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Date:      Thu, 9 Aug 2001 21:45:40 -0700
From:      "Ted Mittelstaedt" <tedm@toybox.placo.com>
To:        "Joe Clarke" <marcus@marcuscom.com>, "FreeBSD User Questions List" <freebsd-questions@FreeBSD.ORG>
Subject:   RE: BSD license question
Message-ID:  <002001c12157$4ea397e0$1401a8c0@tedm.placo.com>
In-Reply-To: <20010809144451.R31560-100000@shumai.marcuscom.com>

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You really should read the BSD license - it is very simple and easy
to understand.  Much more so than GPL if I say so myself.

The BSD License does allow you to take source and binary and relicense
it under whatever more restrictive license you wish.  Of course, the
original code still remains out there under the BSD license - just because
a later variant is under GPL does not invalidate the original BSD
distribution.

The $64 catch, though, is that you CANNOT delete the original BSD
license from the GPL-licensed result.

So the end result is that the GPL program will be under GPL but it
will still contain a copy of the BSD license.  So, anyone reading it
that has a little better than oatmeal for brains will see that in there
and realize that the code originated from a BSD distribution.  If that
person has something against the GPL they will no doubt go back to
the original BSD distribution and work on that, instead of the
"contaminated" GPLized distribution.  In fact they might just take the
original BSD distribution and diff it against the GPL distribution, and
prepare a set of patches that are "contaminated" GPL code, which can
then be applied to the BSD distribution to create the GPL result.

Ultimately, putting it under GPL will NOT in this case accomplish the goal of
the GPL - which is to prevent corporations and
others from making proprietary modifications.  Those entities will still be
able to make modifications to the BSD distribution.  The end result is
you have simply split the distribution into 2 separate distributions - one
GPL and one BSD - and these can further and further diverge from each other.

However, it would seem to me that the _polite_ thing to do would be for
the developers of netatalk who have a bug up their butt about GPL could
simply write their stuff as a source file that's under GPL, and leave
the licensing of the rest of the source files alone.  I understand of course
that due to the Embrace and Extend nature of GPL that the entire finished
product would fall under GPL - but at any time in the future it would make it
easy for a BSD person to rewrite the GPLized modules and put them into the
ORIGINAL BSD distribution of netatalk, if they felt the need to have a
BSD-licensed version of netatalk.  Of course, politeness rarely occurs to
zealots.


Ted Mittelstaedt                                       tedm@toybox.placo.com
Author of:                           The FreeBSD Corporate Networker's Guide
Book website:                          http://www.freebsd-corp-net-guide.com


>-----Original Message-----
>From: owner-freebsd-questions@FreeBSD.ORG
>[mailto:owner-freebsd-questions@FreeBSD.ORG]On Behalf Of Joe Clarke
>Sent: Thursday, August 09, 2001 11:47 AM
>To: FreeBSD User Questions List
>Subject: OT: BSD license question
>
>
>I realize this is off-topic, but please help me out here.  I'm a netatalk
>developer.  Netatalk is currently BSD-licensed code.  There is a thread
>on the developers list to change netatalk from BSD to GPL.  Is this legal?
>Can someone arbitrarily change the license of a project if they're not the
>author?  I don't think so.  Seems to me Microsoft would have taken Linux,
>said it's now BSD licensed, and used it in Windows XP ( ;-) ).  Thanks for
>some clarification.
>
>Joe Clarke
>
>
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