Date: Fri, 14 Dec 2001 02:40:22 -0800 From: Terry Lambert <tlambert2@mindspring.com> To: "Gary W. Swearingen" <swear@blarg.net> Cc: chat@FreeBSD.org Subject: Re: IBM's intentions with JFS (was: IBM suing (was: RMS Suing was [SUGGESTION] - JFS for FreeBSD)) Message-ID: <3C19D716.3FC77047@mindspring.com> References: <3C186EA5.4EA87656@mindspring.com> <20011213093555.76629.qmail@web21107.mail.yahoo.com> <3C186381.6AB07090@yahoo.com> <3C1875D6.5DE4F996@mindspring.com> <1id71idej9.71i@localhost.localdomain> <3C1875D6.5DE4F996@mindspring.com> <20011213051012.Y56723-100000@turtle.looksharp.net> <3C186381.6AB07090@yahoo.com> <3C1875D6.5DE4F996@mindspring.com> <3C186381.6AB07090@yahoo.com> <20011214122837.O3448@monorchid.lemis.com> <3C19807D.C441F084@mindspring.com> <5ipu5i9u0w.u5i@localhost.localdomain>
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"Gary W. Swearingen" wrote: > Terry Lambert <tlambert2@mindspring.com> writes: > > The license is incompatible with the FreeBSD license, since you > > can not change the FreeBSD license on the code in order to comply > > with clause 2(b) of the GPL, which requires that all the code in a > > derivative work be licensed under the GPL. > > Be careful there. The GPL requires the derivative work "as a whole" > to be burdened by the GPL, but it does not require "all the code" to > be burdend by the GPL (unless "all the code" means "the work as a > whole", which isn't how I read it). You seem to be claiming that an aggregation license of the GPL on the works as a collection would satisfy the clause; however, at the end of clause 2 of the GPL, it says: Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program. In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License. It is very clear from both section 2 & 3 that the program -- in this case, the kernel -- becomes a derivative work of the JFS code. See: 17 USC Section 101. Definitions A "derivative work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a "derivative work". For future reference, here is the entirety of Title 17: <http://www.bitlaw.com/source/17usc/index.html>; > Copyrights in a derivative extend only to the work of the copyright > owner. For example, one may copyright a book for which one does not own > the copyrights of any one chapter (only with their permission, of > course). Your license may say "don't copy the book", but you can't say > "don't copy a chapter" if it's copyright owner has already granted you > that copyright. (Well, like Linus and RMS, you can SAY it, but it won't > be enforced by law courts.) > > Fortunately, one does not need to change the BSD licence, to incorporate > BSD-licenced code into any other licensed work, as long you honor the > few conditions of the BSD license, because the BSD liceence allows that. > The BSD license terms continue to apply to the BSD-licensed code (and > copies) forever, even in the context of an otherwise-licensed work. Forgive me if I don't want to be the test case for your legal theory, particularly when it disagrees with those of the highly paid IBM lawyers who did the 6 month due dilligence on the Whistle acquisition. 8^). -- Terry To Unsubscribe: send mail to majordomo@FreeBSD.org with "unsubscribe freebsd-chat" in the body of the message
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