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Date:      Wed, 5 Jul 2000 19:32:06 -0700 (PDT)
From:      papowell@astart.com
To:        drosih@rpi.edu, imp@village.org
Cc:        andrews@technologist.com, arch@FreeBSD.ORG, nik@FreeBSD.ORG, papowell@astart.com, sheldonh@uunet.co.za, will@almanac.yi.org
Subject:   Re: Bringing LPRng into FreeBSD? - License Issues
Message-ID:  <200007060232.TAA23720@h4.private>

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> From will@almanac.yi.org Mon Jul  3 20:35:14 2000
> Date: Mon, 3 Jul 2000 23:32:55 -0400
> From: Will Andrews <andrews@technologist.com>
> To: papowell@astart.com
> Cc: arch@FreeBSD.ORG, sheldonh@uunet.co.za
> Subject: Re: was: Bringing LPRng into FreeBSD?
>
> On Mon, Jul 03, 2000 at 08:30:04PM -0700, papowell@astart.com wrote:
>
> [ nice list of advantages of lprng ]
>
> Would you be happy to import LPRng with a BSD license in the FreeBSD
> tree?  The artistic license + GPL are prohibiting.
>
> Someone mentioned that you allowed BSDI to distribute LPRng in BSD/OS
> with a BSD license; can you not do the same for FreeBSD?
>
> -- 
> Will Andrews <andrewsw@purdue.edu> <will@FreeBSD.org>
> GCS/E/S @d- s+:+>+:- a--->+++ C++ UB++++ P+ L- E--- W+++ !N !o ?K w---
> ?O M+ V-- PS+ PE++ Y+ PGP+>+++ t++ 5 X++ R+ tv+ b++>++++ DI+++ D+ 
> G++>+++ e->++++ h! r-->+++ y?
>

I am surprised at the concern of the licensing issue, so let me explain
the development of the LPRng code and how the license issues evolved.
If you are not interested in the following topics skip them.  But please
take the time to read the last one.

Here are some questions that seem to be common to the license issue.
You can skip most of them,  but please read the last one, marked
with a *,  and please feel free to comment about this.

Question:  Why the Artistic License?  Why the GPL License?
Question: Why is BSDi using the BSD license?
Question:  Why is LPRng not currently under the BSD license?
* Question:  How would you distribute LPRng under the BSD license?


Question:  Why the Artistic License?  Why the GPL License?

The original PLP and LPRng distributions,  up until the LPRng 3.5.*
release as I recall,  were under a variation of the BSD license.
At this point in time I started to fold some code that had been provided
by some 3rd party folks into the LPRng distribution.  Actually, the code
had been developed under contract for them,  and they indicated that they
had no objections about folding them back in.

This has resulted in a 'main line' code which is distributed to the
public and several 'corporate branches' that contain changes and
facilities specific to various organizations that need them.

Now,  here comes the interesting part.  Due to an encounter with
some FSF representatives,  the folks paying for me to do the various
modifications stated that under no circumstances was I to put LPRng
main line under GPL come hell, high water, or any other condition
until they clarified the terms of the GPL.  Apparently there was
also some personality conflicts at the highest level that resulted
in this dictum.  They did not want me to accidentally include their
code and have this released under GPL,  which would then require
them to make the GPL code available.  Don't tell me that this is
not the case - they had a legal opinion that said that this might
be the case,  and they could then be in the position of disposing
of a corporate asset with no return,  and then they would be targets
for stockholder lawsuits.

Besides,  they were paying me a lot of money to do the code
development,  and I find it very hard to turn down money.

One way to avoid this was to remove the API interfaces to their
code in the LPRng main line distribution.  This was done,  and I
put LPRng under the GPL about a year ago.

Question: Why is BSDi using the BSD license?

Answer: They are not.

They have a direct license from me to include the binaries and
source code in their distribution.  In return, they send me the
source for their version of the distributions.  They do not need
to ship source code for their versions or modifications unless they
want to.  (This satisfies the Artistic License requirements, by
the way).

Most folks who have included LPRng in their distributions also
send me copies of their distributions as well.

Question:  Why is LPRng not currently under the BSD license?

If somebody modifies LPRng and it turns out that the modified vesion
has security holes in it,  I want to make sure that the version is
identfied in the CERT advisory as:  'The FumbleFingerd Corporation's
Modified Version of LPRng x.x.x' and not as 'LPRng by Patrick Powell
Version x.x.x', and point out the Joe Blortz of FFC made the mods.

Now of course,  if my baseline code has the flaw then I will not
be happy about it,  but I will eat crow in public, without salt
AND with Louisiana Hot Sauce.

This is currently one of the big weaknesses of the BSD license.
In my not-so-humble opinion, Sendmail has had a lot of bad press
because of the BSD license, mostly because some Major Corporations
were using an out of date and buggy version of the Sendmail code,
which they had modified,  but did not tell what the modifications
were,  and would not update to a newer version.  Now I do not claim
that the modificiations were the cause of the problems,  but without
visibility of the modifications you can spend a lot of time trying
to discover the cause of the problem in the baseline code,
when this is not the source of the problem at all.

**********     Please read and comment **************

Question:  How would you distribute LPRng under the BSD license?

I would distribute the code under the modified BSD license,  but also
include the  following provision (I am writing this in plain English):

If you make additional modifications to this code that are
not already present in the source code distribution that you
obtained it from,  then this must be indicated by providing an
additional message in the version and copyright information displayed
by the appropriate command and included in the binary distribution.

For example:

Original LPRng, compiled from the raw distribution:

## lpc -V
LPRng-3.6.19, Copyright 1988-2000 Patrick Powell, <papowell@astart.com>


The FreeBSD Distribution binaries and binaries generated from the
FreeBSD modifications to the source would show:
## lpc -V
LPRng-3.6.19, Copyright 1988-2000 Patrick Powell, <papowell@astart.com>
 included in FreeBSD Distribution 4.X, 2000-Jan-01, Phil Phumbler <pp@freebsd.org>

And the version that FumbleFingerd made mods to in addition to the FreeBSD
would show:

## lpc -V
LPRng-3.6.19, Copyright 1988-2000 Patrick Powell, <papowell@astart.com>
 included in: FreeBSD Distribution 4.X, 2000-Jan-01, Phil Phumbler <pp@freebsd.org>
 modified by: FumbleFingerd Corp- version 1.10, 2000-Jan-05, <support@ffc.hotmail.com>

I think that this would go a little way to solving problems of tracking
what version is used for what system,  and where you got the code.
I think this is a more global problem and should be added to the
general way that 'Open Software' is being promoted.

Note:

There is NOTHING to prevent folks from going to the LPRng web site,
downloading the orginal version, and using this.  They could even
rip off the patches needed to run under FreeBSD from the FreeBSD
distribution code and claim them as their own.  Ummm... bit dangerous
that.  I seem to recall some problems with AT&T and the
University of California over something similar.

Patrick Powell                 Astart Technologies,
papowell@astart.com            9475 Chesapeake Drive, Suite D,
Network and System             San Diego, CA 92123
  Consulting                   858-874-6543 FAX 858-279-8424 
LPRng - Print Spooler (http://www.astart.com)


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