Re: Licensing question: BSD with advertising + GPL

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On Di, 2010-03-16 at 10:57 -0400, Tom "spot" Callaway wrote:
> On 03/16/2010 07:11 AM, Joerg Schilling wrote:
> > Stefan Schulze Frielinghaus <stefan@xxxxxxxxxxxx> wrote:
> > 
> >> The licensing list [1] states that the license "BSD with advertising" is
> >> not compatible with GPLv2/v3. But what means compatible? For example, I
> >> would like to use/create a package for a library which is released as
> >> "BSD with advertising". Consider an application licensed as GPLv2 which
> >> uses the shared library. Is this allowed? In this case the library would
> >> be licensed as "BSD with advertising" and the application which uses
> >> that library as GPLv2. If I remember right, then there was some kind of
> >> clause in the GPLv2/v3 license which said that even linking against such
> >> a library is not allowed but I'm really not sure. Maybe my mind plays
> >> tricks with me ;-)
> > 
> > The GPLv2 permits to link against any independently developed library (which 
> > therefore is an independend work) regardless of the license of the library.
> 
> Stefan,
> 
> Please note that Mr. Schilling does not speak in any way for the Fedora
> Project, and his... unique... license interpretations are not correct
> for Fedora.
> 
> There is a linking incompatibility between a library with a license of
> "BSD with advertising" and a binary with a license of "GPLv2" (or v3,
> for that matter). You should double check that the license on that
> library is actually BSD with advertising (if the copyright holder is the
> Regents of the University of California, the advertising clause has been
> dropped). 

This was exactly the same I had in mind. I just wasn't sure because I
heard the same when I attended a conference presentation but didn't get
anything written down. So I was unsure.

> If you can let me know which library is in use, I would be
> happy to look into this for you.

The library I'm talking about is OpenDKIM (actually it's kind of a
daemon and a library, but I want to use the library from GPLv2 code)
which uses at the moment a 4-clause-BSD license:
http://www.opendkim.org/license.html
A confirmation if it is really a BSD-with-advertisement license is very
welcomed.

> If it is actually BSD with advertising, I would ask the upstream if they
> would be willing to drop the advertising clause, as they may be unaware
> of the problems it causes. If they are not, the alternative would be for
> the copyright holder of the GPLv2'd code to add an explicit exception to
> permit this scenario, and we could propose some suggested exception text
> to them.

I already contacted upstream and now I'm waiting for their response. I
also would like to package OpenDKIM for Fedora but I think as long as
upstream uses BSD-with-advertising it does not make much sense. It would
hurt Fedora more than help, I guess.

Thanks for your message,
Stefan

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