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Date:      Mon, 17 Dec 2001 18:57:38 +1030
From:      Greg Lehey <grog@FreeBSD.org>
To:        Brett Glass <brett@lariat.org>
Cc:        Terry Lambert <tlambert2@mindspring.com>, "Gary W. Swearingen" <swear@blarg.net>, hiten@uk.FreeBSD.org, "Brandon D. Valentine" <bandix@looksharp.net>, Hiten Pandya <hitmaster2k@yahoo.com>, chat@FreeBSD.org, phk@FreeBSD.org, Poul-Henning Kamp <phk@critter.freebsd.dk>
Subject:   Re: IBM's intentions with JFS (was: IBM suing (was: RMS Suing was [SUGGESTION] - JFS for FreeBSD))
Message-ID:  <20011217185738.N14500@monorchid.lemis.com>
In-Reply-To: <4.3.2.7.2.20011217001345.00e26280@localhost>
References:  <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> <4.3.2.7.2.20011214175450.02da2a90@localhost> <4.3.2.7.2.20011215232233.00e74cc0@localhost> <4.3.2.7.2.20011216221810.031b6820@localhost> <4.3.2.7.2.20011217001345.00e26280@localhost>

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On Monday, 17 December 2001 at  0:17:42 -0700, Brett Glass wrote:
> At 11:04 PM 12/16/2001, Greg Lehey wrote:
>
>>> If they're part of the kernel, they're not separate works. RMS would
>>> have the right to demand, TODAY, that the entire FreeBSD kernel be
>>> licensed under the GPL. This is the danger of permitting the camel's
>>> nose into the tent.
>>
>> Well, why don't we ask him?
>
> Go ahead. He'll wring his hands with glee, seeing that carelessness
> and apathy have delivered his enemies into his hands.

Where did you see that in his reply?

>> I interpret this to mean "after linking".  It would appear to be the
>> kernel binary which falls under the GPL.  About the only obligation of
>> the FreeBSD project would be to make the corresponding source code
>> available.
>
> Not true. The FreeBSD Project would be obliged to license the entire
> kernel -- source and binary -- under the GPL.

That is a complete and utter contradiction of what Stallman said.  I
see that you carefully removed his words:

> The kernel code released under the revised BSD license will continue
> to be under the revised BSD license; it is only the *combination as
> a whole* that will be covered by the GPL--if and when the
> GPL-covered code is included in it.  If someone links a kernel
> without that GPL-covered code, the GPL won't apply to that kernel.

Would you please explain:

1.  How you got to your contradictory conclusion above.
2.  Why you omitted this statement from the reply.

>> This sounds to me like a technicality.  For me, the main thing is that
>> the FreeBSD code remains under the BSD license, and it seems that
>> there's no issue there.
>
> There is a very serious issue. It contains GPLed code and has been
> distributed. This means that if the GPL is legally enforceable,
> every version of FreeBSD that has contained that code must be
> licensed under the GPL.

Brett, you're arguing against facts.  How do you want people to take
you seriously?

Greg
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