Re: 4 Clause license?

2003-11-20 Thread Terry Lambert
Erik Trulsson wrote:
 On Mon, Nov 17, 2003 at 02:48:08PM -0500, Rod Taylor wrote:
  The PostgreSQL group has recently had a patch submitted with a snippet
  of code from FreeBSDs src/bin/mkdir/mkdir.c.
 
  http://www.freebsd.org/cgi/cvsweb.cgi/src/bin/mkdir/mkdir.c?annotate=1.27
 
  Is this intentionally under the 4 clause license or does the copyright
  from the website (2 clause) applied to everything that is non-contrib?
 
  http://www.freebsd.org/copyright/freebsd-license.html
 
 That copyright notice on the website should apply to everything that is
 not under some other license.  Different parts of the system is under
 different licenses and copyrights depending on who wrote it.
 The mkdir.c *was* under the 4 clause license. However all material that
 was part of the original BSDs and thus was copyrighted by The Regents
 of the University of California has had its license changed such that
 clause 3 (the advertising clause) no longer apply.

People seem to frequently misunderstand what a license is, and
more specifically, what the conversion from a 4 clause to a 3
clause license meant, in the case of the UCB License.

This change does not apply to derivative works, only to the
original code itself.

So if you went back and grabbed the mkdir.c code off the BSD
4.4-Lite2 CDROM, and used that, fine.

If you grabbed the mkdir.c off the FreeBSD sources, and even one
line was modified by someone, then it's a derivative work, and,
unless you can also get written permission from the contributor,
it stays under the license from which it was derived.

The announcement by the University only permits the change, it
does not mandate the change, for this very reason: otherwise
third party redistributed code would have sudddenly become
legally questionable.

By the same token, if you dual-license some code under th GPL
and another license, and someone gets the GPL'ed version, and
makes changes, unless thy specifically permit it, the code
contributed back is only licensed under the GPL.  This is why
SGI licensing the XFS code under the GPL was a stupid move: a
contributer contributing code back results in an improved code
base that can only be used under the terms of the GPL, and not
in SGI's commercial product offerings.  I believe that SGI did
not actually expect any significant or worthwhile bug fixes or
enhancements to come from the GPL'ed code using community.

In terms of getting written approval for the license change
from other contributors, this is basically the role that the
Regents of the University of California and the UCB CSRG were
fulfilling: a legal entity to whom such representations could
be made by contributors, and who could then legally forward
those representations to another.

FreeBSD has no such legal entity, at present.  The closest you
could come is perhaps the FreeBSD Foundation.  Had there been
a FreeBSD Foundation from day on, to whom rights could have
been assigned by contributors (turning it into The FreeBSD
Foundation and its Contributors), then the license would be
capable of being modified after the fact.

Without that, however, you must track down all of the individual
contributors to get the license changed.


My recommendation is to us the code off the 4.4 BSD-Lite2 CDROM,
if you can, live with the 4 clause license if the code contains
changes you need, if you can, or contact the contributors, if it
is a small enough job.  If none of those things will work for you,
then start with the 4.4 BSD-Lite2 CDROM code, convert to the 3
clause license, as permitted by the university, and then hack out
whatever modifications you ned on top of that for yourself.

-- Terry
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Re: 4 Clause license?

2003-11-17 Thread Simon L. Nielsen
On 2003.11.17 14:48:08 -0500, Rod Taylor wrote:
 The PostgreSQL group has recently had a patch submitted with a snippet
 of code from FreeBSDs src/bin/mkdir/mkdir.c.
 
 http://www.freebsd.org/cgi/cvsweb.cgi/src/bin/mkdir/mkdir.c?annotate=1.27
 
 Is this intentionally under the 4 clause license or does the copyright
 from the website (2 clause) applied to everything that is non-contrib?

The license in each file is the one that is authoritative.  The file you
are refering to has original 'The Regents of the University of
California' copyright, so the advertising clause is revoked as per
ftp://ftp.cs.berkeley.edu/pub/4bsd/README.Impt.License.Change .

Hope this helps.

Disclaimer: This is my own view of the issue, and I don't speak
officially for the FreeBSD project.

I'm sure somebody will correct me if I'm wrong :-).

-- 
Simon L. Nielsen
FreeBSD Documentation Team


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Re: 4 Clause license?

2003-11-17 Thread Alexander Kabaev
On Mon, 17 Nov 2003 14:48:08 -0500
Rod Taylor [EMAIL PROTECTED] wrote:

 The PostgreSQL group has recently had a patch submitted with a snippet
 of code from FreeBSDs src/bin/mkdir/mkdir.c.
 
 http://www.freebsd.org/cgi/cvsweb.cgi/src/bin/mkdir/mkdir.c?annotate=1.27

This appears to be an original UCB Copyright notice. From
/usr/src/COPYRIGHT:

NOTE: The copyright of UC Berkeley's Berkeley Software Distribution
(BSD) source has been updated.  The copyright addendum may be found at
ftp://ftp.cs.berkeley.edu/pub/4bsd/README.Impt.License.Change and is
included below.

July 22, 1999

To All Licensees, Distributors of Any Version of BSD:

As you know, certain of the Berkeley Software Distribution (BSD)
source code files require that further distributions of products
containing all or portions of the software, acknowledge within their
advertising materials that such products contain software developed by
UC Berkeley and its contributors.

Specifically, the provision reads:

 * 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.

Effective immediately, licensees and distributors are no longer required
to include the acknowledgement within advertising materials. 
Accordingly, the foregoing paragraph of those BSD Unix files containing
it is hereby deleted in its entirety.

William Hoskins
Director, Office of Technology Licensing
University of California, Berkeley

-- 
Alexander Kabaev
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Re: 4 Clause license?

2003-11-17 Thread Erik Trulsson
On Mon, Nov 17, 2003 at 02:48:08PM -0500, Rod Taylor wrote:
 The PostgreSQL group has recently had a patch submitted with a snippet
 of code from FreeBSDs src/bin/mkdir/mkdir.c.
 
 http://www.freebsd.org/cgi/cvsweb.cgi/src/bin/mkdir/mkdir.c?annotate=1.27
 
 Is this intentionally under the 4 clause license or does the copyright
 from the website (2 clause) applied to everything that is non-contrib?
 
 http://www.freebsd.org/copyright/freebsd-license.html

That copyright notice on the website should apply to everything that is
not under some other license.  Different parts of the system is under
different licenses and copyrights depending on who wrote it.
The mkdir.c *was* under the 4 clause license. However all material that
was part of the original BSDs and thus was copyrighted by The Regents
of the University of California has had its license changed such that
clause 3 (the advertising clause) no longer apply.  This would seem to
include mkdir.c
Most of the files in the source tree have not had their copyright
notices updated to reflect this.
See http://www.freebsd.org/copyright/license.html  for details on this
license.


-- 
Insert your favourite quote here.
Erik Trulsson
[EMAIL PROTECTED]
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