be made available (according to the GPL) the second clause of the BSD license is fulfilled, since the notice is part of the "materials provided with the distribution" (even if not immediately).
So yes, your BSD source code can be sub-licensed by pretty much everybody, and it can also be "converted" to GPL (i.e. it's "GPL-compatible').
-- Travis
IANAL. Talk to one if you have need for true legal counsil. Please don't break my legs, anyone ;).
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