ath5k, license is GPLv2
The files are available only under GPLv2 since now.
Signed-off-by: Jiri Slaby <[email protected]>
---
commit 330c2ab9a53ddce27003218bd546034e8eeeff17
tree b24cecd991fbe3046d5c5269c61e0090427e4fd3
parent ceeaf6b9aac9daaa41ec38fbba3d2c1972af4470
author Jiri Slaby <[email protected]> Tue, 28 Aug 2007 16:27:51 +0200
committer Jiri Slaby <[email protected]> Tue, 28 Aug 2007 16:27:51 +0200
drivers/net/wireless/ath5k.h | 12 +-----------
drivers/net/wireless/ath5k_base.c | 22 +++-------------------
drivers/net/wireless/ath5k_base.h | 33 +--------------------------------
drivers/net/wireless/ath5k_hw.c | 13 +------------
drivers/net/wireless/ath5k_hw.h | 12 +-----------
drivers/net/wireless/ath5k_reg.h | 31 +------------------------------
drivers/net/wireless/ath5k_regdom.c | 4 +---
drivers/net/wireless/ath5k_regdom.h | 4 +---
8 files changed, 10 insertions(+), 121 deletions(-)
diff --git a/drivers/net/wireless/ath5k.h b/drivers/net/wireless/ath5k.h
index 0c6f3f5..c76b97b 100644
--- a/drivers/net/wireless/ath5k.h
+++ b/drivers/net/wireless/ath5k.h
@@ -2,17 +2,7 @@
* Copyright (c) 2004-2007 Reyk Floeter <[email protected]>
* Copyright (c) 2006-2007 Nick Kossifidis <[email protected]>
*
- * Permission to use, copy, modify, and distribute this software for any
- * purpose with or without fee is hereby granted, provided that the above
- * copyright notice and this permission notice appear in all copies.
- *
- * THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES
- * WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF
- * MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR
- * ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
- * WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
- * ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
- * OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
+ * This file is released under GPLv2
*/
#ifndef _ATH5K_H
diff --git a/drivers/net/wireless/ath5k_base.c b/drivers/net/wireless/ath5k_base.c
index 5ee36b5..8703988 100644
--- a/drivers/net/wireless/ath5k_base.c
+++ b/drivers/net/wireless/ath5k_base.c
@@ -4,25 +4,9 @@
* Copyright (c) 2007 Jiri Slaby <[email protected]>
* All rights reserved.
*
- * Redistribution and use in source and binary forms, with or without
- * modification, are permitted provided that the following conditions
- * are met:
- * 1. Redistributions of source code must retain the above copyright
- * notice, this list of conditions and the following disclaimer,
- * without modification.
- * 2. Redistributions in binary form must reproduce at minimum a disclaimer
- * similar to the "NO WARRANTY" disclaimer below ("Disclaimer") and any
- * redistribution must be conditioned upon including a substantially
- * similar Disclaimer requirement for further binary redistribution.
- * 3. Neither the names of the above-listed copyright holders nor the names
- * of any contributors may be used to endorse or promote products derived
- * from this software without specific prior written permission.
- *
- * Alternatively, this software may be distributed under the terms of the
- * GNU General Public License ("GPL") version 2 as published by the Free
- * Software Foundation.
- *
+ * This file is released under GPLv2
*/
+
#define ATH_PCI_VERSION "0.9.5.0-BSD"
#include <linux/version.h>
@@ -2530,5 +2514,5 @@ module_exit(exit_ath_pci);
MODULE_AUTHOR("Jiri Slaby");
MODULE_DESCRIPTION("Support for Atheros 802.11 wireless LAN cards.");
MODULE_SUPPORTED_DEVICE("Atheros WLAN cards");
-MODULE_LICENSE("Dual BSD/GPL");
+MODULE_LICENSE("GPL v2");
MODULE_VERSION(ATH_PCI_VERSION " (EXPERIMENTAL)");
diff --git a/drivers/net/wireless/ath5k_base.h b/drivers/net/wireless/ath5k_base.h
index 15560ad..aa07dfb 100644
--- a/drivers/net/wireless/ath5k_base.h
+++ b/drivers/net/wireless/ath5k_base.h
@@ -2,38 +2,7 @@
* Copyright (c) 2002-2007 Sam Leffler, Errno Consulting
* All rights reserved.
*
- * Redistribution and use in source and binary forms, with or without
- * modification, are permitted provided that the following conditions
- * are met:
- * 1. Redistributions of source code must retain the above copyright
- * notice, this list of conditions and the following disclaimer,
- * without modification.
- * 2. Redistributions in binary form must reproduce at minimum a disclaimer
- * similar to the "NO WARRANTY" disclaimer below ("Disclaimer") and any
- * redistribution must be conditioned upon including a substantially
- * similar Disclaimer requirement for further binary redistribution.
- * 3. Neither the names of the above-listed copyright holders nor the names
- * of any contributors may be used to endorse or promote products derived
- * from this software without specific prior written permission.
- *
- * Alternatively, this software may be distributed under the terms of the
- * GNU General Public License ("GPL") version 2 as published by the Free
- * Software Foundation.
- *
- * NO WARRANTY
- * THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
- * ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
- * LIMITED TO, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTIBILITY
- * AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
- * THE COPYRIGHT HOLDERS OR CONTRIBUTORS BE LIABLE FOR SPECIAL, EXEMPLARY,
- * OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
- * SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
- * INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
- * IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
- * ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF
- * THE POSSIBILITY OF SUCH DAMAGES.
- *
- * $FreeBSD: src/sys/dev/ath/if_athvar.h,v 1.20 2005/01/24 20:31:24 sam Exp $
+ * This file is released under GPLv2
*/
/*
diff --git a/drivers/net/wireless/ath5k_hw.c b/drivers/net/wireless/ath5k_hw.c
index a15aa21..3c44179 100644
--- a/drivers/net/wireless/ath5k_hw.c
+++ b/drivers/net/wireless/ath5k_hw.c
@@ -3,18 +3,7 @@
* Copyright (c) 2006-2007 Nick Kossifidis <[email protected]>
* Copyright (c) 2007 Jiri Slaby <[email protected]>
*
- * Permission to use, copy, modify, and distribute this software for any
- * purpose with or without fee is hereby granted, provided that the above
- * copyright notice and this permission notice appear in all copies.
- *
- * THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES
- * WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF
- * MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR
- * ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
- * WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
- * ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
- * OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
- *
+ * This file is released under GPLv2
*/
/*
diff --git a/drivers/net/wireless/ath5k_hw.h b/drivers/net/wireless/ath5k_hw.h
index 55ae849..3d24d48 100644
--- a/drivers/net/wireless/ath5k_hw.h
+++ b/drivers/net/wireless/ath5k_hw.h
@@ -2,17 +2,7 @@
* Copyright (c) 2004-2007 Reyk Floeter <[email protected]>
* Copyright (c) 2006-2007 Nick Kossifidis <[email protected]>
*
- * Permission to use, copy, modify, and distribute this software for any
- * purpose with or without fee is hereby granted, provided that the above
- * copyright notice and this permission notice appear in all copies.
- *
- * THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES
- * WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF
- * MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR
- * ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
- * WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
- * ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
- * OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
+ * This file is released under GPLv2
*/
#include <linux/delay.h>
diff --git a/drivers/net/wireless/ath5k_reg.h b/drivers/net/wireless/ath5k_reg.h
index c6142d2..870efa1 100644
--- a/drivers/net/wireless/ath5k_reg.h
+++ b/drivers/net/wireless/ath5k_reg.h
@@ -2,36 +2,7 @@
* Copyright (c) 2007 Nick Kossifidis <[email protected]>
* All rights reserved.
*
- * Redistribution and use in source and binary forms, with or without
- * modification, are permitted provided that the following conditions
- * are met:
- * 1. Redistributions of source code must retain the above copyright
- * notice, this list of conditions and the following disclaimer,
- * without modification.
- * 2. Redistributions in binary form must reproduce at minimum a disclaimer
- * similar to the "NO WARRANTY" disclaimer below ("Disclaimer") and any
- * redistribution must be conditioned upon including a substantially
- * similar Disclaimer requirement for further binary redistribution.
- * 3. Neither the names of the above-listed copyright holders nor the names
- * of any contributors may be used to endorse or promote products derived
- * from this software without specific prior written permission.
- *
- * Alternatively, this software may be distributed under the terms of the
- * GNU General Public License ("GPL") version 2 as published by the Free
- * Software Foundation.
- *
- * NO WARRANTY
- * THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
- * ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
- * LIMITED TO, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTIBILITY
- * AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
- * THE COPYRIGHT HOLDERS OR CONTRIBUTORS BE LIABLE FOR SPECIAL, EXEMPLARY,
- * OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
- * SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
- * INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
- * IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
- * ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF
- * THE POSSIBILITY OF SUCH DAMAGES.
+ * This file is released under GPLv2
*/
/*
diff --git a/drivers/net/wireless/ath5k_regdom.c b/drivers/net/wireless/ath5k_regdom.c
index c345da8..067c837 100644
--- a/drivers/net/wireless/ath5k_regdom.c
+++ b/drivers/net/wireless/ath5k_regdom.c
@@ -1,9 +1,7 @@
/*
* Copyright (c) 2004, 2005 Reyk Floeter <[email protected]>
*
- * Permission to use, copy, modify, and distribute this software for any
- * purpose with or without fee is hereby granted, provided that the above
- * copyright notice and this permission notice appear in all copies.
+ * This file is released under GPLv2
*/
/*
diff --git a/drivers/net/wireless/ath5k_regdom.h b/drivers/net/wireless/ath5k_regdom.h
index ebaeabe..d36bec6 100644
--- a/drivers/net/wireless/ath5k_regdom.h
+++ b/drivers/net/wireless/ath5k_regdom.h
@@ -1,9 +1,7 @@
/*
* Copyright (c) 2004, 2005 Reyk Floeter <[email protected]>
*
- * Permission to use, copy, modify, and distribute this software for any
- * purpose with or without fee is hereby granted, provided that the above
- * copyright notice and this permission notice appear in all copies.
+ * This file is released under GPLv2
*/
#ifndef _IEEE80211_REGDOMAIN_H_
On Tue, Aug 28, 2007 at 12:00:50PM -0400, Jiri Slaby wrote:
> ath5k, license is GPLv2
>
> The files are available only under GPLv2 since now.
Is this really a good idea? Most of the reverse-engineering was
done by the OpenBSD folks, and it would certainly be helpful to
work together with them on new hardware revisions, etc..
On 8/28/07, Christoph Hellwig <[email protected]> wrote:
> On Tue, Aug 28, 2007 at 12:00:50PM -0400, Jiri Slaby wrote:
> > ath5k, license is GPLv2
> >
> > The files are available only under GPLv2 since now.
>
> Is this really a good idea? Most of the reverse-engineering was
> done by the OpenBSD folks, and it would certainly be helpful to
> work together with them on new hardware revisions, etc..
Technically the best we can do is to leave the license as dual
licensed, but keep in that technically that means nothing and is just
for show, the GPL is what would apply as its derivative work and is
the most restrictive license. This applies to any other driver in the
kernel right now with a dual license tag.
Luis
On Tue, 2007-08-28 at 12:00 -0400, Jiri Slaby wrote:
> The files are available only under GPLv2 since now.
Since the BSD people are already getting upset about (for various
reasons among which seem to be a clear non-understanding) I'd suggest
changing it to:
+ * Parts of this file were originally licenced under the BSD licence:
+ *
> * Permission to use, copy, modify, and distribute this software for any
> * purpose with or without fee is hereby granted, provided that the above
> * copyright notice and this permission notice appear in all copies.
> *
> * THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES
> * WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF
> * MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR
> * ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
> * WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
> * ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
> * OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
+ *
+ * Further changes to this file since the moment this notice was extended
+ * are now distributed under the terms of the GPL version two as published
+ * by the Free Software Foundation <yaddaya>
johannes
On 8/29/07, Johannes Berg <[email protected]> wrote:
> On Tue, 2007-08-28 at 12:00 -0400, Jiri Slaby wrote:
>
> > The files are available only under GPLv2 since now.
>
> Since the BSD people are already getting upset about (for various
> reasons among which seem to be a clear non-understanding) I'd suggest
> changing it to:
yes, please. Can somebody do it, I'm away from my box.
> + * Parts of this file were originally licenced under the BSD licence:
> + *
> > * Permission to use, copy, modify, and distribute this software for any
> > * purpose with or without fee is hereby granted, provided that the above
> > * copyright notice and this permission notice appear in all copies.
> > *
> > * THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL
> WARRANTIES
> > * WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF
> > * MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR
> > * ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
> > * WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
> > * ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
> > * OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
> + *
> + * Further changes to this file since the moment this notice was extended
> + * are now distributed under the terms of the GPL version two as published
> + * by the Free Software Foundation <yaddaya>
>
> johannes
>
On Wed, 2007-08-29 at 08:35 -0200, Jiri Slaby wrote:
> On 8/29/07, Johannes Berg <[email protected]> wrote:
> > On Tue, 2007-08-28 at 12:00 -0400, Jiri Slaby wrote:
> >
> > > The files are available only under GPLv2 since now.
> >
> > Since the BSD people are already getting upset about (for various
> > reasons among which seem to be a clear non-understanding) I'd suggest
> > changing it to:
>
> yes, please. Can somebody do it, I'm away from my box.
>
> > + * Parts of this file were originally licenced under the BSD licence:
> > + *
> > > * Permission to use, copy, modify, and distribute this software for any
> > > * purpose with or without fee is hereby granted, provided that the above
> > > * copyright notice and this permission notice appear in all copies.
> > > *
> > > * THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL
> > WARRANTIES
> > > * WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF
> > > * MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR
> > > * ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
> > > * WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
> > > * ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
> > > * OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
> > + *
> > + * Further changes to this file since the moment this notice was extended
> > + * are now distributed under the terms of the GPL version two as published
> > + * by the Free Software Foundation <yaddaya>
> >
> > johannes
How about asking for changes to be dual-licenced too ?
Xav
On Tue, 28 Aug 2007 18:11:55 BST, Christoph Hellwig said:
> On Tue, Aug 28, 2007 at 12:00:50PM -0400, Jiri Slaby wrote:
> > ath5k, license is GPLv2
> >
> > The files are available only under GPLv2 since now.
>
> Is this really a good idea? Most of the reverse-engineering was
> done by the OpenBSD folks, and it would certainly be helpful to
> work together with them on new hardware revisions, etc..
The heck with "good idea" - it's unclear to me if Jiri is even *allowed*
to remove the BSD/other license. Jiri can release *his* code as GPLv2
only, but I suspect the files as a whole really should be dual BSD/GPLv2,
due to the numerous other stakeholders in those files.
On 8/29/07, [email protected] <[email protected]> wrote:
> The heck with "good idea" - it's unclear to me if Jiri is even *allowed*
> to remove the BSD/other license. Jiri can release *his* code as GPLv2
> only, but I suspect the files as a whole really should be dual BSD/GPLv2,
> due to the numerous other stakeholders in those files.
This mess has been occurring in the kernel for years. The DRM graphics
drivers are used in both BSD and Linux. It is quite easy to contribute
something to this code via LKML and think you are doing it under the
GPL. Doesn't a patch against the kernel have to be GPL? When these
patches get pulled back into BSD and distributed with it, did BSD get
infected with the GPL? AFAIK this has never been legally sorted out.
--
Jon Smirl
[email protected]
> > to remove the BSD/other license. Jiri can release *his* code as GPLv2
> > only, but I suspect the files as a whole really should be dual BSD/GPLv2,
> > due to the numerous other stakeholders in those files.
>
> This mess has been occurring in the kernel for years. The DRM graphics
> drivers are used in both BSD and Linux. It is quite easy to contribute
> something to this code via LKML and think you are doing it under the
> GPL. Doesn't a patch against the kernel have to be GPL? When these
> patches get pulled back into BSD and distributed with it, did BSD get
> infected with the GPL? AFAIK this has never been legally sorted out.
I'm not aware anyone has felt it needed "sorting out". Its not exactly
complicated.
BSD non advertising is compatible with GPL
The GPL says:
"when you distribute the same sections as part of a whole which
is a work based on the Program, the distribution of the whole
must be on the terms of this License, "
The BSD license doesn't conflict with that
The GPL (and copyright law also say)
"If identifiable sections of that work are not derived from the Program,
and can be reasonably considered independent and separate works in
themselves, then this License, and its terms, do not apply to ..."
All a bit irrelevant anyway as Ath5K code (not the .h file) say:
* Alternatively, this software may be distributed under the terms of the
* GNU General Public License ("GPL") version 2 as published by the Free
* Software Foundation.
So Jiri is choosing to distribute it under the GPL, and with his changes
GPL only.
So whats the problem ?
On 8/29/07, Alan Cox <[email protected]> wrote:
> > > to remove the BSD/other license. Jiri can release *his* code as GPLv2
> > > only, but I suspect the files as a whole really should be dual BSD/GPLv2,
> > > due to the numerous other stakeholders in those files.
> >
> > This mess has been occurring in the kernel for years. The DRM graphics
> > drivers are used in both BSD and Linux. It is quite easy to contribute
> > something to this code via LKML and think you are doing it under the
> > GPL. Doesn't a patch against the kernel have to be GPL? When these
> > patches get pulled back into BSD and distributed with it, did BSD get
> > infected with the GPL? AFAIK this has never been legally sorted out.
>
> I'm not aware anyone has felt it needed "sorting out". Its not exactly
> complicated.
>
> BSD non advertising is compatible with GPL
>
> The GPL says:
> "when you distribute the same sections as part of a whole which
> is a work based on the Program, the distribution of the whole
> must be on the terms of this License, "
>
> The BSD license doesn't conflict with that
>
> The GPL (and copyright law also say)
>
> "If identifiable sections of that work are not derived from the Program,
> and can be reasonably considered independent and separate works in
> themselves, then this License, and its terms, do not apply to ..."
>
> All a bit irrelevant anyway as Ath5K code (not the .h file) say:
>
> * Alternatively, this software may be distributed under the terms of the
> * GNU General Public License ("GPL") version 2 as published by the Free
> * Software Foundation.
>
> So Jiri is choosing to distribute it under the GPL, and with his changes
> GPL only.
>
> So whats the problem ?
BSD code can definitely be brought into a GPL project as you describe.
The problem is the other direction.
Aren't patches made against the kernel GPL'd if the author doesn't
explicitly grant them more liberal BSD license in addition?
The problem then comes in taking the patches that were only made
available against GPL code and reshipping them under the BSD license
without the author explicitly agreeing to this.
What if a patch spans both code that is pure GPL and code imported
from BSD, how do you license it?
--
Jon Smirl
[email protected]
> Aren't patches made against the kernel GPL'd if the author doesn't
> explicitly grant them more liberal BSD license in addition?
That would be the normal assumption.
> The problem then comes in taking the patches that were only made
> available against GPL code and reshipping them under the BSD license
> without the author explicitly agreeing to this.
>
> What if a patch spans both code that is pure GPL and code imported
> from BSD, how do you license it?
See the acpi codebase for a worked example.
Alan
On Wednesday 29 August 2007 21:33:43 Jon Smirl wrote:
> What if a patch spans both code that is pure GPL and code imported
> from BSD, how do you license it?
I think it's a valid assumption, if we say that the author
of the patch read the license header of a file and agreed with it.
So the patch is licensed to whatever the fileheader says. And if
there's none, it's licensed with the COPYING terms.
If a patch author likes some other license conditions, he must
explicitely add them with the patch to the file, saying that this
and that part have these and those conditions. Of course they must
be compatible with the original license.
--
Greetings Michael.
On 29-08-2007 21:37, Michael Buesch wrote:
> On Wednesday 29 August 2007 21:33:43 Jon Smirl wrote:
>> What if a patch spans both code that is pure GPL and code imported
>> from BSD, how do you license it?
>
> I think it's a valid assumption, if we say that the author
> of the patch read the license header of a file and agreed with it.
> So the patch is licensed to whatever the fileheader says. And if
> there's none, it's licensed with the COPYING terms.
> If a patch author likes some other license conditions, he must
> explicitely add them with the patch to the file, saying that this
> and that part have these and those conditions. Of course they must
> be compatible with the original license.
>
I didn't track this thread from the beginning, so maybe I repeat
somebody's ideas (probably like above), but IMHO: do we have to be
so selfish/pedantic? Can't we sometimes 'donate' a little bit to our
'older' bsd cousins or half-brothers? I think, it could be like this:
- if our changes are minor and authors of these changes don't mind
the file could stay BSD licensed only; plus we ask BSD to let it be
dual licensed (but no big hassle);
- otherwise, we should always distinctly mark all GPL parts.
Regards,
Jarek P.
PS: there is probably some mess with gmail addresses in this thread.
On Thu, Aug 30, 2007 at 10:26:52AM +0200, Jarek Poplawski wrote:
...
> PS: there is probably some mess with gmail addresses in this thread.
...or maybe it's OK... Sorry.
Jarek P.
On Wed, 2007-08-29 at 15:13 +0200, Xavier Bestel wrote:
> How about asking for changes to be dual-licenced too ?
In theory, that could work, but in practice relying on functions that
the Linux kernel offers in GPLv2-only headers etc. will make the result
GPLv2 anyway, and disentangling it would be a nightmare.
johannes
Is it actually necessary to change the license? With the dual-license,
you can keep a single code-base for both BSD and Linux platforms, which
seems terribly important to me. It'd be awful to lose that. It would
be a maintenance nightmare for BSD. Is it even possible--in real life,
I mean--to accept GPLed patches into a BSD project? Nightmare, I tell you!
On 30-08-2007 13:59, Johannes Berg wrote:
> On Wed, 2007-08-29 at 15:13 +0200, Xavier Bestel wrote:
>
>> How about asking for changes to be dual-licenced too ?
>
> In theory, that could work, but in practice relying on functions that
> the Linux kernel offers in GPLv2-only headers etc. will make the result
> GPLv2 anyway, and disentangling it would be a nightmare.
>
Why?
Very good point, but, in my opinion, it should be still resonable for
both sides: it simply means such changes are mostly unusable for the
other side, but nobody is going to waste time for marking all these
places, or care about suing if accidentally the changes, after some
adaptation, are usable for the other side. Unless you think or know
that "#include xyz" or "print_linux_way()" should add more than these
(maybe unusable) words or lines only?
Jarek P.