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Re: Licensing question about the BSD


From: Alexander Terekhov
Subject: Re: Licensing question about the BSD
Date: Tue, 02 Aug 2005 22:10:55 +0200

Steve wrote:
[...]
> materials.  Doesn't this mean that derived works are therefore covered
> by the BSD license (in addition to any other proprietary or open
> licensing terms the derived work author himself applies)?

Drivative works of BSD'd code (derivative literary works [modulo the AFC
test] under copyright law) are subject to BSD. In source code form, such 
derivative works are subject to BSD and only the BSD -- you simply can't 
modify/extend/etc. original license (unless you're the copyright owner 
in original works). 

> 
>         Consider an example.  Some author created an application named 
> "A", and licenses it with the BSD.  Another author creates application 
> "B", containing some code from "A".  

Compilations ("mere agreegations" in GNU speak) are NOT subject to BSD.

> The author of "B" licenses his work under the GPL, but includes a 
> copyright notice and the BSD terms in his source code to satisfy 
> the terms of "A".  

Eh, as long as he didn't modify any BSD'd code, all his works are GPL'd 
and they are separate (literary) works from BSD'd (literary) works from 
"A". And a combination (compilation) of all those works is another 
non-derivative (under copyright law, not metaphysically) work and it is 
subject neither to GPL nor BSD. 

regards,
alexander.

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