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Date:      Thu, 27 Jul 2000 11:10:17 -0700
From:      "Frank Warren" <clovis@home.com>
To:        "Jason C. Wells" <jcwells@nwlink.com>, "Postmaster" <webmaster@radikal.net>
Cc:        <freebsd-questions@FreeBSD.ORG>
Subject:   Re: Copyright and payment
Message-ID:  <046f01bff7f5$eb8ae5e0$63770118@lvrmr1.sfba.home.com>
References:  <Pine.SOL.3.96.1000726232722.7653B-100000@utah>

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There is a great deal of misunderstanding here.  FreeBSD does not really
refer to it being available at no cost.  It refers to INTELLECTUAL freedom.
You can "own" this code if you like, and charge what you like and think is
apt depending on your value-add.  You can take it private.  GPL code you
cannot.  You MUST make the source available to everyone no matter what you
do.  You can of course do value-add to GPL code ,and charge for it, but
there's no point to paying for it as the source must be released on demand.

The Regents have modified their copyright recently so you don't have to give
them credit for its development at Berkeley.  I'm not sure when, or if, this
will be adopted by the FreeBSD project.

The point is, if you are free to give your code to FreeBSD, you should be
free to reclaim it and use it for your own business purposes later without
having to release the project's source itself.  Thus the GPL License is seen
as a "virus" that is - it infects all new code with itself if one has ever
put anything under the GPL.  It no longer can belong to you at all.  It may
have been all your new, original code, but once under GPL, it belongs to
FSF, and you can't get it back.

Under the FreeBSD license, per about a year ago, you put your copyright on
it, it has to stay with the code or its derivations, and anyone can just use
it lawfully so long as they give credit for its origin.  By this
arrangement, when you take your code back for something and use it for your
own commercial purposes, it again disappears.  Those whose Free Source code
you are using get credit for their contributions.  But there is no inherent
anti-business, socialistic or Marxist overtones to the copyright.  If you
come up with the idea for a great new app based on things you've given to
the Free, Net or Open code bases in the past, you can use your own work and
take its further development private so you can make a good living.  If you
do this with FSF-licensed code, it could mean you go to jail since copyright
violation is a criminal as well as civil offense.

FreeBSD is made available at no cost.  But the Free in FreeBSD means
intellectual freedom more than it does no cost.  OpenBSD and NetBSD are just
as "free" if you download them.  The real idea of all these BSDs is that the
environment really is free in all possible respects.

OpenBSD concentrates on security audits and tends to be the most
break-in-proof as it comes.  But because it insists on auditing everything,
it is well behind FreeBSD in what it has.

NetBSD concentrates on an even, portable port which goes to any architecture
known or under development with minimal fuss.  It is the most portable BSD.

FreeBSD concentrates on having the most useful general system.  NetBSD, for
instance, does not even have an adduser command last time I used it.
FreeBSD is the most compatible with other types of binaries.  It is the most
useful of the BSDs for general use.  This is why I use FreeBSD.  Walnut
Creek CDROM, along with BSDI in on the act now, means that while it's not as
cheap as OpenBSD or NetBSD for CDROMs, there are more docs, there are more
applications, I'm not having to port every application I see which I want to
run on it, and there are places like this list where one can get some
support and get up to speed.

This explains why FreeBSD has such a large user base compared to OpenBSD or
NetBSD.  I do believe the FreeBSD install base is several times larger than
Net and Open combined.

So, sure, you can charge as much for FreeBSD stuff as you want - be it for
media, for the service of supplying it, for installing it, whatever.  If one
does not want to be civilly sued for misrepresentation, it would be best to
charge for support and be very clear about this.  FreeBSD, for all its
strengths, is not a good Windows replacement.  Most Windows users only want
to run Micro$teal apps, and don't care that they have to reboot every day
because the system is such junk.

A good example of the absolute freedom of the BSD code base is that it WAS
taken private at one point by BSDI, which has recently merged back with
CDROM.COM and which shared a lot of code with the FreeBSD project.  BSDI was
offering a lot of support, and was what made them viable in the market.

Does this clear things up a bit?

----- Original Message -----
From: Jason C. Wells <jcwells@nwlink.com>
To: Postmaster <webmaster@radikal.net>
Cc: <freebsd-questions@FreeBSD.ORG>
Sent: Wednesday, July 26, 2000 11:31 PM
Subject: Re: Copyright and payment


> On Wed, 26 Jul 2000, Postmaster wrote:
>
> > Is it legal to sell FreeBSD for money ($1000?) to customers without
telling
> > them it's free before they pay? Any rules for this?
>
> The copyrights are here:
>
> http://www.freebsd.org/copyright/copyright.html
>
> No comment about anything to do with sale price is included in the
> copyright for the FreeBSD copyrigt or the BSD copyright. The GPL parts are
> a whole 'nother animal which I don't care to understand.
>
> You must abide by the copyrights.
>
> Thank you,
> Jason C. Wells
>
>
>
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