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Re: GPL misappropriation


From: David Kastrup
Subject: Re: GPL misappropriation
Date: Tue, 04 May 2010 16:09:52 -0000
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.1.92 (gnu/linux)

RJack <address@hidden> writes:

> Hyman Rosen wrote:
>> On 3/22/2010 3:41 PM, RJack wrote:
>>> That will never happen. Copyrights are exclusive rights and cannot
>>> be licensed by anyone except the *owner* of a copyright. Releasing
>>> BSD licensed code under the GPL is simply attempting to steal it.
>>
>> BSD-licensed code gives others the right to create derivative works
>> without requiring that those derivative works be licensed under the
>> same terms.
>
> Only the *owner* of code licensed under the BSD license may
> change that license. It's an *exclusive* right.

Licenses are not attached to code, but to transactions.  If I receive
code under the BSD license, that gives me permission to pass it on under
a number of other licenses.  That does not change the copyright
ownership.

> "ยง 106. Exclusive rights in copyrighted works.
> Subject to sections 107 through 122, the owner of copyright under this
> title has the exclusive rights to do and to authorize any of the
> following:. . ."

Yes, and he authorizes me to distribute code licensed under BSD to me
under different terms and conditions, as long as I _myself_ adhere to
the BSD licensing conditions.

> You can't make up your own copyright law -- the federal courts will
> refuse to enforce it.

I don't need to.  That you pretend not to understand BSD licensing does
not mean that the courts don't.

-- 
David Kastrup


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