From owner-freebsd-questions@FreeBSD.ORG Sun Mar 31 14:29:33 2013 Return-Path: Delivered-To: freebsd-questions@FreeBSD.org Received: from mx1.freebsd.org (mx1.freebsd.org [IPv6:2001:1900:2254:206a::19:1]) by hub.freebsd.org (Postfix) with ESMTP id 133C1250 for ; Sun, 31 Mar 2013 14:29:33 +0000 (UTC) (envelope-from Devin.Teske@fisglobal.com) Received: from mx1.fisglobal.com (mx1.fisglobal.com [199.200.24.190]) by mx1.freebsd.org (Postfix) with ESMTP id D7943ED4 for ; Sun, 31 Mar 2013 14:29:31 +0000 (UTC) Received: from smtp.fisglobal.com ([10.132.206.17]) by ltcfislmsgpa06.fnfis.com (8.14.5/8.14.5) with ESMTP id r2VETRjf011466 (version=TLSv1/SSLv3 cipher=AES128-SHA bits=128 verify=NOT); Sun, 31 Mar 2013 09:29:27 -0500 Received: from LTCFISWMSGMB21.FNFIS.com ([10.132.99.23]) by LTCFISWMSGHT06.FNFIS.com ([10.132.206.17]) with mapi id 14.02.0309.002; Sun, 31 Mar 2013 09:29:27 -0500 From: "Teske, Devin" To: Joe Subject: Re: use of the kernel and licensing Thread-Topic: use of the kernel and licensing Thread-Index: AQHOLUmnvQSc11hxck+VwZjf98GgzJi/QgOAgADhkYCAAAyLgA== Date: Sun, 31 Mar 2013 14:29:26 +0000 Message-ID: <13CA24D6AB415D428143D44749F57D7201EEC4FB@ltcfiswmsgmb21> References: <20130331001209.GA69583@neutralgood.org> <51583C91.5060000@a1poweruser.com> In-Reply-To: <51583C91.5060000@a1poweruser.com> Accept-Language: en-US Content-Language: en-US X-MS-Has-Attach: X-MS-TNEF-Correlator: x-originating-ip: [10.132.253.121] Content-Type: text/plain; charset="us-ascii" Content-ID: <7D7CAB9E50B83543B7D23A87778B604F@fisglobal.com> Content-Transfer-Encoding: quoted-printable MIME-Version: 1.0 X-Proofpoint-Virus-Version: vendor=fsecure engine=2.50.10432:5.10.8626, 1.0.431, 0.0.0000 definitions=2013-03-31_03:2013-03-29,2013-03-31,1970-01-01 signatures=0 Cc: "" , "" X-BeenThere: freebsd-questions@freebsd.org X-Mailman-Version: 2.1.14 Precedence: list List-Id: User questions List-Unsubscribe: , List-Archive: List-Post: List-Help: List-Subscribe: , X-List-Received-Date: Sun, 31 Mar 2013 14:29:33 -0000 On Mar 31, 2013, at 6:39 AM, Joe wrote: > kpneal@pobox.com wrote: >> On Sat, Mar 30, 2013 at 09:22:22AM -0400, Maikoda Sutter wrote: >>> If I use the kernel as a basis for my own system and modify the kernel >>> should I still maintain the licensing of the kernel bits, or could rele= ase >>> it under it's own license? >>>=20 >>> For example: I would like to rewrite the headers to be 100% POSIX compl= iant >>> and I do like the BSD license, however I was planning on releasing my w= hole >>> system under the Unlicense, I understand that certain headers and code = that >>> I do not modify has to be released under the BSD license as that is the >>> original license of the code, however for headers or code that I modify= can >>> I release it under the Unlicense (http://unlicense.org/)? >>>=20 >>> I do plan on giving credit where it is due and such to the wonderful >>> developers of FreeBSD and those that wrote the original code because >>> without you I would not be able to produce so rapidly that which I am >>> looking to produce I just would like clarification on the extent that I >>> would have to license things via the BSD license. >> You cannot yourself change the license on code you do not hold the copyr= ight >> on. Period. >> If you make changes and redistribute them then add your copyright notice >> with license to the files. Do not remove the existing copyright notice(s) >> and license(s). >> You hold the copyright for stuff you wrote, but the original copyright >> stays for the parts that did not come from you. "Parts" means any fracti= on >> of a file from the whole file down to small amounts. You are allowed to >> add restrictions (unless the existing license says you can't), but you a= re >> not allowed to loosen the existing restrictions (unless the existing lic= ense >> says you can). Also, it follows from the copyright that your license only >> applies to the parts copyrighted by you. The existing licenses are simi= lar >> in that they apply only to their parts of the file. All licenses must be >> followed when the file is treated (copied, used, etc) as a whole. >> Make sure your license isn't incompatible with the license that applies >> to other parts of the same file. If that happens then how it will turn o= ut >> in court is anyone's guess. The file may not be usable by the public, or >> the incompatible license terms added by you may be struck down, or a jud= ge >> could cook up something else. It can't be predicted in advance so just >> don't even go there. >> "Giving credit where it is due" is an important social convention, and I= 'm >> glad to see that you aren't planning on doing anything unethical like >> breaking it. But copyright comes from the law and thus must be obeyed ev= en >> if you wanted to break purely social conventions. >> Read up on copyright, and when you do pay close attention to the reliabi= lity >> of the source. The issue has become very political in the past 15 years >> or so. Don't be badly advised by someone who has their own agenda. Most >> people, to varying degrees, have their own agenda. >> Finally, if money is at stake (directly or indirectly) I strongly advise >> talking to a copyright lawyer in particular. That's just general advice. >> Taking advice from random people online is not a good idea if any money >> is involved, but I'd give the same advice to my best friend. The general >> rule applies here as it does elsewhere: "You get what you pay for." >=20 > Does one have to file legal paper work with the government to be issued a= copyright on software? >=20 No, copyrights are more like artists signing their work -- in a standardize= d way -- but every bit as legally binding. They are "first come" priority in the court of law and if-ever disputed, of= ten require correlative evidentiary proof to show true ownership (a notariz= ed copy of the work mailed to yourself kept in an unopened envelope perhaps= ). > Does any software not having a copyright statement or any license comment= s included in the source mean that it's public domain? >=20 Be careful here. The answer to your question is NO. If a work lacks a license in the source, it may be on the website. If you c= an't find a license, you must always contact the author(s) before forking s= omething. If you can neither find the license nor the contact info, it's al= ways best to assume it is not for reuse. Even the, if you used code that wa= s from an unknown origin with no license and no author, you should indicate= as such in the header of such source files. Essentially what it boils down to, is that in the court of law (if someone = indicts or brings a civil suit) you may have to account for the origin of e= very line -- so that's why: 1. If a file has an inline license (beerware, gpl, bsd, apple, or even one = you make up all your own), it must stay there to mark the origins 2. If a file is lacking an inline license, it is often because the license = is too long or unwieldy to embed and it is in a COPYING file distributed wi= th the source code OR in a terms of agreement on the website (in which case= you should download it and place it into a COPYING file). In either case, = you must package up the same COPYING file or EULA (if allowed; the file/agr= eement must be read to know if the fork is even permitted). 3. For source files which do not have an inline license and you cannot find= a separate license, add a note to the top saying how you acquired the sour= ce (feel free to put this in a separate file but it must appear somewhere o= r be readily available upon simple request to anybody and everybody). Then,= if you make modifications to the source (of unknown origin), you then slap= on your own license for your modifications. And as the last reply mentioned, if money is involved -- ask a cooyright la= wyer (the same people in the profession of defending works in the court of = law if issues arise). --=20 Devin _____________ The information contained in this message is proprietary and/or confidentia= l. If you are not the intended recipient, please: (i) delete the message an= d all copies; (ii) do not disclose, distribute or use the message in any ma= nner; and (iii) notify the sender immediately. In addition, please be aware= that any message addressed to our domain is subject to archiving and revie= w by persons other than the intended recipient. Thank you.