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Date:      Mon, 18 Jan 1999 11:55:24 -0700
From:      Brett Glass <brett@lariat.org>
To:        Jacques Vidrine <n@nectar.com>
Cc:        chat@FreeBSD.ORG
Subject:   Re: Attempt to relicense BSD code under the GPL 
Message-ID:  <4.1.19990118114510.0475fa90@mail.lariat.org>
In-Reply-To: <199901181743.LAA84007@spawn.nectar.com>
References:  <4.1.19990118095621.04517460@mail.lariat.org> <4.1.19990118092136.0465ede0@mail.lariat.org> <4.1.19990118092136.0465ede0@mail.lariat.org> <4.1.19990118095621.04517460@mail.lariat.org>

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At 11:43 AM 1/18/99 -0600, Jacques Vidrine wrote:
 
>On 18 January 1999 at 10:01, Brett Glass <brett@lariat.org> wrote:
>> Nope, I'm not overreacting. The page states that the code
>> is licensed ONLY under the GPL. 
>
>I don't see that.  The page you reference does not contain any 
>reference to ``GPL''. http://www.cs.utah.edu/projects/flux/oskit/ 

Use the links, Luke. ;-) Follow the link with the text "Licensing
policy" midway down the page. It leads to the following:

===================================================================

Copyright (c) 1994-1999 The University of Utah and the Flux Group.
All rights reserved.

The OSKit -- the Flux Operating System Toolkit.

Developed by the University of Utah, Flux Research Group.
http://www.cs.utah.edu/projects/flux/

The OSKit is free software -- also known as "open source" -- you can
redistribute it and/or modify it under the terms of the GNU General Public
License, version 2, as published by the Free Software Foundation, and found in
the file `COPYING'.  This license basically allows free use, modification, and
redistribution, as long as the source to the OSKit and any code linked against
it is made freely available.  (The license in `COPYING' is authoritative, not
this interpretation of it.)  For credits and exceptions, see doc/licensing.tex.

To explore alternate licensing terms, contact the University at
csl-dist@cs.utah.edu or +1-801-585-3271.

The OSKit is distributed in the hope that it will be useful, but WITHOUT ANY
WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR
A PARTICULAR PURPOSE.  See the GNU General Public License for more details.

You should have received a copy of the GNU General Public License along
with the OSKit; see the file COPYING.  If not, write to the Free Software
Foundation, 59 Temple Place #330, Boston, MA 02111-1307, USA, or look
at http://www.fsf.org/copyleft/gpl.html.

===================================================================

There's no mention of the fact that it is per se illegal to relicense
BSD code under the GPL.

>What is ``the COMPILATION copyright''?  I don't follow.

It's a basic concept of copyright law. When you compile a collection
of material, you own a copyright on the way the collection is compiled 
(the selection of elements and the way in which they're linked together)
even if you don't own all of the component parts. If you wanted to
use the "OSKit," including the "glue code" that connects the various
elements, you'd have to have permission under the compilation
copyright. Apparently, the University has unwisely chosen to license
this copyright under the GPL. Again, this precludes commercial re-use --
a good example of how many developers stamp the GPL on their code without
understanding the legalities or the implications.

>The code developed at Univ. of Utah, the OSKit proper, if you will,
>is under GPL (although note that other licensing terms are available).

It should not be. This is contrary to the stated purpose of the project.
How can one reduce the cost of OS R&D when one precludes businesses
from creating commercial OSes based on the kit? 

>The code donated/borrowed from other projects, such as FreeBSD, are
>still under the original copyright of the project (of course, since
>that cannot legally be changed).

That's not what that "License policy" says. This group is attempting to
relicense BSD-licensed code under the GPL, both by stamping the GPL
on it and by using it for the package as a whole.

--Brett Glass


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