On Sun, Sep 16, 2007 at 03:37:55PM -0700, David Schwartz wrote: > > > Dual licenced code by definition explicitely states that you can choose > > the licence - otherwise it wouldn't be called dual-licenced. > > You can choose under which license you would like to receive the right to > modify or distribute the code. But you cannot change the license that code > itself is covered by.
You can choose the licence under which you distribute the code. It's obvious that everyone else receiving the dual licenced code still can choose for himself. > > Theo claimed it would "break the law" [1] to choose the GPL for > > _this_ code. [2] > > He is quite right. You cannot choose the license under which someone else's > code is offered. It would "break the law" not in the sense that you would be > breaking the law, in the sense that it's impossible because the law does not > allow it. > > You can, however, remove the BSD license notice if you'd like. While the BSD > license prohibits you from removing it, you may choose to obtain the right to > remove it from the GPL. The GPL does not prohibit removing a BSD license and > explicitly grants you the right to make all modifications that it does not > prohibit. > > Note that this removal has no effect on the license on the original code. > > Theo is right, you cannot choose the license on _this_ code. You can, of > course, control the license on code that you contribute. Nothing prevents a > derivative work from being under a different license from the original work. It would have helped if you would have read the email I gave a link to... Theo was saying in his email: <-- snip --> In http://lkml.org/lkml/2007/8/29/183, Alan Cox managed to summarize what Jiri Slaby and Luis Rodriguez were trying to do by proposing a modification of a Dual Licenced file without the consent of all the authors. Alan asks "So whats the problem ?". Well, Alan, I must caution you -- your post is advising people to break the law. <-- snip --> Theo claims quite clearly that removing the BSD licence notice when modifying BSD/GPL dual licenced code would break the law. > DS cu Adrian BTW: It is considered impolite on linux-kernel to remove Cc's. -- "Is there not promise of rain?" Ling Tan asked suddenly out of the darkness. There had been need of rain for many days. "Only a promise," Lao Er said. Pearl S. Buck - Dragon Seed - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to [EMAIL PROTECTED] More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/