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Re: Question about the old BSD license and GPL (gtkipmsg)



On Fri, Jun 15, 2001 at 04:10:24PM +0900, Junichi Uekawa wrote:
> I see that at www.gnu.org, the old BSD license is not compatible with 
> GPL, but I cannot understand why.

The old BSD license has this clause:

"* 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."

The GPL has this clause:

" 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."

The other 3 clauses of the original BSD license impose no restrictions on
the licensee that the GPL does not already.  However, the old clause 3
*does*.  The GPL makes no mention of requiring people to put boilerplate
messages in their advertising materials, therefore this is a "further
restriction on the recipients' exercise of the rights granted herein."
This is because a project containing code under both licenses would impose
both sets of license restrictions on people.  The GPL, however, is not
miscible with license that impose any more restrictions than it does
itself.

Thus, the old BSD license is not compatible with the GPL.

Note that all code with the old BSD license and copyrighted by the Regents
of the University of California, has been categorically relicensed with the
old clause 3 removed.  See
<ftp://ftp.cs.berkeley.edu/pub/4bsd/README.Impt.License.Change>.

-- 
G. Branden Robinson             |           Measure with micrometer,
Debian GNU/Linux                |           mark with chalk,
branden@debian.org              |           cut with axe,
http://www.debian.org/~branden/ |           hope like hell.

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