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Date:      Sun, 23 Dec 2001 17:56:29 -0600
From:      "Mike Meyer" <mwm-dated-1009583789.5d0de0@mired.org>
To:        dwalton@acm.org
Cc:        chat@freebsd.org
Subject:   Re: Does Linux violate the GPL?
Message-ID:  <15398.28461.605242.845831@guru.mired.org>
In-Reply-To: <20011223153232.4b562a74.dwalton@acm.org>
References:  <20011223153232.4b562a74.dwalton@acm.org>

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Dave Walton <dwalton@acm.org> types:
> A creates software S under BSDL.  (Note that the BSDL does not grant
> permission to alter the license, a right which is reserved for the author
> by default, contrary to popular slashdot belief.)
> B creates software T under GPL.
> 
> 1.  A decides to include T into S, but does not change the license on S. 
> One of two possibilities exists:
>   a.  A is in violation of the GPL by not relicensing S and may not
> legally use T.

This is false.

> 2.  B decides to include S into T, but does not arrange for A to release S
> under GPL.  This causes two violations:
>   a.  B has violated the copyright of A by altering the license and may
> not legally use S.

False again.

>   b.  B has violated the GPL by not releasing ALL the code under GPL.

This is true.

> 3.  C creates a new software U, which is a combination of S and T, but
> does not arrange for A to release S under GPL.  Once more, two violations:
>   a.  C has violated the copyright of A by altering the license and may
> not legally use S.

Again false.

>   b.  C has violated the GPL by not releasing ALL the code under GPL.

Again true.

> I find it mildly entertaining that the GPL makes it so difficult to use
> GPL software without violating GPL.

You're making the same mistake that Gary kept trying to straighten
out. Neither BSDL nor GPL place any restrictions on *use* of the
covered work.  The restrictions are on distribution. So all the places
where you say "may not legally use", you really need to say "may not
legally distribute". I.e. - if I take T and add S - neither of which I
hold a copyright to - I can legally use it without violating either
license, but I can't let anyone else have a copy.

	<mike
--
Mike Meyer <mwm@mired.org>			http://www.mired.org/home/mwm/
Independent WWW/Perforce/FreeBSD/Unix consultant, email for more information.

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