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Unfortunate Licence Mix



Hi,

I was just about to package "psybnc"[1], a popular irc bouncer. 

A closer look into the src/ dir revealed that the author seems to have
followed the Free Software spirit by not re-inventing a lot of wheels,
but didn't pay close attention to legal stuff...

His own works are GPLed, and have correct copyright notes. But there are
two files that worry me:

snprintf.c:

> /*
>  * changed slightly for the use in psyBNC 2.2.1 by psychoid
>  * changed a little bit more for 2.2.2. We always use this
>  * in psybnc now, but without any support of %n or %p. Hope
>  * you love the fact no format bugs can be exploited, even if you
>  * are able to bypass the formatstring-filter which is
>  * built into psybnc since version 1.1 :)
>  */
> /* ====================================================================
>  * Copyright (c) 1995-1999 The Apache Group.  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.
>  *
>  * 2. Redistributions in binary form must reproduce the above copyright
>  *    notice, this list of conditions and the following disclaimer in
>  *    the documentation and/or other materials provided with the
>  *    distribution.
>  *
>  * 3. All advertising materials mentioning features or use of this
>  *    software must display the following acknowledgment:
>  *    "This product includes software developed by the Apache Group
>  *    for use in the Apache HTTP server project (http://www.apache.org/)."

>  *
>  * 4. The names "Apache Server" and "Apache Group" must not be used to
>  *    endorse or promote products derived from this software without
>  *    prior written permission. For written permission, please contact
>  *    apache@apache.org.
>  *
>  * 5. Products derived from this software may not be called "Apache"
>  *    nor may "Apache" appear in their names without prior written
>  *    permission of the Apache Group.
>  *
>  * 6. Redistributions of any form whatsoever must retain the following
>  *    acknowledgment:
>  *    "This product includes software developed by the Apache Group
>  *    for use in the Apache HTTP server project (http://www.apache.org/)."
>  *
>  * THIS SOFTWARE IS PROVIDED BY THE APACHE GROUP ``AS IS'' AND ANY
>  * EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
>  * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
>  * PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE APACHE GROUP OR
>  * ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
>  * 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 DAMAGE.
>  * ====================================================================

>  *
>  * This software consists of voluntary contributions made by many
>  * individuals on behalf of the Apache Group and was originally based
>  * on public domain software written at the National Center for
>  * Supercomputing Applications, University of Illinois, Urbana-Champaign.
>  * For more information on the Apache Group and the Apache HTTP server
>  * project, please see <http://www.apache.org/>.
>  *
>  * This code is based on, and used with the permission of, the
>  * SIO stdio-replacement strx_* functions by Panos Tsirigotis
>  * <panos@alumni.cs.colorado.edu> for xinetd.
>  */

(sorry for posting the whole thing, but with legal stuff, I better not
cut away stuff that might be important).

And the second file, bsd-setenv.c:

> /*
>  * Copyright (c) 1987 Regents of the University of California.
>  * 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.
>  * 2. Redistributions in binary form must reproduce the above copyright
>  *    notice, this list of conditions and the following disclaimer in the
>  *    documentation and/or other materials provided with the distribution.
>  * 3. All advertising materials mentioning features or use of this software
>  *    must display the following acknowledgement:
>  *      This product includes software developed by the University of
>  *      California, Berkeley and its contributors.
>  * 4. Neither the name of the University nor the names of its contributors
>  *    may be used to endorse or promote products derived from this software
>  *    without specific prior written permission.
>  *
>  * THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ``AS IS'' AND
>  * ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
>  * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
>  * ARE DISCLAIMED.  IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE
>  * FOR ANY DIRECT, INDIRECT, INCIDENTAL, 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 DAMAGE.
>  */

If I payed attention, both of these contain the "bad" advertising clause
that make them incompatible with the GPL, and thus the psybnc
distribution impossible. Is that right?

Is it also right that finding re-licenced versions of bsd-setenv.c
(without the Advertising Clause) would solve the problem for this file?
Or can I just re-licence the file myself, since BSD officially changed
the licence for all their works (or something)?

Thx for your help, 

nomeata

[1] http://irc.psychoid.net/
-- 
Joachim "nomeata" Breitner
Debian Developer
  nomeata@debian.org | ICQ# 74513189 | GPG-Keyid: 4743206C
  JID: joachimbreitner@amessage.de | http://people.debian.org/~nomeata

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