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Re: Linux kernel complete licence check, Q.12



On Wed, 2002-11-20 at 18:20, Jakob Bohm wrote:
> On Wed, Nov 20, 2002 at 01:04:22PM -0500, David Turner wrote:
> > On Mon, 2002-11-18 at 17:45, Jakob Bohm wrote:
> > > On Mon, Nov 18, 2002 at 12:54:27PM -0500, David Turner wrote:
> > > > On Mon, 2002-11-18 at 10:08, Henning Makholm wrote:
> > > > 
> > > > > > All portions of governed files not labeled otherwise are owned by Hans
> > > > > > Reiser, and by adding your code to it, widely distributing it to
> > > > > > others or sending us a patch, and leaving the sentence in stating that
> > > > > > licensing is governed by the statement in this file, you accept this.
> > > > > 
> > > > > Adding things to the files without due notice of the change is
> > > > > *forbidden* by the GPL. Essentially this notice seems to say that you
> > > > > get the *additional* right to do such additions if you transfer your
> > > > > copyright to Hans Reiser. Formally that amounts to a dual-licensing
> > > > > scheme which is fine by the DFSG as long as one of the alternatives
> > > > > (i.e. GPL) is free.
> > > > 
> > > > This is somewhat bogus.  Reiser demands a specific form for the change
> > > > notices required by GPL (2)(a) -- you have to remove a sentence.  And
> > > > this is certainly a requirement in addition to the GPL, which conflicts
> > > > with section (6).
> > > > 
> > > > Fortunately, this doesn't actually work in the US.  You can't transfer
> > > > copyright implicitly in the US -- you need signed paperwork (17 USC 204
> > > > (a)).
> > > > 
> > > 
> > > I respectfully thing you are reading the license all wrong here.
> Oops, I meant think not thing ;-)
> > > 
> > > IANAL, TINLA, IANADD, but here is my reading:
> Still applies,
> > > 
> > > The files are available under GPL, with no limitations.
> > 
> > That's where we disagree.  See below.
> >  
> > > ... Eliding myself
> > >
> > > So far this should not be a problem.
> > > 
> > > The Author claims, that if "You" modify a file without deleting
> > > the reference to the extended license and replacing it with pure
> > > GPL (or whatever), your changes become subject to the extended
> > > license which grants the Author the permission to make the code
> > > available under any license he chooses.
> > 
> > That's not quite correct.  He claims that he "owns" it.  The only
> > possible meaning of that is a transfer of copyright.  It turns out that
> > this doesn't actually work, but it's an attempt.
> > 
> > > This is slightly more controversial, but essentially it works
> > > the same way as LGPL->GPL conversion: If you modify an LGPL file
> > > without changing the LGPL statement, your are putting your code
> > > under LGPL (or it is not distributable).  However you can change
> > > the license from LGPL to pure GPL by simply changing the license
> > > statement.
> > 
> > Yes, but that's written into the license, while this is tacked on in a
> > random separate file.
> > 
> 
> I see it a little differently:
> 
> An LGPL library is subject to the LGPL which can be paraphrased
> as:
> 
>    "This license applies to files which begin with a conspicuous
>     notice saying so.  By distributing etc. this code you
>     agree to Xxxx and get the right to Yyyy.  If you want to, you
>     may also irreversibly change the license to the GPL for your
>     copy and copies subsequently made from that copy, you do
>     that by changing the notice so it points to GPL, not this
>     file".  (The LGPL is written in very formal terms by top
>     lawyers).
>     
> The reiserfs library is subject to the README license which can
> be paraphrased as:
> 
>    "This license applies to files which begin with a conspicuous
>     notice saying so.  By distributing this code you agree to
>     grant the original author all the rights he would have if he
>     held the copyright in it and gain the possibility that he
>     might pay you money in return.            If you want to, you    
>     may also irreversibly change the license to the GPL for your
>     copy and copies subsequently made from that copy, you do
>     that by changing the notice so it points to GPL, not this
>     file".  (The README is written in less formal terms and may
>     not have been grammar-checked by a lawyer).
> 
> In neither case is the code really under the GPL.  In both cases
> the license is explicitly GPL-compatible because it allows
> derived works (such as a compiled kernel binary or a forked
> version of glibc or reiserfs) to be placed under pure GPL.  In
> both cases distributing with the original notice intact grants
> additional rights to some recipients (with very different
> benefits in return).  In both cases exercising the GPL-only
> option for your changed copy implies a fork of the Program
> because the original author wants to keep his version under the
> original license.
> 
> Hope this makes my comparison clearer.

OK, I agree [1] that this is a GPL-compatible license.  

[1] speaking only for myself, not FSF.  

-- 
-Dave Turner                        Stalk Me: 617 441 0668
"Once a man has tasted freedom he will never be content to 
be a slave." - Walt Disney



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