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Date:      07 Apr 2002 19:11:36 -0700
From:      swear@blarg.net (Gary W. Swearingen)
To:        Rahul Siddharthan <rsidd@online.fr>
Cc:        Terry Lambert <tlambert2@mindspring.com>, Ian Pulsford <ianjp@optusnet.com.au>, freebsd-chat@FreeBSD.ORG
Subject:   Re: Abuses of the BSD license?
Message-ID:  <in4rin0wiv.rin@localhost.localdomain>
In-Reply-To: <20020406191209.GA3203@lpt.ens.fr>
References:  <200204051922.06556@silver.dt1.binity.net> <3CAE7037.801FB15F@optusnet.com.au> <3CAEA028.186ED53E@optusnet.com.au> <20020406105111.A90057@lpt.ens.fr> <3CAEDDD2.2ADA819F@mindspring.com> <20020406114505.GA2576@lpt.ens.fr> <3CAEE4A1.315CF53@mindspring.com> <20020406191209.GA3203@lpt.ens.fr>

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Rahul Siddharthan <rsidd@online.fr> writes:

> OK, I think the point is this.  You got the BSD code under the BSD
> licence, which is the file /COPYRIGHT in FreeBSD.
> 
> The sentence 
>   1. Redistributions of source code must retain the above copyright
>      notice, this list of conditions and the following disclaimer.
> must be interpreted to mean the entire file, up to and including the
> disclaimer in capital letters, should be included in redistribution,
> either as part of the source files or as part of the documentation.
> Effectively, you must ship the BSD licence with your project.  
> If that statement is wrong, I'd like to know exactly why.

The license doesn't say "the entire file, up to and including the
discalaimer", as you observed.  There's no good reason to interprete it
strangely; in fact the fact that there is an itemized list of what must
be restributed is a good reason to interprete it as excluding
something(s).  So it seem clear to me that one doesn't have to ship
and exact copy of the BSD license text with one's project.  (One might
as well, though; keep reading.)

But parts or all of the the code that you ship with your project might
still be covered by other's copyrights and BSD license, regardless of
whether you include copies of the license or the copyright notices.
People are not allowed to publish copies or derivatives of others' code
without their license to do so -- period.  When you derive from others'
copyrighted code you share ownership of rights in the derivative, with
attendent complications of shared ownership.

The big difference between the BSDL and the GPL and LGPL is that the
BSDL allows you to distribute binaries (in which ownership is shared)
without being required to distribute YOUR source under somebody else's
license.  There are less important differences regarding modified
source code, etc.

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