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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