Re: Copyright question: GPL patches for non-GPL packages

[astala@tnso13.tele.nokia.fi (Arto Astala)]

David:> 
> On Thu, Jan 22 1998 13:18 +0100 Andreas Jellinghaus writes:
> > if you want to mix gpl'ed software with other software, that other
> > software's licence may not conflict with the gpl.
> > 
> > for example, you can mix software with bsd style licencens (or x window
> > licence) with GPL'ed software, becuase these two licences do not
> > conflict. the mix will be under GPL'ed.
> [...]
> > example: this is allowed
> > bsd + gpl
> [...]
> I recall reading once ago, that the standard BSD license is incompatible
> with the GPL because of point 4.:
> 
> 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.
> 
> which is an additional restriction, which is not allowed under the GPL:

please note that GPL does not think it as an additional restriction:

>  6. Each time you redistribute the Program (or any work based on the
                ^^^
> Program), the recipient automatically receives a license from the
> original licensor to copy, distribute or modify the Program subject to
  ^^^^^^^^
> these terms and conditions.  You may not impose any further
                               ^^^
> restrictions on the recipients' exercise of the rights granted herein.
> You are not responsible for enforcing compliance by third parties to
> this License.

and in GPL preamble:
   For example, if you distribute copies of such a program, whether
 gratis or for a fee, you must give the recipients all the rights that
 you have.  You must make sure that they, too, receive or can get the
 source code.  And you must show them these terms so they know their
 rights.
so if *you* did not have this right, *you* do not impose additional
restrictions.

Also, GPL is about right to have source and right to modify and
right to distribute, it does not speak about right to advertise
(wheather using names of others or not).

> So people who wanted to have both licenses applicable on their code,
> cancelled the fourth paragraph of the original BSD license...

I would donsider this an express violation of both GPL and BSD license.

t.aa




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