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Date:      Wed, 28 Apr 1999 23:19:26 -0600
From:      Wes Peters <wes@softweyr.com>
To:        FreeBSD Advocacy <freebsd-advocacy@FreeBSD.ORG>
Subject:   Fwd: Your article "Linux May Be Running on Some Spindly Legal Legs"
Message-ID:  <3727EBDE.78AC24BA@softweyr.com>

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How's this for a response?

Wes Peters wrote:
> 
> Mr. Berman,
> 
> I have just read your referenced article.  Please allow me to thank
> and congratulate you for presenting the current shaky legal status
> of the GPL in clear, concise light.  This license has been discussed
> often in the popular computing trade press, but never before have
> I seen such a lucid legal examination of it.
> 
> I personally avoid the GPL for my own public coding efforts due
> to the obnoxious clauses constraining future users and developers
> of code.  If software is truly to be free, it must be free of the
> encumberances of the GPL.
> 
> Perhaps in a future article you could point out the differences
> between the GPL and the so-called "Berkeley license," used in the
> code created at the University of California at Berkeley.  As you
> are certainly aware, much of the software that runs the Internet
> today was created at UC Berkeley, and is distributed under the
> following license terms:
> 
> /*-
>  * Copyright (c) 1991 The 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.
>  */
> 
> (This license was taken directly from one of the system source code files
> in my FreeBSD system, where I read your article and composed this message.)
> 
> A careful reading of this license will reveal that commercial use
> is allowed.  In fact, commercial use of this not only allowed, it
> is encouraged.  Portions of the BSD TCP/IP code are found in nearly
> every commercial operating system that supports networking, including
> the WinSock variant found on Microsoft systems, the VxWorks embedded
> operating system found on Mars Pathfinder, and even in Linux.
> Commercial versions of UNIX, including SunOS and Ultrix have been
> based on the entire BSD operating system.
> 
> These days, freely available variants of BSD UNIX in the form of FreeBSD,
> NetBSD, and OpenBSD provide quality, reliable alternative to Windows,
> commercial UNIX variants, and Linux.  FreeBSD is so stable and reliable,
> it is used to power web servers Yahoo! and Hotmail, the ftp server at
> Walnut Creek CD-ROM, the Internet Movie Database, and the rendering farm
> that created the special effects for the movie "The Matrix."
> 
> Given the reputation and reliability of the BSD code base and the free
> licensing terms of the Berkeley license, it may well be that FreeBSD,
> not Linux, is truly the operating system of the future.  I think
> corporate America will find it much more comfortable territory, since
> they have already made a home there for nearly 20 years.
> 
> For more information, see:
> 
>         http://www.daemonnews.org/      E-zine about "All things BSD..."
>         http://www.freebsd.org/         FreeBSD Project home page
>         http://www.netbsd.org/          NetBSD Project home page
>         http://www.openbsd.org/         OpenBSD Project home page


-- 
       "Where am I, and what am I doing in this handbasket?"

Wes Peters                                                 Softweyr LLC
http://www.softweyr.com/~softweyr                      wes@softweyr.com


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