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Date:      Sat, 06 Apr 2002 14:38:24 -0800
From:      Terry Lambert <tlambert2@mindspring.com>
To:        Ian Pulsford <ianjp@optusnet.com.au>
Cc:        Dag-Erling Smorgrav <des@ofug.org>, freebsd-chat@FreeBSD.ORG
Subject:   Re: Abuses of the BSD license?
Message-ID:  <3CAF78E0.5EBD3351@mindspring.com>
References:  <200204051922.06556@silver.dt1.binity.net> <3CAE7037.801FB15F@optusnet.com.au> <3CAEA028.186ED53E@optusnet.com.au> <xzpd6xdqboj.fsf@flood.ping.uio.no> <3CAEFFAF.5C31E634@optusnet.com.au>

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Ian Pulsford wrote:
> License can only be granted by the copyright holder.  The BSD licence I
> outlined (and the BSD licence with the "advertising clause") don't
> mention anywhere that license (ie. permission) is given to add extra
> licences.  If license isn't given then you have to assume that is not
> part of the licence.  If I buy a CD and nowhere is it mentioned that I
> am not allowed to copy and redistribute it, I don't automatically have a
> licence to do that.

It depends on whether you own the CDROM media, or not, at
least in the United States.  The US has a doctorine called
"first use", in which, if you buy something, and own it,
then you can dictate what people can and can not do with it.

This has been tested in courts many times, in video piracy,
software piracy, and CD, record, and tape resale cases.

Simply put, the doctorine permits you to copy the contents
of media you own for your own use, as many times as you want,
and you are even legally permitted to give away these copies
(but it is illegal for you to sell them).

This is why such incredible effort has gone into software
licenses to indicate that you do not own the media, that
what you have purchased is a license to use, and that the
media belongs to the publishing software company.


> Note, this doesn't make the BSD licence any more strict in that you
> cannot incorporate it in your software, just that wholesale copying
> without retaining the licence is illegal.

Yes.  Definitely.

Given the licensing, its really silly to try and change it
anyway, since it's as unrestricted as it can be without
being in the public domain, and it's not in the public domain
in most cases, simply because placing something in the public
domain prevents the author from including a hold harmless and
preventing the use of their name without permission.

-- Terry

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