Re: Fwd: That whole "Linux stealing our code" thing

2007-09-06 Thread Pavel Machek
On Mon 2007-09-03 04:58:58, Jeff Garzik wrote: > David Schwartz wrote: > >Either license can grant you the right to distribute > >it, but how you get the > >rights to distribute has *NO* effect on the recipient. > >They receive a lawful > >copy and any rights the original author grants them >

Re: Fwd: That whole Linux stealing our code thing

2007-09-06 Thread Pavel Machek
On Mon 2007-09-03 04:58:58, Jeff Garzik wrote: David Schwartz wrote: Either license can grant you the right to distribute it, but how you get the rights to distribute has *NO* effect on the recipient. They receive a lawful copy and any rights the original author grants them under a

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-05 Thread Krzysztof Halasa
Daniel Hazelton <[EMAIL PROTECTED]> writes: >> Actually (and I think it's the same in the USA), a copyrighted work >> has an implicit "all rights reserved". A licence is just exception. > > And? The fact remains that "All Rights Reserved" means "I am reserving all > rights I do not specifically

Re: Fwd: That whole Linux stealing our code thing

2007-09-05 Thread Krzysztof Halasa
Daniel Hazelton [EMAIL PROTECTED] writes: Actually (and I think it's the same in the USA), a copyrighted work has an implicit all rights reserved. A licence is just exception. And? The fact remains that All Rights Reserved means I am reserving all rights I do not specifically grant or

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-04 Thread Daniel Hazelton
On Tuesday 04 September 2007 15:44:31 Michael Poole wrote: > Chris Friesen writes: > > Daniel Hazelton wrote: > >> On Tuesday 04 September 2007 09:27:02 Krzysztof Halasa wrote: > >>>Daniel Hazelton <[EMAIL PROTECTED]> writes: > US Copyright law. A copyright holder, regardless of what license

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-04 Thread linux-os \(Dick Johnson\)
On Tue, 4 Sep 2007, Chris Friesen wrote: > Daniel Hazelton wrote: >> On Tuesday 04 September 2007 09:27:02 Krzysztof Halasa wrote: >> >>> Daniel Hazelton <[EMAIL PROTECTED]> writes: >>> US Copyright law. A copyright holder, regardless of what license he/she may have released the work

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-04 Thread Michael Poole
Chris Friesen writes: > Daniel Hazelton wrote: >> On Tuesday 04 September 2007 09:27:02 Krzysztof Halasa wrote: >> >>>Daniel Hazelton <[EMAIL PROTECTED]> writes: >>> US Copyright law. A copyright holder, regardless of what license he/she may have released the work under, can still revoke

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-04 Thread Chris Friesen
Daniel Hazelton wrote: On Tuesday 04 September 2007 09:27:02 Krzysztof Halasa wrote: Daniel Hazelton <[EMAIL PROTECTED]> writes: US Copyright law. A copyright holder, regardless of what license he/she may have released the work under, can still revoke the license for a specific person or

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-04 Thread Daniel Hazelton
On Tuesday 04 September 2007 09:27:02 Krzysztof Halasa wrote: > Daniel Hazelton <[EMAIL PROTECTED]> writes: > > US Copyright law. A copyright holder, regardless of what license he/she > > may have released the work under, can still revoke the license for a > > specific person or group of people.

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-04 Thread Daniel Hazelton
On Tuesday 04 September 2007 04:50:34 James Bruce wrote: > Daniel Hazelton wrote: > > On Monday 03 September 2007 14:26:29 Krzysztof Halasa wrote: > >> Daniel Hazelton <[EMAIL PROTECTED]> writes: > >>> The fact > >>> remains that the person making a work available under *ANY* form of > >>>

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-04 Thread Krzysztof Halasa
Daniel Hazelton <[EMAIL PROTECTED]> writes: > US Copyright law. A copyright holder, regardless of what license he/she may > have released the work under, can still revoke the license for a specific > person or group of people. (There are some exceptions, but they do not apply > to the

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-04 Thread James Bruce
Daniel Hazelton wrote: On Monday 03 September 2007 14:26:29 Krzysztof Halasa wrote: Daniel Hazelton <[EMAIL PROTECTED]> writes: The fact remains that the person making a work available under *ANY* form of copyright license has the right to revoke said grant of license to anyone. Not after the

Re: Fwd: That whole Linux stealing our code thing

2007-09-04 Thread James Bruce
Daniel Hazelton wrote: On Monday 03 September 2007 14:26:29 Krzysztof Halasa wrote: Daniel Hazelton [EMAIL PROTECTED] writes: The fact remains that the person making a work available under *ANY* form of copyright license has the right to revoke said grant of license to anyone. Not after the

Re: Fwd: That whole Linux stealing our code thing

2007-09-04 Thread Krzysztof Halasa
Daniel Hazelton [EMAIL PROTECTED] writes: US Copyright law. A copyright holder, regardless of what license he/she may have released the work under, can still revoke the license for a specific person or group of people. (There are some exceptions, but they do not apply to the situation that

Re: Fwd: That whole Linux stealing our code thing

2007-09-04 Thread Daniel Hazelton
On Tuesday 04 September 2007 04:50:34 James Bruce wrote: Daniel Hazelton wrote: On Monday 03 September 2007 14:26:29 Krzysztof Halasa wrote: Daniel Hazelton [EMAIL PROTECTED] writes: The fact remains that the person making a work available under *ANY* form of copyright license has the

Re: Fwd: That whole Linux stealing our code thing

2007-09-04 Thread Daniel Hazelton
On Tuesday 04 September 2007 09:27:02 Krzysztof Halasa wrote: Daniel Hazelton [EMAIL PROTECTED] writes: US Copyright law. A copyright holder, regardless of what license he/she may have released the work under, can still revoke the license for a specific person or group of people. (There are

Re: Fwd: That whole Linux stealing our code thing

2007-09-04 Thread Chris Friesen
Daniel Hazelton wrote: On Tuesday 04 September 2007 09:27:02 Krzysztof Halasa wrote: Daniel Hazelton [EMAIL PROTECTED] writes: US Copyright law. A copyright holder, regardless of what license he/she may have released the work under, can still revoke the license for a specific person or group

Re: Fwd: That whole Linux stealing our code thing

2007-09-04 Thread Michael Poole
Chris Friesen writes: Daniel Hazelton wrote: On Tuesday 04 September 2007 09:27:02 Krzysztof Halasa wrote: Daniel Hazelton [EMAIL PROTECTED] writes: US Copyright law. A copyright holder, regardless of what license he/she may have released the work under, can still revoke the license for a

Re: Fwd: That whole Linux stealing our code thing

2007-09-04 Thread linux-os \(Dick Johnson\)
On Tue, 4 Sep 2007, Chris Friesen wrote: Daniel Hazelton wrote: On Tuesday 04 September 2007 09:27:02 Krzysztof Halasa wrote: Daniel Hazelton [EMAIL PROTECTED] writes: US Copyright law. A copyright holder, regardless of what license he/she may have released the work under, can still

Re: Fwd: That whole Linux stealing our code thing

2007-09-04 Thread Daniel Hazelton
On Tuesday 04 September 2007 15:44:31 Michael Poole wrote: Chris Friesen writes: Daniel Hazelton wrote: On Tuesday 04 September 2007 09:27:02 Krzysztof Halasa wrote: Daniel Hazelton [EMAIL PROTECTED] writes: US Copyright law. A copyright holder, regardless of what license he/she may have

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-03 Thread Daniel Hazelton
On Monday 03 September 2007 15:33:01 Krzysztof Halasa wrote: > Daniel Hazelton <[EMAIL PROTECTED]> writes: > > I hate to belabor the point, but you seem to be making the mistake of > > "The license applies to the copyright holder" > > Of course not. I'll take this at face value - I might have

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-03 Thread Krzysztof Halasa
Daniel Hazelton <[EMAIL PROTECTED]> writes: > I hate to belabor the point, but you seem to be making the mistake of "The > license applies to the copyright holder" Of course not. > The person holding the copyright has all the legal standing to revoke a > license grant at any time. Based on?

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-03 Thread Daniel Hazelton
On Monday 03 September 2007 14:26:29 Krzysztof Halasa wrote: > Daniel Hazelton <[EMAIL PROTECTED]> writes: > > The fact > > remains that the person making a work available under *ANY* form of > > copyright > > license has the right to revoke said grant of license to anyone. > > Not after the

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-03 Thread Krzysztof Halasa
Daniel Hazelton <[EMAIL PROTECTED]> writes: > The fact > remains that the person making a work available under *ANY* form of > copyright > license has the right to revoke said grant of license to anyone. Not after the licence has been given and accepted (and there might be restrictions),

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-03 Thread Daniel Hazelton
On Monday 03 September 2007 05:48:00 David Schwartz wrote: > > Mr. Floeter *CAN* request that his code be removed from said fork > > - his code > > is solely licensed (AFAICT and IIRC) under the BSD/ISC license > > and was only > > covered by the dual-license because it was integrated into a work

RE: Fwd: That whole "Linux stealing our code" thing

2007-09-03 Thread David Schwartz
> > Yes, but this has to be done in writing and neither the BSD nor the GPL > > license claim to allow this. > Standard dual license texts do. > > Jeff No, they don't. They simply state that *you* may obtain the right to modify/distribute the work from either license at your option. They

RE: Fwd: That whole "Linux stealing our code" thing

2007-09-03 Thread David Schwartz
> Mr. Floeter *CAN* request that his code be removed from said fork > - his code > is solely licensed (AFAICT and IIRC) under the BSD/ISC license > and was only > covered by the dual-license because it was integrated into a work that > carried said dual-license. (I'm not sure how well such a

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-03 Thread Jeff Garzik
David Schwartz wrote: Jeff Garzik wrote: Secondary parties have the power to grant or modify rights, if delegated to them by the original author. Yes, but this has to be done in writing and neither the BSD nor the GPL license claim to allow this. Standard dual license texts do.

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-03 Thread David Schwartz
Jeff Garzik wrote: > Secondary parties have the power to grant or modify rights, if > delegated > to them by the original author. Yes, but this has to be done in writing and neither the BSD nor the GPL license claim to allow this. > Relicensing and transfer of rights happens all the time.

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-03 Thread Jan Engelhardt
On Sep 3 2007 04:58, Jeff Garzik wrote: > > Relicensing and transfer of rights happens all the time. How do you think > most music gets into consumer hands? uh, p2p? :) - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to [EMAIL PROTECTED] More

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-03 Thread Jeff Garzik
David Schwartz wrote: Either license can grant you the right to distribute it, but how you get the rights to distribute has *NO* effect on the recipient. They receive a lawful copy and any rights the original author grants them under a license from that original author. You have no power to

Re: Fwd: That whole Linux stealing our code thing

2007-09-03 Thread Jeff Garzik
David Schwartz wrote: Either license can grant you the right to distribute it, but how you get the rights to distribute has *NO* effect on the recipient. They receive a lawful copy and any rights the original author grants them under a license from that original author. You have no power to

Re: Fwd: That whole Linux stealing our code thing

2007-09-03 Thread Jan Engelhardt
On Sep 3 2007 04:58, Jeff Garzik wrote: Relicensing and transfer of rights happens all the time. How do you think most music gets into consumer hands? uh, p2p? :) - To unsubscribe from this list: send the line unsubscribe linux-kernel in the body of a message to [EMAIL PROTECTED] More

Re: Fwd: That whole Linux stealing our code thing

2007-09-03 Thread David Schwartz
Jeff Garzik wrote: Secondary parties have the power to grant or modify rights, if delegated to them by the original author. Yes, but this has to be done in writing and neither the BSD nor the GPL license claim to allow this. Relicensing and transfer of rights happens all the time. How

Re: Fwd: That whole Linux stealing our code thing

2007-09-03 Thread Jeff Garzik
David Schwartz wrote: Jeff Garzik wrote: Secondary parties have the power to grant or modify rights, if delegated to them by the original author. Yes, but this has to be done in writing and neither the BSD nor the GPL license claim to allow this. Standard dual license texts do.

RE: Fwd: That whole Linux stealing our code thing

2007-09-03 Thread David Schwartz
Mr. Floeter *CAN* request that his code be removed from said fork - his code is solely licensed (AFAICT and IIRC) under the BSD/ISC license and was only covered by the dual-license because it was integrated into a work that carried said dual-license. (I'm not sure how well such a revocation

RE: Fwd: That whole Linux stealing our code thing

2007-09-03 Thread David Schwartz
Yes, but this has to be done in writing and neither the BSD nor the GPL license claim to allow this. Standard dual license texts do. Jeff No, they don't. They simply state that *you* may obtain the right to modify/distribute the work from either license at your option. They do not

Re: Fwd: That whole Linux stealing our code thing

2007-09-03 Thread Daniel Hazelton
On Monday 03 September 2007 05:48:00 David Schwartz wrote: Mr. Floeter *CAN* request that his code be removed from said fork - his code is solely licensed (AFAICT and IIRC) under the BSD/ISC license and was only covered by the dual-license because it was integrated into a work that

Re: Fwd: That whole Linux stealing our code thing

2007-09-03 Thread Krzysztof Halasa
Daniel Hazelton [EMAIL PROTECTED] writes: The fact remains that the person making a work available under *ANY* form of copyright license has the right to revoke said grant of license to anyone. Not after the licence has been given and accepted (and there might be restrictions), unless of

Re: Fwd: That whole Linux stealing our code thing

2007-09-03 Thread Daniel Hazelton
On Monday 03 September 2007 14:26:29 Krzysztof Halasa wrote: Daniel Hazelton [EMAIL PROTECTED] writes: The fact remains that the person making a work available under *ANY* form of copyright license has the right to revoke said grant of license to anyone. Not after the licence has been

Re: Fwd: That whole Linux stealing our code thing

2007-09-03 Thread Krzysztof Halasa
Daniel Hazelton [EMAIL PROTECTED] writes: I hate to belabor the point, but you seem to be making the mistake of The license applies to the copyright holder Of course not. The person holding the copyright has all the legal standing to revoke a license grant at any time. Based on?

Re: Fwd: That whole Linux stealing our code thing

2007-09-03 Thread Daniel Hazelton
On Monday 03 September 2007 15:33:01 Krzysztof Halasa wrote: Daniel Hazelton [EMAIL PROTECTED] writes: I hate to belabor the point, but you seem to be making the mistake of The license applies to the copyright holder Of course not. I'll take this at face value - I might have mis-parsed

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-02 Thread Daniel Hazelton
(by the way, text in caps surrounded by *'s is meant to indicate vocal stress, not volume) On Sunday 02 September 2007 22:01:18 David Schwartz wrote: > > So I appear to have a > > right to convey the work under the GPL to a third party, who from me > > receives no right to use it except under

RE: Fwd: That whole "Linux stealing our code" thing

2007-09-02 Thread David Schwartz
Alan Cox wrote: > The ath5k C file in question (not the headers) seems to give recipients > permission to further convey the work under a choice of two licences. Correct. > It doesn't say they must redistribute under both. Correct. They need the right to redistribute the work, and they may

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-02 Thread Matthew Jacob
This has been pretty interesting for me to watch as I distribute my isp driver under a dual license (at least the portions of it which are common with the *BSD and Solaris ports) that is almost identical to Sam's verbiage. I'll admit that I hadn't thought about whether redistribution included

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-02 Thread Al Viro
On Sun, Sep 02, 2007 at 03:00:46PM +0200, Igor Sobrado wrote: > >Not strictly true. They can either agree to a change and issue one or > >they can convey to other parties the right to change the terms. The GPL > >for example does this for version selection. > > So, under a dual-licensed BSD/GPL

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-02 Thread Igor Sobrado
On Sun, 2 Sep 2007, Jeff Garzik wrote: Krzysztof Halasa wrote: WRT Atheros driver I'd probably leave the thing as is (i.e., BSD/GPL = in fact BSD), unless something like 50+% of the code is rewritten - it's mostly their hard work after all, isn't it? Not legal requirement, though. Yes.

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-02 Thread Bodo Eggert
Igor Sobrado <[EMAIL PROTECTED]> wrote: > When code is multi-licensed it must be distributed under *all* these > licensing terms concurrently. No. E.g.: If I don't agree to the GPL (or if I had violated it and therefore have lost it's privileges), I MUST NOT redistribute it under the GPL

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-02 Thread Jeff Garzik
Krzysztof Halasa wrote: WRT Atheros driver I'd probably leave the thing as is (i.e., BSD/GPL = in fact BSD), unless something like 50+% of the code is rewritten - it's mostly their hard work after all, isn't it? Not legal requirement, though. Yes. This deserves to be reinforced: There is

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-02 Thread Krzysztof Halasa
IANAL, but: Igor Sobrado <[EMAIL PROTECTED]> writes: > So, under a dual-licensed BSD/GPL code the latter license allows a > developer to remove the GPL license itself and release a > single-licensed BSD code if other parties want to do it? Of course. If it wasn't legal, dual BSD/GPL would just

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-02 Thread Alan Cox
> > Not strictly true. They can either agree to a change and issue one or > > they can convey to other parties the right to change the terms. The GPL > > for example does this for version selection. > > So, under a dual-licensed BSD/GPL code the latter license allows a > developer to remove the

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-02 Thread Adrian Bunk
On Sun, Sep 02, 2007 at 03:00:46PM +0200, Igor Sobrado wrote: > On Sun, 2 Sep 2007, Alan Cox wrote: > >>> 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 >> >> Not strictly true. They can either

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-02 Thread Igor Sobrado
On Sun, 2 Sep 2007, Alan Cox wrote: 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 Not strictly true. They can either agree to a change and issue one or they can convey to other parties the

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-02 Thread Igor Sobrado
On Sun, 2 Sep 2007, Alan Cox wrote: You can shout this all you like but you would be wrong. You can remove the licence if you have permission to do so. For the ath c files there was permission to do so. There was permission to do so from Reyk Floeter? Really? Your understanding isn't quite

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-02 Thread Alan Cox
> 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 Not strictly true. They can either agree to a change and issue one or they can convey to other parties the right to change the terms. The GPL for

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-02 Thread Jeff Garzik
Igor Sobrado wrote: 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

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-02 Thread Alan Cox
On Sun, 02 Sep 2007 13:20:27 +0200 (CEST) Igor Sobrado <[EMAIL PROTECTED]> wrote: > On Sun, 2 Sep 2007, Alan Cox wrote: > > You can shout this all you like but you would be wrong. You can remove > > the licence if you have permission to do so. For the ath c files there > > was permission to do

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-02 Thread Igor Sobrado
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

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-02 Thread Adrian Bunk
On Sun, Sep 02, 2007 at 01:20:27PM +0200, Igor Sobrado wrote: > On Sun, 2 Sep 2007, Alan Cox wrote: >> You can shout this all you like but you would be wrong. You can remove >> the licence if you have permission to do so. For the ath c files there >> was permission to do so. > > There was

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-02 Thread Jan Engelhardt
On Sep 1 2007 18:36, Theo de Raadt wrote: > >When companies have taken our wireless device drivers, many many of >them have given changes and fixes back. Some maybe didn't, but that >is OK. For companies it's ok, but for linux people it is not? (1) You do not know how much of the modifications

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-02 Thread Alan Cox
> - If you receive ISC or BSD licensed code, you may not delete the > license. Same principle, since the notice says so. It's the law. > Really. You can shout this all you like but you would be wrong. You can remove the licence if you have permission to do so. For the ath c files there was

Re: Fwd: That whole Linux stealing our code thing

2007-09-02 Thread Jan Engelhardt
On Sep 1 2007 18:36, Theo de Raadt wrote: When companies have taken our wireless device drivers, many many of them have given changes and fixes back. Some maybe didn't, but that is OK. For companies it's ok, but for linux people it is not? (1) You do not know how much of the modifications

Re: Fwd: That whole Linux stealing our code thing

2007-09-02 Thread Adrian Bunk
On Sun, Sep 02, 2007 at 01:20:27PM +0200, Igor Sobrado wrote: On Sun, 2 Sep 2007, Alan Cox wrote: You can shout this all you like but you would be wrong. You can remove the licence if you have permission to do so. For the ath c files there was permission to do so. There was permission to do

Re: Fwd: That whole Linux stealing our code thing

2007-09-02 Thread Igor Sobrado
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

Re: Fwd: That whole Linux stealing our code thing

2007-09-02 Thread Alan Cox
On Sun, 02 Sep 2007 13:20:27 +0200 (CEST) Igor Sobrado [EMAIL PROTECTED] wrote: On Sun, 2 Sep 2007, Alan Cox wrote: You can shout this all you like but you would be wrong. You can remove the licence if you have permission to do so. For the ath c files there was permission to do so.

Re: Fwd: That whole Linux stealing our code thing

2007-09-02 Thread Jeff Garzik
Igor Sobrado wrote: 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

Re: Fwd: That whole Linux stealing our code thing

2007-09-02 Thread Alan Cox
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 Not strictly true. They can either agree to a change and issue one or they can convey to other parties the right to change the terms. The GPL for

Re: Fwd: That whole Linux stealing our code thing

2007-09-02 Thread Igor Sobrado
On Sun, 2 Sep 2007, Alan Cox wrote: You can shout this all you like but you would be wrong. You can remove the licence if you have permission to do so. For the ath c files there was permission to do so. There was permission to do so from Reyk Floeter? Really? Your understanding isn't quite

Re: Fwd: That whole Linux stealing our code thing

2007-09-02 Thread Igor Sobrado
On Sun, 2 Sep 2007, Alan Cox wrote: 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 Not strictly true. They can either agree to a change and issue one or they can convey to other parties the

Re: Fwd: That whole Linux stealing our code thing

2007-09-02 Thread Adrian Bunk
On Sun, Sep 02, 2007 at 03:00:46PM +0200, Igor Sobrado wrote: On Sun, 2 Sep 2007, Alan Cox wrote: 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 Not strictly true. They can either agree to a

Re: Fwd: That whole Linux stealing our code thing

2007-09-02 Thread Alan Cox
Not strictly true. They can either agree to a change and issue one or they can convey to other parties the right to change the terms. The GPL for example does this for version selection. So, under a dual-licensed BSD/GPL code the latter license allows a developer to remove the GPL

Re: Fwd: That whole Linux stealing our code thing

2007-09-02 Thread Krzysztof Halasa
IANAL, but: Igor Sobrado [EMAIL PROTECTED] writes: So, under a dual-licensed BSD/GPL code the latter license allows a developer to remove the GPL license itself and release a single-licensed BSD code if other parties want to do it? Of course. If it wasn't legal, dual BSD/GPL would just be

Re: Fwd: That whole Linux stealing our code thing

2007-09-02 Thread Jeff Garzik
Krzysztof Halasa wrote: WRT Atheros driver I'd probably leave the thing as is (i.e., BSD/GPL = in fact BSD), unless something like 50+% of the code is rewritten - it's mostly their hard work after all, isn't it? Not legal requirement, though. Yes. This deserves to be reinforced: There is

Re: Fwd: That whole Linux stealing our code thing

2007-09-02 Thread Bodo Eggert
Igor Sobrado [EMAIL PROTECTED] wrote: When code is multi-licensed it must be distributed under *all* these licensing terms concurrently. No. E.g.: If I don't agree to the GPL (or if I had violated it and therefore have lost it's privileges), I MUST NOT redistribute it under the GPL because I

Re: Fwd: That whole Linux stealing our code thing

2007-09-02 Thread Igor Sobrado
On Sun, 2 Sep 2007, Jeff Garzik wrote: Krzysztof Halasa wrote: WRT Atheros driver I'd probably leave the thing as is (i.e., BSD/GPL = in fact BSD), unless something like 50+% of the code is rewritten - it's mostly their hard work after all, isn't it? Not legal requirement, though. Yes.

Re: Fwd: That whole Linux stealing our code thing

2007-09-02 Thread Al Viro
On Sun, Sep 02, 2007 at 03:00:46PM +0200, Igor Sobrado wrote: Not strictly true. They can either agree to a change and issue one or they can convey to other parties the right to change the terms. The GPL for example does this for version selection. So, under a dual-licensed BSD/GPL code the

Re: Fwd: That whole Linux stealing our code thing

2007-09-02 Thread Matthew Jacob
This has been pretty interesting for me to watch as I distribute my isp driver under a dual license (at least the portions of it which are common with the *BSD and Solaris ports) that is almost identical to Sam's verbiage. I'll admit that I hadn't thought about whether redistribution included

RE: Fwd: That whole Linux stealing our code thing

2007-09-02 Thread David Schwartz
Alan Cox wrote: The ath5k C file in question (not the headers) seems to give recipients permission to further convey the work under a choice of two licences. Correct. It doesn't say they must redistribute under both. Correct. They need the right to redistribute the work, and they may

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-01 Thread Jeff Garzik
Constantine A. Murenin wrote: Indeed, it's upsetting that people like Luis Rodriguez push for the lawyers to be involved to (fight?) an open source project. Why, may I ask? Is it not self-evident? Legal review is the sane course of action, when legal issues are the bone of contention.

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-01 Thread Constantine A. Murenin
On 01/09/07, Theo de Raadt <[EMAIL PROTECTED]> wrote: > When companies have taken our wireless device drivers, many many of > them have given changes and fixes back. Some maybe didn't, but that > is OK. > > When Linux took our changes back, they immediately locked the door > against changes

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-01 Thread Adrian Bunk
On Sat, Sep 01, 2007 at 06:02:26PM -0600, Bob Beck wrote: > >As a free software user and developer, the question I have is how come > >the Linux community feels that they can take the BSD code that was > >reverse-engineered at OpenBSD, and put a more restrictive licence onto > >it, such that there

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-01 Thread Adrian Bunk
On Sat, Sep 01, 2007 at 06:36:36PM -0600, Theo de Raadt wrote: > When companies have taken our wireless device drivers, many many of > them have given changes and fixes back. Some maybe didn't, but that > is OK. > > When Linux took our changes back, they immediately locked the door > against

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-01 Thread Constantine A. Murenin
On 01/09/07, Adrian Bunk <[EMAIL PROTECTED]> wrote: > On Sat, Sep 01, 2007 at 07:29:39PM -0400, Constantine A. Murenin wrote: > > On 01/09/07, Adrian Bunk <[EMAIL PROTECTED]> wrote: > > > On Sat, Sep 01, 2007 at 05:27:03PM -0400, Constantine A. Murenin wrote: > > > > On 01/09/07, Adrian Bunk

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-01 Thread Theo de Raadt
When companies have taken our wireless device drivers, many many of them have given changes and fixes back. Some maybe didn't, but that is OK. When Linux took our changes back, they immediately locked the door against changes moving back, by putting a GPL license on guard. Why does our brother

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-01 Thread Constantine A. Murenin
On 01/09/07, Luis R. Rodriguez <[EMAIL PROTECTED]> wrote: > I urge developers to not bait into this and just leave this alone. > Those involved know what they are doing and have a strong team of > attorneys watching their backs. Any *necessary* discussions are be > done privately. Err... I don't

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-01 Thread Adrian Bunk
On Sat, Sep 01, 2007 at 07:29:39PM -0400, Constantine A. Murenin wrote: > On 01/09/07, Adrian Bunk <[EMAIL PROTECTED]> wrote: > > On Sat, Sep 01, 2007 at 05:27:03PM -0400, Constantine A. Murenin wrote: > > > On 01/09/07, Adrian Bunk <[EMAIL PROTECTED]> wrote: > > > > On Sat, Sep 01, 2007 at

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-01 Thread Bob Beck
>As a free software user and developer, the question I have is how come >the Linux community feels that they can take the BSD code that was >reverse-engineered at OpenBSD, and put a more restrictive licence onto >it, such that there will be no possibility of the changes going back >to OpenBSD,

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-01 Thread Luis R. Rodriguez
I urge developers to not bait into this and just leave this alone. Those involved know what they are doing and have a strong team of attorneys watching their backs. Any *necessary* discussions are be done privately. Luis - To unsubscribe from this list: send the line "unsubscribe linux-kernel"

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-01 Thread Constantine A. Murenin
On 01/09/07, Adrian Bunk <[EMAIL PROTECTED]> wrote: > On Sat, Sep 01, 2007 at 05:27:03PM -0400, Constantine A. Murenin wrote: > > On 01/09/07, Adrian Bunk <[EMAIL PROTECTED]> wrote: > > > On Sat, Sep 01, 2007 at 01:37:18PM -0400, Constantine A. Murenin wrote: > > > > On 01/09/07, Jeff Garzik

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-01 Thread Adrian Bunk
On Sat, Sep 01, 2007 at 03:03:36PM -0700, Sam Leffler wrote: > Adrian Bunk wrote: >> On Sat, Sep 01, 2007 at 01:37:18PM -0400, Constantine A. Murenin wrote: >> >>> On 01/09/07, Jeff Garzik <[EMAIL PROTECTED]> wrote: >>> Constantine A. Murenin wrote: > This will

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-01 Thread Adrian Bunk
On Sat, Sep 01, 2007 at 05:51:49PM -0400, Constantine A. Murenin wrote: > On 01/09/07, Adrian Bunk <[EMAIL PROTECTED]> wrote: > > On Sat, Sep 01, 2007 at 10:54:57PM +0200, Adrian Bunk wrote: > > > On Sat, Sep 01, 2007 at 01:37:18PM -0400, Constantine A. Murenin wrote: > > > > On 01/09/07, Jeff

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-01 Thread Sam Leffler
Adrian Bunk wrote: On Sat, Sep 01, 2007 at 01:37:18PM -0400, Constantine A. Murenin wrote: On 01/09/07, Jeff Garzik <[EMAIL PROTECTED]> wrote: Constantine A. Murenin wrote: This will hopefully help diminish certain myths about the code licensing. What myth? The myth

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-01 Thread Adrian Bunk
On Sat, Sep 01, 2007 at 05:27:03PM -0400, Constantine A. Murenin wrote: > On 01/09/07, Adrian Bunk <[EMAIL PROTECTED]> wrote: > > On Sat, Sep 01, 2007 at 01:37:18PM -0400, Constantine A. Murenin wrote: > > > On 01/09/07, Jeff Garzik <[EMAIL PROTECTED]> wrote: > > > > Constantine A. Murenin wrote:

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-01 Thread Constantine A. Murenin
On 01/09/07, Adrian Bunk <[EMAIL PROTECTED]> wrote: > On Sat, Sep 01, 2007 at 10:54:57PM +0200, Adrian Bunk wrote: > > On Sat, Sep 01, 2007 at 01:37:18PM -0400, Constantine A. Murenin wrote: > > > On 01/09/07, Jeff Garzik <[EMAIL PROTECTED]> wrote: > > > > Constantine A. Murenin wrote: > > > > >

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-01 Thread Constantine A. Murenin
On 01/09/07, Adrian Bunk <[EMAIL PROTECTED]> wrote: > On Sat, Sep 01, 2007 at 01:37:18PM -0400, Constantine A. Murenin wrote: > > On 01/09/07, Jeff Garzik <[EMAIL PROTECTED]> wrote: > > > Constantine A. Murenin wrote: > > > > This will hopefully help diminish certain myths about the code > > > >

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-01 Thread Adrian Bunk
On Sat, Sep 01, 2007 at 10:54:57PM +0200, Adrian Bunk wrote: > On Sat, Sep 01, 2007 at 01:37:18PM -0400, Constantine A. Murenin wrote: > > On 01/09/07, Jeff Garzik <[EMAIL PROTECTED]> wrote: > > > Constantine A. Murenin wrote: > > > > This will hopefully help diminish certain myths about the code

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-01 Thread Jacob Meuser
On Sat, Sep 01, 2007 at 09:30:52PM +0100, Alan Cox wrote: > If OpenBSD wants a world where code must be returned OpenBSD does not want this. OpenBSD wants a world where people do things because they are the right thing to do. OpenBSD lets you decide; it doesn't dictate. someone poo-poos your

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-01 Thread Adrian Bunk
On Sat, Sep 01, 2007 at 01:37:18PM -0400, Constantine A. Murenin wrote: > On 01/09/07, Jeff Garzik <[EMAIL PROTECTED]> wrote: > > Constantine A. Murenin wrote: > > > This will hopefully help diminish certain myths about the code licensing. > > > > What myth? The myth that Theo understands dual

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-01 Thread Alan Cox
> It is illegal to modify a license unless you are the owner/author, > because it is a legal document. If there are multiple owners/authors, Oh dear - Theo, go talk to a lawyer, or do a course on licencing. The owner generally starts with the rights to control who performs acts covered by

Re: Fwd: That whole "Linux stealing our code" thing

2007-09-01 Thread Constantine A. Murenin
On 01/09/07, Jeff Garzik <[EMAIL PROTECTED]> wrote: > Constantine A. Murenin wrote: > > This will hopefully help diminish certain myths about the code licensing. > > What myth? The myth that Theo understands dual licensing? Reyk's code was never dual licensed, so it's not like it even matters to

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