Date: Fri, 5 Oct 2007 03:21:25 -0700 From: "David Schwartz" <davids@webmaster.com> To: "Freebsd-Chat@Freebsd. Org" <freebsd-chat@freebsd.org> Subject: RE: viral license free fork of freebsd Message-ID: <MDEHLPKNGKAHNMBLJOLKIEIBHEAC.davids@webmaster.com> In-Reply-To: <bef9a7920710042203r33e4c23axf3629e1e6f30a042@mail.gmail.com>
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> I am intrested in putting together a version of FreeBSD (at least the > non-ports portion) that is 100% viral license (gpl and lgpl [not > techinically viral but I don't trust it]) free... where would be a > good starting point on this project? The short answer is that you simply cannot do this. You cannot set the licensing terms on code you did not write without a written relicensing agreement from the original author, which you don't have. This is the law in the United States and it's probably impossible for this or other reasons elsewhere. If you merely distribute FreeBSD, you obtain *your* license to distribute from the BSD license. However, you have no role whatsoever in the license the recipients you distribute to get from the original authors (other than making them lawful possessors of the code). And they don't need any license to simply own the code or to use it. If they wish to modify it or distribute it themselves, then they obtain whatever license each original author offers from that author directly. You are not a *licensing* intermediary. You can certainly make modifications and contributions of your own and offer them under any license you would like. But you cannot change the fact that the original authors of all the pieces you are taking has offered them to anyone who possesses them under a BSD license. Recipients still get those BSD licenses and the BSD license prohibits you from removing the notification that they do. (Though you can certainly add your own notification that some parts are not offered under the BSD license.) I'd prefer not to pollute even the chat list with this, so if there's anything you don't understand or that isn't clear, feel free to email me personally first. If you still think I'm wrong after you hear my response, then post to the list. There's just too much misinformation out there already and this has been patiently explained dozens of times. DS
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