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Date:      Mon, 19 Oct 2020 19:54:58 -0600
From:      Warner Losh <imp@bsdimp.com>
To:        Rick Macklem <rmacklem@uoguelph.ca>
Cc:        "freebsd-current@FreeBSD.org" <freebsd-current@freebsd.org>
Subject:   Re: copyright notice question
Message-ID:  <CANCZdfp52eDdH1cb1n_bfuv6AV1X-qaHJD5sAGk=thPOXnXhxw@mail.gmail.com>
In-Reply-To: <YTBPR01MB3966BB2E3C721CE890DD614DDD1F0@YTBPR01MB3966.CANPRD01.PROD.OUTLOOK.COM>
References:  <YTBPR01MB3966BB2E3C721CE890DD614DDD1F0@YTBPR01MB3966.CANPRD01.PROD.OUTLOOK.COM>

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On Mon, Oct 19, 2020, 7:25 PM Rick Macklem <rmacklem@uoguelph.ca> wrote:

> I'll admit I've hesitated to ask this for a long time, but I guess I have
> to;-)
> I've created two daemons for NFS-over-TLS, using the code in
> /usr/src/usr.sbin/gssd/gssd.c as a starting point.
> --> As such, I left the copyright notice from this file on the two files.
>       (As you can see, it is a 2 clause FreeBSD one, so the terms aren't
>        an issue.)
>
> What I am wondering is if I should be adding my name to it as an
> additional author or something like that?
> (I don't care, but it does seem a little weird that the copyright is held
>  by Isilon Inc, since I have no connection to them.)
>

Likely. If you changed a substantial amount, then yes. The rule of thumb is
>50% is no brainer yes. Smaller percentages require more nuanced judgement
as to whether the changes are substantial enough to create a new work.
Chances are quite good you fall into one of those categories. Also, if you
have replaced more than ~90% chances are good no original work remains.
Again, a judgement call. There are more technical legal guidelines, but
that would require a lawyer.

My hunch is that unless this is something far more trivial than I then I'd
add the notice, but retaining the old.

Warnet


Here's what it currently says:
> /*-
>  * SPDX-License-Identifier: BSD-2-Clause-FreeBSD
>  *
>  * Copyright (c) 2008 Isilon Inc http://www.isilon.com/
>  * Authors: Doug Rabson <dfr@rabson.org>
>  * Developed with Red Inc: Alfred Perlstein <alfred@freebsd.org>
>  *
>  * 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 AUTHOR 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 AUTHOR 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.
>  */
>
> Thanks for any comments, rick
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