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Date:      Wed, 30 May 2001 12:32:54 +0200
From:      Rahul Siddharthan <rsidd@physics.iisc.ernet.in>
To:        David Schwartz <davids@webmaster.com>
Cc:        Terry Lambert <tlambert2@mindspring.com>, Brett Glass <brett@lariat.org>, chat@FreeBSD.ORG
Subject:   Re: IPFilter not free software?
Message-ID:  <20010530123254.L57297@lpt.ens.fr>
In-Reply-To: <NCBBLIEPOCNJOAEKBEAKKEGIPGAA.davids@webmaster.com>; from davids@webmaster.com on Wed, May 30, 2001 at 03:16:35AM -0700
References:  <20010530115527.J57297@lpt.ens.fr> <NCBBLIEPOCNJOAEKBEAKKEGIPGAA.davids@webmaster.com>

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David Schwartz said on May 30, 2001 at 03:16:35:
> 	Let's look again:
> 
> Redistribution and use in source and binary forms, with or without
> modification, are permitted provided that the following conditions
> are met:
> ...
> 3. All advertising materials mentioning features or use of this software
>    must display the following acknowledgement:
> This product includes software developed by the University of
> California, Berkeley and its contributors.
> 
> 	It's pretty clear that "this software" refers to the software included in
> the packaging with the license. To test this, consider what the phrase "that
> software" would mean in the same context. To me, it's clear that "this
> software" refers to the original software and "that software" would refer to
> the redistributed version.
> 
> 	Now, "use" of the original software is certainly not mentioned. Microsoft
> does not talk about using BSD in any of their advertising materials. So
> we're left with "features of". So, does Microsoft mention any features of
> BSD?

I guess that's the problem I have.  The TCP/IP networking is a feature
of the BSD code which Microsoft used.  The way I read the clause,
advertising the features and use of the internet tools in Windows
is advertising the features and use of BSD code, without naming it.

Of course, your lawyer's interpretation is almost certainly more
accurate than mine.  But I'm not happy with that interpretation.
Anyone can make that interpretation (MacOS X's features are features
of MacOS X, not of FreeBSD; FreeBSD's features are features of
FreeBSD, not of the original Berkeley 4.4 BSD code), which -- to me,
at least -- seems to make it all meaningless.

- Rahul.

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