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License conflict for VM screensaver (kdeartwork)



Hello,

I'd like to get a debian-legal opinion on a potential issue with the 
kdeartwork package. debian-legal was CCed 
(http://lists.debian.org/debian-legal/2004/10/msg00235.html) on an earlier 
discussion of the problem problem by Ben Burton, but didn't receive much 
feedback from this list. Thus I'm raising the issue again.

Ben Burton summarized the problem as follows:

---
The problem here is a potential conflict between GPL and 
BSD-with-advertising-clause; see 
http://lists.kde.org/?l=kde-core-devel&m=109779477208076&w=2 for my 
original post. The question now is whether the advertising clause can be 
assumed to be rescinded.

The UC Regents rescinded the advertising clause in 1999, but the vm_random.c 
used in kdeartwork appears to have been taken and modified from BSD before 
then.

Certainly the change in 1999 applies to BSD software distributed since then, 
as evidenced by the fact that they removed the advertising clause from the 
corresponding source files. But it's not obvious to me that the change 
applies to software distributed beforehand (such as random.c from which 
vm_random.c was modified, in kdeartwork). There's also the trouble that the 
license they are modifying in your link is similar to but not the same as 
the license on vm_random.c (presumably because vm_random.c was from a much 
older BSD).

And aside from this, there's the problem that vm_random.c was modified since 
it was taken from BSD, and the modifications are presumably also under the 
BSD-with-advertising-clause (since that's what vm_random's copyright notice 
says). In this case, my understanding is that UC Berkeley cannot change the 
licensing for someone else's modifications.
---

KDE recently added this blurb to vm_random.c:

> Please note that as of July 22, 1999, the licensees and distributors are
> no longer required to include the above mentioned acknowledgment within
> advertising materials. For full details see
> ftp://ftp.cs.berkeley.edu/pub/4bsd/README.Impt.License.Change   

But it isn't clear to me that this really resolves the issue. Full text is 
at:
http://webcvs.kde.org/kdeartwork/kscreensaver/kdesavers/vm_random.c?rev=1.2&view=markup

[Please CC me on all replies]

Thanks,
Christopher Martin

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