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https://issues.apache.org/jira/browse/CLOUDSTACK-145?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13459098#comment-13459098
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Joe Brockmeier commented on CLOUDSTACK-145:
-------------------------------------------

Summary (tl;dr) - This file *should* be legal to use under an ASLv2 compatible 
license (BSD).

This appears to be a modified version of the sshd_config file shipped by 
OpenBSD, and subsequently packaged for Debian in the openssh-server package 
(see: http://packages.debian.org/squeeze/openssh-server)

The LICENSE file from upstream OpenSSH says:

The licences which components of this software fall under are as
follows.  First, we will summarize and say that all components
are under a BSD licence, or a licence more free than that.

(Further license summaries follow, will paste the entire thing if anyone needs 
to see that.)

The Debian patch to the file is under the GPL, but includes an exception that 
should not affect distribution under an Apache-compatible license if the 
configuration file is even considered copyrightable:

In addition, as a special exception, Matthew Vernon gives permission
to link the code of the Debian patch with any version of the OpenSSH
code which is distributed under a license identical to that listed in
the included Copyright file, and distribute linked combinations
including the two.  You must obey the GNU General Public License in
all respects for all of the code used other than OpenSSH.  If you
modify this file, you may extend this exception to your version of the
file, but you are not obligated to do so.  If you do not wish to do
so, delete this exception statement from your version.

(See: 
http://packages.debian.org/changelogs/pool/main/o/openssh/openssh_5.5p1-6+squeeze2/openssh-server.copyright)

Note that the sshd_config file that's distributed with ASC currently appears to 
be an older and modified version, so this may have been carried forward from 
older releases of OpenSSH. 
                
> Establish legal use of patches/systemvm/debian/config/etc/ssh/sshd_config
> -------------------------------------------------------------------------
>
>                 Key: CLOUDSTACK-145
>                 URL: https://issues.apache.org/jira/browse/CLOUDSTACK-145
>             Project: CloudStack
>          Issue Type: Bug
>    Affects Versions: pre-4.0.0
>            Reporter: Chip Childers
>            Priority: Blocker
>
> We need to establish if the following file is one of the following: 
> 1) Written specifically for CloudStack 
> 2) Taken (and perhaps modified) from a source that has an ASLv2 compatible 
> license 
> 3) Taken (and perhaps modified) from a source that does not have a compatible 
> license, and then figure out what to do about it. 
> patches/systemvm/debian/config/etc/ssh/sshd_config

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