On 18 Sep 2007, at 15:53, Frederico Muñoz wrote:

> I understand the concern, that's why I also raised the issue of the
> recent events concerning BSD code in GPL applications (between Theo
> and Eben Moglen, amongst others). Depending on the final status of
> this it would also mean that the BSD license would not be compatible
> with CDDL, amongst others. Until recently the general view was that
> you could pretty much use BSDL code in any body of work regardless of
> the license, but from what I've been reading this interpretation is no
> longer held by important key members of the BSD community (which
> doesn't mean they are right, just as Eben Moglen being a lawyer is no
> guarantee either).

Hi Frederico,

I believe you are misunderstanding the OpenBSD debate.  There is no  
dispute over whether you can use BSDL code in GPL'd projects.  The  
complete work becomes GPL'd and the BSDL components remain BSDL  
individually.  The issue there is over relicensing BSDL code under  
the GPL.  This can only be done with the consent of the original  
author(s).  The controversy began when someone sent a diff to the  
LKML removing the original author's copyright notice and licenses  
from the files.  This was done because someone believed that Linus  
would not accept BSDL code into the kernel (no idea why they thought  
that; there's loads of BSD, MIT and PD code in the Linux kernel  
already), and so ditched the dual license.  It's not completely clear  
whether changing the license of a dual-licensed piece of code to a  
single license is allowed, but removing the original copyright notice  
is definitely not allowed.  There is, however, nothing stopping you  
from using a BSDL component in a GPL'd project[1].

David

[1] Note: This does not apply to the original 4-clause BSDL, still  
used by NetBSD and OpenSSL, which has an advertising clause which is  
incompatible with the GPL.
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