Re: License question

From: Misshielle Wong
Date: Sun Jan 18 2004 - 23:19:00 EST


Hi. Go do your homework. Check the URLs I gave you. The list of GPL-compatible licenses include licenses with the exact same "restrictions", namely the Modified BSD license. The URL is from GNU official page, so it is official that such licenses are accepted.

http://www.gnu.org/licenses/license-list.html

I quote the text from there. It is a close match to the license in question, and has the same "restrictions" you are disputing.


Text from www.gnu.org:
=====
The modified BSD license. http://www.xfree86.org/3.3.6/COPYRIGHT2.html#5
(Note: on the preceding link, the modified BSD license is listed in the "General" section.)

This is the original BSD license, modified by removal of the advertising clause. It is a simple,
permissive non-copyleft free software license, compatible with the GNU GPL.

If you want a simple, permissive non-copyleft free software license, the modified BSD license is a
reasonable choice. However, it is risky to recommend use of ``the BSD license'', because confusion
could easily occur and lead to use of the flawed original BSD license. To avoid this risk, you can
suggest the X11 license instead. The X11 license and the revised BSD license are more or less
equivalent.
=====

Text from www.xfree.org:
=====
2.2.1. General

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. The name of the author may not be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
=====

There. Now stop arguing.


On Sun, 18 Jan 2004 19:29:00 -0800, David Schwartz <davids@xxxxxxxxxxxxx> wrote:


It's really this simple. The GPL allows you to require a copyright notice, disclaimer of liability, and the GPL itself be included in a copy. However, this license also requires you to include additional statements about the requirement to include a copyright notice. Nothing in the GPL permits you to require other notices or license requirements to be in the distribution. So this is an additional restriction.

Please, tell me where the GPL says you are permitted to mandate the inclusion of other license restriction language in the distribution. A statement that you must include a copyright is not itself a copyright notice nor is it a disclaimer of liability.

The license we are discussing requires you to include the following notice:

>> > - Redistributions of source code must retain the above copyright
>> > notice, this list of conditions and the following disclaimers.

This notice is not itself a copyright notice, it's a license term. It's also not a disclaimer of liability. It's also not the GPL. These are the only three things the GPL permits you to mandate.

If you can show me a clause in the GPL that permits you to mandate license requirements other than the text of the GPL itself, please do so. Otherwise, this is an additional restriction.

DS






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