Return-path: Received: from mailout.stusta.mhn.de ([141.84.69.5]:40905 "EHLO mailhub.stusta.mhn.de" rhost-flags-OK-OK-OK-FAIL) by vger.kernel.org with ESMTP id S965491AbXIBNMZ (ORCPT ); Sun, 2 Sep 2007 09:12:25 -0400 Date: Sun, 2 Sep 2007 15:12:26 +0200 From: Adrian Bunk To: Igor Sobrado Cc: Alan Cox , "Constantine A. Murenin" , Jeff Garzik , linux-kernel@vger.kernel.org, linux-wireless@vger.kernel.org, netdev@vger.kernel.org, Jiri Slaby Subject: Re: Fwd: That whole "Linux stealing our code" thing Message-ID: <20070902131226.GN16016@stusta.de> References: <46D99FB7.6030505@garzik.org> <20070901205457.GK9260@stusta.de> <20070902113638.78fbd202@the-village.bc.nu> <20070902115041.GM16016@stusta.de> <20070902134612.28a88761@the-village.bc.nu> MIME-Version: 1.0 Content-Type: text/plain; charset=utf-8 In-Reply-To: Sender: linux-wireless-owner@vger.kernel.org List-ID: On Sun, Sep 02, 2007 at 03:00:46PM +0200, Igor Sobrado wrote: > On Sun, 2 Sep 2007, Alan Cox wrote: > >>> So, a multi-licensed file remains multi-licensed except when all authors >>> agree about a change in the licensing terms. And it is clear on the BSD >> >> Not strictly true. They can either agree to a change and issue one or >> they can convey to other parties the right to change the terms. The GPL >> for example does this for version selection. > > So, under a dual-licensed BSD/GPL code the latter license allows a > developer to remove the GPL license itself and release a single-licensed > BSD code if other parties want to do it? Exactly. >> A multi-licensed work (note work not file - don't assume a file is a >> boundary of a work) which conveys the choice of licence (as some bits of >> ath5k did) allows a receiving party to choose the licence it wishes. >> Failing that OpenBSD would have turned itself GPL by adding that file as >> according to your argument "it must be distributed under *all* these >> licensing terms concurrently". > > I would assume a file as a boundary of a work in the case that file is > under different licensing terms to the rest of the software package. On a > lot of software packages different modules are covered under different > licensing terms. > > We can choose what license terms we will honor; however, we do not have the > ability to remove the licensing terms we do not like. We have the ability if the author explicitely allowed it. This is the licencing text we are talking about: /*- * Copyright (c) 2002-2004 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. */ The author himself offered two _alternatives_ for distributing his code. > Igor. cu Adrian -- "Is there not promise of rain?" Ling Tan asked suddenly out of the darkness. There had been need of rain for many days. "Only a promise," Lao Er said. Pearl S. Buck - Dragon Seed