netdev - Re: Fwd: That whole "Linux stealing our code" thing

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Date:	Sun, 02 Sep 2007 14:28:28 +0200 (CEST)
From:	Igor Sobrado <igor@...dmat1.ciencias.uniovi.es>
To:	Adrian Bunk <bunk@...nel.org>
Cc:	Alan Cox <alan@...rguk.ukuu.org.uk>,
	"Constantine A. Murenin" <mureninc@...il.com>,
	Jeff Garzik <jeff@...zik.org>, linux-kernel@...r.kernel.org,
	linux-wireless@...r.kernel.org, netdev@...r.kernel.org,
	Jiri Slaby <jirislaby@...il.com>
Subject: Re: Fwd: That whole "Linux stealing our code" thing

On Sun, 2 Sep 2007, Adrian Bunk wrote:
> On Sun, Sep 02, 2007 at 01:20:27PM +0200, Igor Sobrado wrote:
>> Reyk code was never dual licensed!  His code is under truly free licensing
>> terms (BSD).
>
> Jiri's patch touched both files containing BSD-only code by Reyk and
> code Reyk contributed to leaving the file dual licenced.

Ok.

> You mixed two completely different things in your email:
>
> 1. Jiri's patch (that was never merged into Linux) not only removed the
>   BSD header from dual licenced files but also from not dual licenced
>   files.
>
> 2. Theo accused Alan that telling people that it was OK to choose one
>   licence for dual licenced code was "advising people to break the law".
>
> Jiri's patch was legally not OK regarding 1. - there's no discussion
> regarding this.
>
> The point 2 is what the email of Theo that was forwarded to linux-kernel
> is about and what the discussion is about. That's quite a rude action
> by Theo unless he's able to prove that this accusation is correct.

When code is multi-licensed it must be distributed under *all* these 
licensing terms concurrently.  It is easy to understand.  Removing (or 
changing) the conditions that apply to the program from the source code 
and documentation *without* an authorization from all the author(s) is 
illegal.

So, a multi-licensed file remains multi-licensed except when all authors 
agree about a change in the licensing terms.  And it is clear on the BSD 
license that a modification of the distribution terms is illegal.  It is 
the first clause on the BSD license:

  * 1. Redistributions of source code must retain the above copyright
  *    notice, this list of conditions and the following disclaimer,
  *    without modification.

So, removing (or changing) the list of conditions on the BSD license is 
not allowed.

Igor.
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