BSD-like licenses and the OSI approval process

[Arnoud Engelfriet]

John Cowan wrote:
> Arnoud Engelfriet scripsit:
> > I agree. You can distribute BSD-licensed works under any license
> > you want, provided you meet the conditions in the BSD license
> > (and don't hold the authors liable for any damages).
> 
> I still don't see what gives you the authority to do that.  You
> can license *derivative* works as you like, and you can license
> (as in general) a *collective* work as you like, but the original
> work?  How do you get the power to license that?

Good point. When I wrote the above, I was thinking indeed of
collective or derivative works, where all you have to do is
ensure you retain the copyright notice, list of conditions
and disclaimer.

When you are merely passing on a copy of the original BSD work,
I agree with you that you can't slap a different set of license
conditions on that copy. I should have thought that through more.

In some circumstances you could impose terms on the recipient
of your copy, by making those terms a condition of your distributing
the copy to him. For example, "I will give you a copy, but only
if you agree not to sue me if the code has bugs". That's not
putting terms on the BSD work but on the act of distribution
that you're going to perform.

Arnoud

-- 
Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
              Arnoud blogt nu ook: http://blog.iusmentis.com/