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Re: Licensing question about the BSD

From: Bruce Lewis
Subject: Re: Licensing question about the BSD
Date: 03 Aug 2005 13:44:55 -0400
User-agent: Gnus/5.09 (Gnus v5.9.0) Emacs/21.3

Alexander Terekhov <> writes:

> Drivative works of BSD'd code (derivative literary works [modulo the AFC
> test] under copyright law) are subject to BSD.

That's really interesting.  What legal jurisdiction are you in?
U.S. law is different.  Here, derivative works have separate copyrights
independent of copyrights on the material they're derived from.  Since
the BSD license allows code to be used for any purpose, the purpose of
creating a derivative work and distributing it under a different license
is allowed.  Material contributed by the author of the derivative work
would not be subject to the BSD license.

103. Subject matter of copyright: Compilations and derivative works

(a) The subject matter of copyright as specified by section 102 includes
compilations and derivative works, but protection for a work employing
preexisting material in which copyright subsists does not extend to any
part of the work in which such material has been used unlawfully.

(b) The copyright in a compilation or derivative work extends only to
the material contributed by the author of such work, as distinguished
from the preexisting material employed in the work, and does not imply
any exclusive right in the preexisting material. The copyright in such
work is independent of, and does not affect or enlarge the scope,
duration, ownership, or subsistence of, any copyright protection in the
preexisting material.

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