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Date:      07 Apr 2002 22:36:30 -0700
From:      swear@blarg.net (Gary W. Swearingen)
To:        Terry Lambert <tlambert2@mindspring.com>
Cc:        "Gary W. Swearingen" <swear@blarg.net>, Ian Pulsford <ianjp@optusnet.com.au>, freebsd-chat@FreeBSD.ORG
Subject:   Re: Abuses of the BSD license?
Message-ID:  <rik7rizr8h.7ri@localhost.localdomain>
In-Reply-To: <3CB1187C.3FA3D416@mindspring.com>
References:  <200204051922.06556@silver.dt1.binity.net> <3CAE7037.801FB15F@optusnet.com.au> <3CAEA028.186ED53E@optusnet.com.au> <3CAED90B.F4B7905@mindspring.com> <3CAEFFAA.91525BB3@optusnet.com.au> <3CAF74A9.135485DA@mindspring.com> <3CAFA609.32DD89E4@optusnet.com.au> <3CB01C27.CA0B2600@mindspring.com> <fyy9fyzy38.9fy@localhost.localdomain> <3CB1187C.3FA3D416@mindspring.com>

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Terry Lambert <tlambert2@mindspring.com> writes:

> "Gary W. Swearingen" wrote:
> > Also, I think that a sublicense is not necessary since the whole world
> > has already been licensed to use the code of interest.  A license is
> > only needed for the new part of the derivative.  (17USC103: "The
> > copyright in a compilation or derivative work extends only to the
> > material contributed by the author of such work, ...".)
> 
> The sublicense is required, since it is the only license on the
> derivative works, unless the original license tries to propagate
> to new code(the legality of which has yet to be tested by a
> court).

Read my above quote of 17USC103 again and consider the example of the
UCB license which includes: "Redistribution and use in source and binary
forms, with or without modification, are permitted[...]".  There's your
license from that guy on his copyrights in the derivative work.  Add
your license from the deriver on the deriver's work in the derivative
and no other license on the derivative is required.  No propagation or
court test is needed, because of the language of the UCBL and the fact
that it is a license to everyone, not just the deriver.  Similarly for
the BSDL.

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