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Date:      Fri, 16 Jun 1995 11:23:54 -0700 (PDT)
From:      "Rodney W. Grimes" <rgrimes@gndrsh.aac.dev.com>
To:        peter@haywire.DIALix.COM (Peter Wemm)
Cc:        hackers@freebsd.org
Subject:   Re: GPL code in freebsd?
Message-ID:  <199506161823.LAA05336@gndrsh.aac.dev.com>
In-Reply-To: <Pine.SV4.3.91.950617015105.24890H-100000@haywire.DIALix.COM> from "Peter Wemm" at Jun 17, 95 02:05:58 am

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> 
> I just saw that Alan Cox fired a salvo at FreeBSD in gnu.misc.discuss, 
> under the subject: "Pre-HURD GNU System: Linux or FreeBSD?"
> 
> I don't think he was aware of the default "i386/i386/math_emulate.c" file 
> which has no such restrictions.  (Hell.. It has no darn copyright at the 
> top either! - the only mention of copyright is Linus Torvald's one in the 
> middle). 
> 
> Does he have a point with the ISDN stuff?  I just read the GPL and got a 
> headache.  :-(

And now you understand why *BSD hates the bloody GPL so much!!!

> -Peter
> 
> ----------------------- 
> > Newsgroups: gnu.misc.discuss
> > Path: haywire.DIALix.COM!DIALix!news.uwa.edu.au!harbinger.cc.monash.edu.au!simtel!news.sprintlink.net!howland.reston.ans.net!EU.net!uknet!info!iialan
> > From: iialan@iifeak.swan.ac.uk (Alan Cox)
> > Subject: Re: Pre-HURD GNU System: Linux or FreeBSD?
...

> > In article <3qlves$3vm@news3.digex.net> "Frederick (Rick) A Niles" <niles@axp745.gsfc.nasa.gov> writes:
> > >I've heard that R. Stallman has said that the Linux/GNU system
> > >is the offical FSF GNU system until the HURD is ready, however,
> > >one (currently) needs FreeBSD to install the HURD.  Does this
> > >not introduce a conflict?  Perhaps the HURD and even Mach
> > 
> > FreeBSD is already internally in violation of its own licenses.

I find that hard to belief, given the fact there is no ``FreeBSD''
license!!!

> > The FreeBSD-Current release at the moment contains what looks very much like
> > GPL code and as such is subject to the GNU public license.

And we don't distribute that in binary form so we are not in violation
of the GPL for that piece of code!

> > viz: FreeBSD-Current/src/sys/gnu/isdn.c
> > 
> >  * Copyright (c) 1994 Dietmar Friede (dietmar@friede.de) All rights
> > reserved.
> >  * FSF/FSAG GNU Copyright applies
> >  *
> >  * An intermediate level for ISDN Drivers.
> > 
> > Since this contradicts other licenses in the BSD code (of which there are
> > many) the FreeBSD-Current system is not a legally distributable product. It
> > seems the FSF may need to take action.

Try as they might, they don't have a leg to stand on.

> > The people selling it are also persistantly violating other copyrights on
> > the FreeBSD code (eg from the FPU emulator that requires:
> > 
> >  * 4. The name of W. Metzenthen may not be used to endorse or promote
> >  *    products derived from this software without specific prior written
> >  *    permission.
> >  
> > Conspicuously absent from all CD ROM distributors material.

Self conflicing licenses are very hard to uphold in court.  The copyright
on this file is in conflict with it self!

> > A considerable number of Linux CD-ROM vendors also need a reminder that they
> > should be crediting UCB for many applications.

And the GNU folks as well... 

...
> > > * 4. The name of W. Metzenthen may not be used to endorse or promote
> > > *    products derived from this software without specific prior written
> > > *    permission.
> > > 
> > >Conspicuously absent from all CD ROM distributors material.
> > 
> > Before I confuse everyone I pasted the wrong paragraph. The paragraph I
> > meant to paste is #3 which requires people mentioning this facility (many
> > FreeBSD CD's say 'floating point emulator' in their feature list) to credit
> > the Author in such advertising/info.

And we have 2 floating point emulators, one of which is NOT under a GPL,
so we are fine mentioning it without any mention of ``W. Metzenthen''.

-- 
Rod Grimes                                      rgrimes@gndrsh.aac.dev.com
Accurate Automation Company                   Custom computers for FreeBSD



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