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SubjectRe: BSD Licensed files in Linux kernel.
On Wed, Mar 08, 2000 at 03:17:09AM +1100, Darren Reed wrote:
> In some mail from Andi Kleen, sie said:
> >
> > Darren Reed <avalon@coombs.anu.edu.au> writes:
> >
> > > Sorry to disturb you folks, but someone has pointed out to me
> > > that there are some files (e.g. linux/drivers/net/bsd_comp.c)
> > > which are licensed under the BSD license and not the GPL.
> > >
> > > Whilst the Linux kernel itself is `meant' to be GPL'd, there
> > > would appear to be some doubt about whether the GPL would allow
> > > such files to be included (no sub-licensing, etc). Has anyone
> > > received legal advice about whether those files do in fact
> > > represent a further restriction that would conflict with the
> > > GPL ? If so, can they still be (re)distributed with Linux ?
> > > Afterall, it is not appropriate to just remove the offending
> > > lines...
> >
> >
> > The file in question is copyright UCB.
> > UCB has recently dropped the problematical clause (3) of the license,
> > and the BSD license without that does not conflict with the GPL. UCB
> > as the copyright holder can drop that. They did. So there is no problem.
>
> What about the view that the GPL prohibits sub-licensing (such as what
> the UCB file has) ?

The GPL forbids additional restrictions, not "sub licensing" (otherwise
it wouldn't be a very good virus ...)

>
> What about the view that the UCB copyright places restrictions (albeit
> very light) which are not present in the GPL ? Specifically this:
>
> * 2. Redistributions in binary form must reproduce the above copyright
> * notice, this list of conditions and the following disclaimer in the
> * documentation and/or other materials provided with the distribution.
>
> Wouldn't this fly in the face of section 6 of the GPL ?

The GPL always requires source distribution and the following disclaimer
is in the source and the source is an "other material provided with
the distribution".

For the UCB change see
ftp://ftp.cs.berkeley.edu/pub/4bsd/README.Impt.License.Change

The general consensus seems to be now that BSD license with that
is GPL compatible. Of course I'm no lawyer, etc., blabla.


-Andi

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