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Date:      Fri, 21 Dec 2001 15:09:30 -0600
From:      Jonathan Lemon <jlemon@flugsvamp.com>
To:        Brett Glass <brett@lariat.org>
Cc:        Jonathan Lemon <jlemon@flugsvamp.com>, "Gary W. Swearingen" <swear@blarg.net>, chat@FreeBSD.ORG
Subject:   Re: GPL nonsense: time to stop
Message-ID:  <20011221150930.A78601@prism.flugsvamp.com>
In-Reply-To: <4.3.2.7.2.20011221131016.00d3dcc0@localhost>
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> <4.3.2.7.2.20011221131016.00d3dcc0@localhost>

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On Fri, Dec 21, 2001 at 01:15:02PM -0700, Brett Glass wrote:
> At 04:17 PM 12/20/2001, Jonathan Lemon wrote:
> 
> >Sorry, but you're forgetting one simple fact: as the Author, I maintain
> >all Copyrights.  So my original work by itself is (and cannot be) tainted
> >by the GPL unless I reassign the copyright.  This *IS* well tested 
> >international copyright law.  (Berne Convention)
> 
> Jonathan:
> 
> This is, alas, not quite true. Let's take the example of Linux syslogd.
> It was based on Berkeley syslogd, written by Eric Allman, and the man
> page credits him and other contributors. But the code has been thoroughly
> commmingled with GPLed additions and modifications, and there is nothing
> in the code to indicate which parts are GPLed and which are not. It is
> thus effectively GPLed.

No, Brett, that's not what I said.  I said that the *ORIGINAL* work
by *itself* is not and cannot be tainted by the GPL.  Yes, I agree with
you here that the Linux syslogd (a derivative of Allman's original
work) is tainted (by some definition of taint) by the GPL.  But the
original pre-GPL work, which probably still is available in an archive
somewhere, is not GPL'd.

Gary does not seem to understand this.
-- 
Jonathan

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