27 Jun
2005
27 Jun
'05
6:39 p.m.
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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