Skip site navigation (1)Skip section navigation (2)
Date:      Thu, 25 May 2000 22:57:53 +0530
From:      Rahul Siddharthan <rsidd@physics.iisc.ernet.in>
To:        "Lawrence E. Rosen" <lrosen@rosenlaw.com>
Cc:        Russell Nelson <nelson@crynwr.com>, dewaz <dewaz@ran.es>, osi@opensource.org, freebsd-questions@FreeBSD.ORG
Subject:   Re: what about clauses?
Message-ID:  <20000525225753.D74623@physics.iisc.ernet.in>
In-Reply-To: <NBBBJCFHGLLKGPOEPHKBKENBCNAA.lrosen@rosenlaw.com>; from lrosen@rosenlaw.com on Thu, May 25, 2000 at 09:56:24AM -0700
References:  <14637.21827.71483.478077@desk.crynwr.com> <NBBBJCFHGLLKGPOEPHKBKENBCNAA.lrosen@rosenlaw.com>

next in thread | previous in thread | raw e-mail | index | archive | help
Lawrence E. Rosen said on May 25, 2000 at 09:56:24:
> The BSD license establishes a copyright in and to certain software and
> imposes conditions on its use and distribution.  It does not, however,
> require that those same conditions be imposed on portions of any derivative
> work of the original software that are distinct from the original
> copyrighted software.
> 
> For example, suppose I write a new program and distribute it under the BSD
> license.  My program is then included in a new release of Microsoft Windows.
> The BSD license does not say that Windows must now be distributed under the
> BSD license, only that my original program must still be distributed
> (redistributed) under the BSD license.

But suppose Microsoft borrows your code and uses it inside one of
their own programs (which is what I believe they do with BSD code),
rather than keep your program aside as a separate work.  What
license will apply to their program, ie how exactly will they satisfy
the conditions of the license below without making those clauses
apply to the entire program -- which includes both your code and
their code?

R.

> If the author of software distributed under an open source license wants to
> "pollute" derivative works with open source conditions, that requirement
> must be made explicit.
> 
> /Larry Rosen
> 
> >-----Original Message-----
> >From: Russell Nelson [mailto:nelson@crynwr.com]
> >Sent: Thursday, May 25, 2000 9:35 AM
> >To: dewaz
> >Cc: osi@opensource.org; freebsd-questions@FreeBSD.ORG
> >Subject: Re: what about clauses?
> >
> >
> >dewaz writes:
> > > Hi again!
> > > What I don't understand about changing BSD to propietary is how is that
> > > possible,I mean that if Peter gets the BSD licensed program from Tom
> > > ,and modifies and distributes it, Peter should do it according to the
> > > license that Tom joined the program(BSD)
> > > That license says that Peter can distribute a modified version if he
> > > includes in that distribution the copyright notice,those two clauses and
> > > the disclaimer.Right?
> >
> >Yup.
> >
> > > Thus the new Peter's program gets the second clause which  says that you
> > > can distribute the program with some conditions.Right?
> > > So,Why not Tom could distributes his modified program?
> > > Thanks again for your knowledge and patience.
> >
> >Good question.  Anybody else know the answer?  License reproduced
> >below.  I speculate that it keys off the distinction between "retain"
> >and "reproduce".
> >-russ
> >
> >Copyright 1994-1999 FreeBSD, Inc. 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.
> >
> >THIS SOFTWARE IS PROVIDED BY THE FREEBSD PROJECT ``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.
> >
> >--
> >-russ nelson <sig@russnelson.com>  http://russnelson.com
> >Crynwr sells support for free software  | PGPok | "Ask not what
> >your country
> >521 Pleasant Valley Rd. | +1 315 268 1925 voice | can force other people to
> >Potsdam, NY 13676-3213  | +1 315 268 9201 FAX   | do for you..."  -Perry M.
> >
> 
> 
> 
> To Unsubscribe: send mail to majordomo@FreeBSD.org
> with "unsubscribe freebsd-questions" in the body of the message


To Unsubscribe: send mail to majordomo@FreeBSD.org
with "unsubscribe freebsd-questions" in the body of the message




Want to link to this message? Use this URL: <https://mail-archive.FreeBSD.org/cgi/mid.cgi?20000525225753.D74623>