<br><br><div><span class="gmail_quote">On 9/28/07, <b class="gmail_sendername">dlw</b> <<a href="mailto:danw6144@insightbb.com" target="_blank" onclick="return top.js.OpenExtLink(window,event,this)">danw6144@insightbb.com
</a>> wrote:</span><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
"The Changed Work is allowed only because the original open source licenses<br>on the contributions authorize the making and distribution of changes. I<br>call that "sublicensing", although some lawyers prefer to view it as
<br>"licenses emanating directly from their original licensors". Those are<br>different way of describing the relationship of the parties, but I believe<br>both have the same practical result."</blockquote>
<div><br><br>I think I understand this statement by Mr Rosen. I will let him correct me if my explenation is wrong (IANAL).<br><br>Suppose I write a book and include photographs copyrighted by you. You give me permission to prepare the book which includes the photographs but don't mention sublicensing. This permission would include an implied sublicense right for me to negotiate with a publisher on the publication of the photographs in the book provided that it is part of that work (because I have to show the publisher that they would have the right to distribute your copyrighted material). The argument would be that using BSD (or even GPL) code in a different application under any license (GPL, BSD, proprietary license, etc) would constitute a similar arrangement whether or not the BSD license had to remain intact for those portions used with permission.
<br><br>While I think that the argument that this is not a sublicense but rather a license eminating directly from the licensor is the best way to avoid questions of divisibly, I will also concede that Mr Rosen is correct that it makes no practical difference as to what is allowed (it may affect standing in infringement lawsuits however).
<br><br>The BSD and MIT licenses appear to require notice that the original author grants YOU, the recipient, certain permissions to his or her copyrighted work, and these are not affected by merely including the file in a different work under additional restrictions, nor does it matter how you obtained that specific code.
<br><br>However, like the MS-PL, the BSDL code used with permission and encumbered by no other copyrights is governed only by the BSDL because you have not right to add further restrictions to it.<br> </div><br><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
The GPL states:<br><br> "b) You must cause any work that you distribute or publish, that in<br>whole or in part contains or is derived from the Program or any part<br>thereof, to be licensed as a whole at no charge to all third parties
<br>under the terms of this License."</blockquote><div><br><br>Nothing in that section precludes portions of the application carrying additional permissions from the copyright holder of the code in question. This is distinct from the work as a whole license.
<br><br>Think of it this way. Suppose I get an anthology of Shakespeare's works. The anthology as a whole is copyrighted and all rights are reserved, but if I copy a single sonnet out of it, I have not violated their copyrights and so they have no cause of auction. Each individual element may be public domain, but the selection and ordering of the work may provide a set of restrictions on that work as a whole.
<br><br>The GPL v2 is very clear about this, stating that it only exercises the right to control derivative and collected works, and hence does not impact how components may be distributed separately.<br></div><br><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
Any judge in this United States, while holding his copy of the GPL<br>license in his own hands, will *not* interpret the plain meaning of the<br>contractual words "this license" in sec. 2(b) to mean "licenses
<br>emanating directly from their original licensors."
</blockquote><div><br><br>That same judge will probably also ask "who holds the copyrights in question?" This would be part of determining whether the individual has standing to sue. At least one circuit (the 9th) has a very limited interpretation of sublicense rights (see Gardner v. Nike, 2002, for a case that surprised a lot of lawyers in this regard). I live in Washington, which is under the jurisdiction of that circuit.
<br></div><br><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">The term "this license" obviously means the copy of the GPL he is<br>
holding in his own hands. To claim otherwise calls for the willing
<br>suspension of disbelief.<br><br></blockquote></div><br>Not at all. The judge would likely see "this license" as the legal contract in question, and be forced to determine what it covers, whether there are similar other agreements between any of the parties relating to portions of the code in question, etc. The copy of the GPL (or any other open source liense) that the judge holds in his/her hands does not answer any of these important questions.
<br><br>Best Wishes,<br>Chris Travers<br>