License compatibility of MS-PL and MS-CL (Was: (RE: Groklaw's OSI item (was: When will CPAL actually be _used_?))

Alexander Terekhov alexander.terekhov at
Thu Aug 23 17:39:41 UTC 2007

On 8/23/07, Michael R. Bernstein <michael at> wrote:
> Despite your arguments to the contrary, "you may do so only under this
> license" to me still means that you cannot, for example, pull *in* BSD
> or other permissively licensed code and create a derivative work
> distributed as source where the file as a whole is under the MS-PL but
> the portion added is also under BSD.

If the BSD portion added is independent and separate computer program
work under U.S. copyright law (literary work modulo the AFC test) then
"the file as a whole" isn't a derivative work in copyright sense
either (meaning that only a portion of it is under the MS-PL). Is it
really that hard to grasp?

This whole "incompatibility" mess is the product of "free" software
activists and likes of Trolltech and MySQL pushing GNUish view on
"derived works" with agenda being: what's yours is ours, what's mine
is mine, would you please fill out the copyright assignment form (you
may instead pay for our far less infective "commercial" license, BTW),
vielen Dank.


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