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Date:      Wed, 14 Nov 2012 16:09:32 -0700 (MST)
From:      Dale Scott <dalescott@shaw.ca>
To:        jb <jb.1234abcd@gmail.com>
Cc:        freebsd-questions@freebsd.org
Subject:   Re: OT: problems with gpl-licensed software
Message-ID:  <834869718.12231411.1352934572362.JavaMail.root@cds005.dcs.int.inet>
In-Reply-To: <loom.20121114T132112-315@post.gmane.org>

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> Thinking about extending or dual-licensing a gpl-licensed software ?
> https://lkml.org/lkml/2012/11/7/338

Interesting thread, but if you are implying that dual-licensing GPL software is in general dangerous, then I would respectfully disagree. The real issue in the linked thread seems to be over whether or not the authors of the file system code have total copyright ownership of their code.

IANAL, but my understanding from researching the GPL is that if a piece of software functions as an integrated part of some other software that is licensed under the GPL, then the software in question *can* be considered to be a derived work of the other software - and under the terms of the GPL must also be licensed by the GPL (even if the author has copyright ownership and distributes their software separately, which are the most common reasons I've seen given for why the GPL should not apply).

However, regardless of whether or not the software "must" be licensed by the GPL, the copyright holder holder has the right to provide the software under whatever license they want, which could be in addition to the GPL. If the purpose of dual-licensing is to allow the creation of a proprietary product that the GPL does not extend to, then copyright ownership should be sufficient. The typical difficulty an open source project has is demonstrating copyright ownership over every line of their code - which typically requires a CAA (Copyright Assignment Agreement) executed individually with each contributor unless the code is a work for hire (i.e. is entirely developed by a company's employees).

Other reading that may be interesting:

http://www.softwarefreedom.org/resources/2008/foss-primer.pdf
http://www.gnu.org/licenses/gpl-faq.html#GPLAndPlugins


----- Original Message -----
From: "jb" <jb.1234abcd@gmail.com>
To: freebsd-questions@freebsd.org
Sent: Wednesday, November 14, 2012 5:24:26 AM
Subject: OT: problems with gpl-licensed software

Thinking about extending or dual-licensing a gpl-licensed software ?
https://lkml.org/lkml/2012/11/7/338

jb


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