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Date:      Thu, 20 Dec 2001 23:10:21 -0600
From:      Jonathan Lemon <jlemon@flugsvamp.com>
To:        "Gary W. Swearingen" <swear@blarg.net>
Cc:        Jonathan Lemon <jlemon@flugsvamp.com>, chat@FreeBSD.ORG
Subject:   Re: GPL nonsense: time to stop
Message-ID:  <20011220231021.A52651@prism.flugsvamp.com>
In-Reply-To: <ulu1uluvs8.1ul@localhost.localdomain>
References:  <local.mail.freebsd-chat/Pine.LNX.4.43.0112181134500.21473-100000@pilchuck.reedmedia.net> <local.mail.freebsd-chat/20011218110645.A2061@tisys.org> <200112182010.fBIKA9739621@prism.flugsvamp.com> <4.3.2.7.2.20011218180720.00d6e520@localhost> <20011219091631.Q377@prism.flugsvamp.com> <0en10ey5jo.10e@localhost.localdomain> <20011219215548.D76354@prism.flugsvamp.com> <lpellpwlhe.llp@localhost.localdomain> <20011220171739.J26326@prism.flugsvamp.com> <ulu1uluvs8.1ul@localhost.localdomain>

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On Thu, Dec 20, 2001 at 06:55:19PM -0800, Gary W. Swearingen wrote:
> Jonathan Lemon <jlemon@flugsvamp.com> writes:
> 
> > Suppose I write a piece of software, and release it under the BSD
> > license.  It gets committed to the FreeBSD kernel.  Someone else 
> > tweaks it and slaps a GPL license on it.  You would have all copies
> > instetaneously tainted by the GPL.
> 
> This belies your claim to have understood me.  You're scenario there
> is not something that may legally occur.  Let's call your work "A"
> and the tweaker's work in a derivative of A, "B".  You own A; nobody but
> you has the right to slap a GPL license on it.  The tweaker is allowed
> by the BSDL to make a derivative of A.  This is a work of authorship
> which we'll call "C".  It contains A and B.  The tweaker is free to
> distribte C because of the BSDL, but he may not slap a GPL on C, because
> it is not all his to license. 

Well, if I am to believe you here, then it means that you have just
proved that there is no worry about the GPL at all, since in your own
words, "he may not slap a GPL on C".

"C" being the FreeBSD kernel of course, which, when you get down to
it, is simply a collection of works "A", which is all BSD licensed.

Sorry, you just argued yourself into a corner here.

Either the someone can slap a GPL on the BSD code, in which this thread
has relevancy, or they cannot, in which case the whole thing is moot.


> But if the derivation is done and it is distributed with your
> cooperatation and you say things like "the kernel is under the GPL",
  
But we (me, greg, RMS, other posters) are _NOT_ saying that, *you* are.
It has been our position from square one, that the BSD kernel is not
under the GPL.  Don't try and put your words in our camp.

I believe I'll end this thread here, since you don't appear to be able
to mount a cohesive argument, and any further logic would be a waste 
of my time.  Feel free to have the last word.  :-)
-- 
Joanthan

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