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

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