Re: Licensing question about the BSD

2005-08-03 Thread Alexander Terekhov

Steve wrote:
 
  Drivative works of BSD'd code (derivative literary works [modulo the AFC
  test] under copyright law) are subject to BSD. In source code form, such
  derivative works are subject to BSD and only the BSD -- you simply can't
  modify/extend/etc. original license (unless you're the copyright owner
  in original works).
 
 Are you saying that if one creates a derived work from BSD-licensed
 software, they can apply any additional licensing terms they wish to the
 compiled binary output... but those terms would not apply to the source
 code itself?  I must say, that's an extremely BIZARRE distinction to
 wrap my head around!

I see nothing bizarre here. Apart from the (lack of) obligation to disclose
source code of derivative works, it works similar to the CPL, for example.

A Contributor may choose to distribute the Program in object code form 
 under its own license agreement...

See CPL section 3. REQUIREMENTS.

  Eh, as long as he didn't modify any BSD'd code, all his works are GPL'd
  and they are separate (literary) works from BSD'd (literary) works from
  A. And a combination (compilation) of all those works is another
  non-derivative (under copyright law, not metaphysically) work and it is
  subject neither to GPL nor BSD.
 
 You've lost me on this point as well.  Are you trying to say that
 incorporation of another project's code into your own project does not
 constitute a derived work so long as you don't modify the code you've
 incorporated?  

It doesn't constitute a derivative work under copyright law.

   Why is it then that if I build an application on
 MS-Windows using the Cygwin port of GCC, even though I haven't altered a
 single line of GPL'ed code, I am still forced to license my work under
 the GPL... because Cygwin dynamically links my code to a GPL'ed DLL.

No. That's because you've been fooled (not really forced) by the FSF's 
baseless propaganda regarding linking, I suppose.

 
 I understand that compilations are not subject to the GPL or BSD
 (i.e. I could create a proprietary IDE by packaging a BSD'ed text editor
 and the GCC compiler).  However, it's always been my understand that
 LITERALLY embedding someone else's code in your own software (including
 static or dynamic linking) subjects you to the GPL.  That's the entire
 purpose behind the LGPL, isn't it?

See http://www.rosenlaw.com/Rosen_Ch06.pdf and also nice review of that 
book at http://www.stromian.com/Corner/Feb2005.html. Here's what Rosen
had to say about the LGPL:

The LGPL, therefore, is an anomaly—a hybrid license intended to address 
 a complex issue about program linking and derivative works. It doesn’t 
 solve that problem but merely directs us back to the main event, the 
 GPL license itself.

regards,
alexander.
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What does the FSF advocate regarding non-free software

2005-08-03 Thread beirne
I'm thinking through my opinions about the FSF and am trying to figure
something out.  I know the FSF believes that free software is the
correct form of licensing, but does the FSF formally advocate the
elimination of copyright laws that allow for non-free software?

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Re: What does the FSF advocate regarding non-free software

2005-08-03 Thread Eric Eide
beirne == beirne  [EMAIL PROTECTED] writes:

beirne I'm thinking through my opinions about the FSF and am trying to
beirne figure something out.  I know the FSF believes that free
beirne software is the correct form of licensing, but does the FSF
beirne formally advocate the elimination of copyright laws that allow
beirne for non-free software?

No.  It is copyright law that allows the FSF to enforce the GNU GPL.

-- 
---
Eric Eide [EMAIL PROTECTED]  . University of Utah School of Computing
http://www.cs.utah.edu/~eeide/ . +1 (801) 585-5512 voice, +1 (801) 581-5843 FAX
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Re: What does the FSF advocate regarding non-free software

2005-08-03 Thread David Kastrup
beirne [EMAIL PROTECTED] writes:

 I'm thinking through my opinions about the FSF and am trying to
 figure something out.  I know the FSF believes that free software is
 the correct form of licensing, but does the FSF formally advocate
 the elimination of copyright laws that allow for non-free software?

The copyright laws protecting non-free software are the same laws as
those protecting free software.

The FSF cooperates with several other organizations trying to limit
the overreaching extent of copyright laws.  This sort of lobbying
affects both free and non-free software.

-- 
David Kastrup, Kriemhildstr. 15, 44793 Bochum
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Re: What does the FSF advocate regarding non-free software

2005-08-03 Thread Alexander Terekhov

beirne wrote:
 
 I'm thinking through my opinions about the FSF and am trying to figure
 something out.  I know the FSF believes that free software is the
 correct form of licensing, but does the FSF formally advocate the
 elimination of copyright laws that allow for non-free software?

http://groups.google.de/group/gnu.misc.discuss/msg/f3dc297fc150be05

lunacy

AM4: The problem with this change in the copyright laws for three 
would be that you wouldn't get the sources. 

RMS: Right. There would have also to be a condition, a law that to 
sell copies of the software to the public the source code must be 
deposited somewhere so that three years later it can be released. So 
it could be deposited say, with the library of congress in the US, 
and I think other countries have similar institutions where copies 
of published books get placed, and they could also received the 
source code and after three years, publish it. And of course, if the 
source code didn't correspond to the executable that would be fraud, 
and in fact if it really corresponds then they ought to be able to 
check that very easily when the work is published initially so 
you're publishing the source code and somebody there says alright 
dot slash configure dot slash make and sees if produces the same 
executables and uh. 

/lunacy

regards,
alexander.
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Re: Licensing question about the BSD

2005-08-03 Thread Bruce Lewis
Alexander Terekhov [EMAIL PROTECTED] writes:

 Drivative works of BSD'd code (derivative literary works [modulo the AFC
 test] under copyright law) are subject to BSD.

That's really interesting.  What legal jurisdiction are you in?
U.S. law is different.  Here, derivative works have separate copyrights
independent of copyrights on the material they're derived from.  Since
the BSD license allows code to be used for any purpose, the purpose of
creating a derivative work and distributing it under a different license
is allowed.  Material contributed by the author of the derivative work
would not be subject to the BSD license.

http://www.copyright.gov/title17/92chap1.html#103

103. Subject matter of copyright: Compilations and derivative works

(a) The subject matter of copyright as specified by section 102 includes
compilations and derivative works, but protection for a work employing
preexisting material in which copyright subsists does not extend to any
part of the work in which such material has been used unlawfully.

(b) The copyright in a compilation or derivative work extends only to
the material contributed by the author of such work, as distinguished
from the preexisting material employed in the work, and does not imply
any exclusive right in the preexisting material. The copyright in such
work is independent of, and does not affect or enlarge the scope,
duration, ownership, or subsistence of, any copyright protection in the
preexisting material.
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Re: Licensing question about the BSD

2005-08-03 Thread Alexander Terekhov

Bruce Lewis wrote:
[...]
 Since the BSD license allows code to be used for any purpose, the 
 purpose of creating a derivative work and distributing it under a 
 different license is allowed.  

Use is irrelevant because as far as copyright is concerned, it is 
permitted per 17 USC 117 and the BSD doesn't seek to override 17 
USC 117 user rights in contractual manner. Regarding derivative 
works beyond the scope of 17 USC 117 adaptations (note that 17 USC 
117 adaptations may be transferred/distributed only with the 
authorization of the copyright owner), the modified source code 
must retain the BSD license: different license is not allowed.

regards,
alexander.
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