BSDL/GPL v3 compatibility

[dlw]

Mr Scott commits two fundamental mistakes:

First he confuses the binding "scope" of contractual agreements which 
are privity constrained with the  "scope of use" restrictions in a 
copyright grant of use which is a statutory "right against the World".

Secondly he  fails to appreciate the fact  that  the BSD license is a 
non-exclusive license which cannot authorize a NON-OWNER of a copyright 
to "sublicense" an original copyright owners  work.  The  text  of  17 
USC 106 states:

"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: . . ."

Now if someone besides the owner could "authorize" then the sec. 106 
rights wouldn't  be exclusive would they?