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Date:      13 Dec 2001 22:48:31 -0800
From:      swear@blarg.net (Gary W. Swearingen)
To:        Terry Lambert <tlambert2@mindspring.com>
Cc:        chat@FreeBSD.org
Subject:   Re: IBM's intentions with JFS (was: IBM suing (was: RMS Suing was  [SUGGESTION] - JFS for FreeBSD))
Message-ID:  <5ipu5i9u0w.u5i@localhost.localdomain>
In-Reply-To: <3C19807D.C441F084@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>

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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).

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.

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