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Date:      Mon, 9 Mar 1998 05:47:57 -0600
From:      Karl Denninger  <karl@mcs.net>
To:        Jonathan Lemon <jlemon@americantv.com>
Cc:        current@FreeBSD.ORG
Subject:   Re: Someone needs to re-develop "Softupdates"
Message-ID:  <19980309054757.46674@mcs.net>
In-Reply-To: <19980308214840.62378@right.PCS>; from Jonathan Lemon on Sun, Mar 08, 1998 at 09:48:40PM -0600
References:  <19980308191111.08309@mcs.net> <19980308214840.62378@right.PCS>

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On Sun, Mar 08, 1998 at 09:48:40PM -0600, Jonathan Lemon wrote:
> On Mar 03, 1998 at 07:11:11PM -0600, Karl Denninger wrote:
> > I just read Julian's page.
> > 
> > What is in the Copyright file, and how Kirk "interprets" it, are two
> > completely different things.
> 
> Uh.  I just read the copyrights, as well as the email on Julian's web
> site.  Remember that what is binding is the copyright attached to the
> code, not what some email message says.
> 
> That out of the way, it seems fairly clear (to me, at least) that the
> only difference from a standard BSD license is point #4.  This only
> states that any _redistributions_ must include both the source for 
> softupdates, and the source for "the software that uses this software".
> (read: the kernel itself).
> 
> So, if either 1) you don't redistribute the software, or 2) you include
> your entire kernel sources, the clause doesn't affect you.
> 
> This would affect Sun/BSDI/Whistle (binary licensees only), but not
> Karl, unless he's selling turnkey systems with custom kernel code 
> that he doesn't want to provide source for.
> 
> 
> > According to Kirk, if someone wants to use it in a "Production ISP System"
> > (to cite one of his examples) they need to negotiate a license from him.
> 
> The copyright does not say that.  The copyright is what carries the
> legal weight, not Kirk's email message, (which I think you are
> misinterpreting, I believe he was referring to something like BSDI).
> 
> Can we move on now?

Sure.  But I find it disingenuous at best to claim one thing in a legal
document and then another somewhere else.

Jordan has made his views known on myself and our organization here.  
That's fine.  I won't bother any of the fine "Core" people any longer, nor
post here any longer, nor will the donation which was sitting on my desk and
due to go out (quite seriously) go anywhere but the paper shredder.

And no, Jordan, it didn't have strings attached.

Mr. Dyson, please contact me.  Assuming that your latest NFS fixes actually
do fix the problems we've had with NFS, you're entitled to *ALL* of what was
going to go to the FreeBSD effort - as a *PERSONAL* donation.

--
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