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Date:      Thu, 9 Aug 2001 15:23:52 -0600
From:      "Brad Morgan" <B-Morgan@concentric.net>
To:        "Joe Clarke" <marcus@marcuscom.com>
Cc:        "FreeBSD User Questions List" <freebsd-questions@FreeBSD.ORG>
Subject:   RE: OT License Question WAS: RE: BSD license question
Message-ID:  <NABBJOOEOFODEALNMJAJMENHEDAA.B-Morgan@concentric.net>
In-Reply-To: <20010809160056.N31629-100000@shumai.marcuscom.com>

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The original owner released the software under the BSD license.  One of the
provisions of that license is that users are free to use the software in
other, less permissively licensed products as long as the license
requirements are met.

The original BSD licensed sources cannot be re-distributed with a different
source license, but the binaries produced from them, along with additional
sources, can be licensed differently.

For example, Microsoft using the BSD TCP/IP stack has to acknowledge that
the product includes software developed by the University of California,
Berkeley and its contributors (amoung other things).  They are not required
to distribute sources of the total work.

The GPL license requires that the original software sources remain available
along with the sources of any additions to the original software.  If
Microsoft had used
the Linux TCP/IP stack instead, then they would be required to distribute
the sources of Windows under the terms of the GPL.

The source distribution of the software package in question may have to
include both BSD and GPL licenses and clearly identify which modules belong
to which license.  Modifications to the BSD modules are still BSD licensed
per the BSD.

I agree with you that you can't take package Foo licensed with BSD and
create an identical package Bar licensed with the GPL.

Brad

-----Original Message-----
From: Joe Clarke [mailto:marcus@marcuscom.com]
Sent: Thursday, August 09, 2001 2:02 PM
To: Jonathan Fosburgh
Cc: Brad Morgan; FreeBSD User Questions List
Subject: Re: OT License Question WAS: RE: BSD license question


Right, this I understand.  The issue in question is that someone who is
not the owner wants to relicense the software.

Joe Clarke

On Thu, 9 Aug 2001, Jonathan Fosburgh wrote:

> At 01:16 PM 8/9/01 -0600, Brad Morgan wrote:
> >It depends on how the license is written.  The BSD license is less
> >restrictive than the GPL license so you may be able to go BSD to GPL, but
> >not GPL to BSD.
> >
> >I'm not a lawyer so don't take my word for it.  Carefully examine the
text
> >of the licenses.
> >
> >Brad
> >
>
> I am not a lawyer etc etc etc.  But it is my understanding that the owner
> of the copyright can, at any time change the license. Licenses restrict
> users, not owners.  I don't know who owns the product in question, but
> whoever does could relicense it as GPL if they wish. xfmail used to be BSD
> licensed, but the owner essentially gave it up and it is now GPL'd.
>
>
>
****************************************************************************
**
> Jonathan Fosburgh                       |       Certified AIX
Administrator
> Software Systems Spec. III              |       ICQ: 32742908
> Communications and Computer Services    |       MSN: syjef@hotmail.com
> UT MD Anderson Cancer Center            |       Jabber: syjef@jabber.org
> Houston, TX                             |       Yahoo: jefosburgh
>
****************************************************************************
**
>
>
>



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