Implications for switching licenses mid-stream
andrew.wilson at intel.com
Tue Apr 22 21:54:18 UTC 2008
Ben Tilly wrote:
> arnoud at engelfriet.net wrote:
>> This is probably legal nitpicking, but I don't see sublicensing or
>> relicensing rights in the BSD license, so I'm not sure that I can
>> simply apply a new license to a BSD codebase as such. For derivative
>> works, sure. But for the unmodified codebase?
> If I reissue the work with nothing changed by the copyright statement,
> the work has been modified so isn't it now a derivative work?
This question straddles the interesting line between what
licenses allow versus what the developer community expects in
terms of etiquette. The new-BSD license probably allows this
de minimus definition of a derivative -- and I have in fact seen
such code "in the wild" where BSD code is passed through
unaltered, save for the addition of a GPL header -- but it could be
interpreted as a "hostile takeover" if the original BSD copyright
owners are not in favor of creating a GPL-licensed variant.
I would tread carefully here.
If the GPL-licensed variant has substantive new features, of course,
this question becomes moot (the GPL version is clearly a fork).
IANAL, TINLA, usual disclaimers.
Intel open source technology center
More information about the License-discuss