Hi Richard, On Fri, Nov 24, 2023 at 08:07:02PM +0100, Mark Wielaard wrote: > On Mon, 2023-09-18 at 20:47 -0400, Richard Fontana wrote: > > On Sun, Sep 17, 2023 at 11:37 AM Mark Wielaard <mark@xxxxxxxxx> wrote: > > > Something similar is done in glibc. For example several files I > > > contributed to were adapted from some BSD release and have a file > > > header saying the file is copyright the Free Software Foundation, > > > Inc. This file is part of the GNU C Library. And the state they are > > > distributed under the GNU Lesser General Public License 2.1 or > > > later. But also have the original BSD notice in the file: > > > > > > /*- > > > * Copyright (c) 1990, 1993, 1994 > > > * The Regents of the University of California. All rights reserved. > > > * > > > * Redistribution and use in source and binary forms, with or without > > > * modification, are permitted provided that the following conditions > > > * are met: > > > * 1. Redistributions of source code must retain the above copyright > > > * notice, this list of conditions and the following disclaimer. > > > * 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. > > > * 4. Neither the name of the University nor the names of its contributors > > > * may be used to endorse or promote products derived from this software > > > * without specific prior written permission. > > > * > > > * THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ``AS IS'' AND > > > * ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE > > > * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE > > > * ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE > > > * FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL > > > * DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS > > > * OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) > > > * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT > > > * LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY > > > * OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF > > > * SUCH DAMAGE. > > > */ > > > > > > But this is not the (effective) licenses, and there is no way to use > > > the code under that license, since all contributions since 1994 have > > > been done under the LGPL. > > > > Again, someone is making an assumption that something is there that is > > still subject to that license, because otherwise it could be removed. > > No it cannot be removed. And no it doesn't mean it is still subject to > that license. There is a Ship of Theseus argument to be made to just > remove to no longer applicable notice. But a) that would just be rude. > And b) the notice itself and the effective license both explicitly say > you must retain the notice. > > > In review of Fedora packages over the past year, we have found a > > number of cases where it seems clear a license notice no longer > > applies to anything in the package, or never applied in the first > > place. In at least one of those cases we recommended to the upstream > > project that it remove the "phantom" license notice. > > That sounds like bad advise IMHO. It also destroys historical > information. Although I don't like the advice I am interested when such license notices can be removed. That would make some discussions about whether or not to include extra tags/expressions easier (if it is possible to just remove the notice, then it also doesn't need to be mentioned in a license tag/expression). It was my understanding that legal notices can never be removed, because most licenses actually say you may not remove them, but that might be chicken-egg reasoning :) Cheers, Mark -- _______________________________________________ legal mailing list -- legal@xxxxxxxxxxxxxxxxxxxxxxx To unsubscribe send an email to legal-leave@xxxxxxxxxxxxxxxxxxxxxxx Fedora Code of Conduct: https://docs.fedoraproject.org/en-US/project/code-of-conduct/ List Guidelines: https://fedoraproject.org/wiki/Mailing_list_guidelines List Archives: https://lists.fedoraproject.org/archives/list/legal@xxxxxxxxxxxxxxxxxxxxxxx Do not reply to spam, report it: https://pagure.io/fedora-infrastructure/new_issue
