Joerg Schilling
2015-Apr-27 19:28 UTC
[CentOS] Real sh? Or other efficient shell for non-interactive scripts
Les Mikesell <lesmikesell at gmail.com> wrote:> On Mon, Apr 27, 2015 at 1:46 PM, Always Learning <centos at u64.u22.net> wrote: > > > >> Yes, in english, 'work as a whole' does mean complete. And the normal > >> interpretation is that it covers everything linked into the same > >> process at runtime unless there is an alternate interface-compatible > >> component with the same feature set. > > > > That may be the USA interpretation but on the other, European, side of > > the Atlantic I believe > > > > "as a whole" means generally BUT allowing for exceptions. > > OK, great. That clears it up then.Maybe this helps: The BSD license does not permit to relicense the code, so you cannot put BSD code under the GPL. This was e.g. explained by Theo de Raath some years ago already. The result was that Linux people did remove the GPL header from all BSDd Linux source files that have not been 100% written by the same person that added the GPL header. The BSD license permits to mix a source file under BSD license with some lines under a different license if you document this. But this is not done in all cases I am aware of. Up to now, nobody could explain me how a mixture of GPL and BSD can be legal as this would require (when following the GPL) to relicense the BSD code under GPL in order to make the whole be under GPL. In other words, if you can legally combine BSD code with GPL code, you can do with GPL and CDDL as well. J?rg -- EMail:joerg at schily.net (home) J?rg Schilling D-13353 Berlin joerg.schilling at fokus.fraunhofer.de (work) Blog: http://schily.blogspot.com/ URL: http://cdrecord.org/private/ http://sourceforge.net/projects/schilytools/files/'
Les Mikesell
2015-Apr-27 20:57 UTC
[CentOS] Real sh? Or other efficient shell for non-interactive scripts
On Mon, Apr 27, 2015 at 2:28 PM, Joerg Schilling <Joerg.Schilling at fokus.fraunhofer.de> wrote:> > > >> > "as a whole" means generally BUT allowing for exceptions. >> >> OK, great. That clears it up then. > > Maybe this helps: > > The BSD license does not permit to relicense the code, so you cannot put BSD > code under the GPL.Yes, if you mean what is described here as 'the original 4-clause' license, or BSD-old: http://en.wikipedia.org/wiki/BSD_licenses> The BSD license permits to mix a source file under BSD license with some lines > under a different license if you document this. But this is not done in all > cases I am aware of.But you can't add the 'advertising requirement' of the 4-clause BSD to something with a GPL component because additional restrictions are prohibited.> Up to now, nobody could explain me how a mixture of GPL and BSD can be legal as > this would require (when following the GPL) to relicense the BSD code under GPL > in order to make the whole be under GPL. > > In other words, if you can legally combine BSD code with GPL code, you can do > with GPL and CDDL as well.You can't do either if you are talking about the BSD-old license (which also isn't accepted as open source by the OSI). Fortunately, the owners of the original/official BSD were nice guys and removed the GPL incompatible clause, with the Revised BSD License being recognized as both open source and GPL-compatible. But that hasn't - and probably can't - happen with CDDL, so the only working option is dual licensing. -- Les Mikesell lesmikesell at gmail.com
Joerg Schilling
2015-Apr-27 21:04 UTC
[CentOS] Real sh? Or other efficient shell for non-interactive scripts
Les Mikesell <lesmikesell at gmail.com> wrote:> On Mon, Apr 27, 2015 at 2:28 PM, Joerg Schilling > <Joerg.Schilling at fokus.fraunhofer.de> wrote: > > > > > >> > "as a whole" means generally BUT allowing for exceptions. > >> > >> OK, great. That clears it up then. > > > > Maybe this helps: > > > > The BSD license does not permit to relicense the code, so you cannot put BSD > > code under the GPL. > > Yes, if you mean what is described here as 'the original 4-clause' > license, or BSD-old: > http://en.wikipedia.org/wiki/BSD_licensesDo you like to discuss things or do you like to throw smoke grenades?> > The BSD license permits to mix a source file under BSD license with some lines > > under a different license if you document this. But this is not done in all > > cases I am aware of. > > But you can't add the 'advertising requirement' of the 4-clause BSD to > something with a GPL component because additional restrictions are > prohibited. > > > Up to now, nobody could explain me how a mixture of GPL and BSD can be legal as > > this would require (when following the GPL) to relicense the BSD code under GPL > > in order to make the whole be under GPL. > > > > In other words, if you can legally combine BSD code with GPL code, you can do > > with GPL and CDDL as well. > > You can't do either if you are talking about the BSD-old license > (which also isn't accepted as open source by the OSI). Fortunately, > the owners of the original/official BSD were nice guys and removed the > GPL incompatible clause, with the Revised BSD License being recognized > as both open source and GPL-compatible. But that hasn't - and > probably can't - happen with CDDL, so the only working option is dual > licensing.It seems that you are not interested in a sesrious discussion. The 4-clause BSD license is not a valid OSS license and all original BSD code was converted by addict of the president of UC-Berleley. So you claim that there is 4-clause BSD code in the Linux kernel? You are kidding :-( J?rg -- EMail:joerg at schily.net (home) J?rg Schilling D-13353 Berlin joerg.schilling at fokus.fraunhofer.de (work) Blog: http://schily.blogspot.com/ URL: http://cdrecord.org/private/ http://sourceforge.net/projects/schilytools/files/'
Gordon Messmer
2015-Apr-27 21:59 UTC
[CentOS] Real sh? Or other efficient shell for non-interactive scripts
On 04/27/2015 12:28 PM, Joerg Schilling wrote:> Up to now, nobody could explain me how a mixture of GPL and BSD can be legal as > this would require (when following the GPL) to relicense the BSD code under GPL > in order to make the whole be under GPL.The GPL doesn't require that you relicense any non-GPL parts of the whole. It requires that the whole "be licensed ... at no charge to all third parties under the terms of this License" The whole, containing portions which are BSD licensed, does not place any additional restrictions or responsibilities upon recipients, and therefore satisfies the requirements of GPL2 section 2.b.> In other words, if you can legally combine BSD code with GPL code, you can do > with GPL and CDDL as well.No, you can't. Section 6 of the GPL states that "You may not impose any further restrictions on the recipients' exercise of the rights granted herein." CDDL however, does contain additional restrictions. Moreover, the exclusion is mutual. Section 3.4 of the CDDL states "You may not offer or impose any terms on any Covered Software in Source Code form that alters or restricts the applicable version of this License or the recipients' rights hereunder." The GPL2 restricts the recipients rights in ways that the CDDL does not. I'm not able to find any information about actual court decisions about compatibility between GPL 2 or 3 and CDDL or MPL 1.1 (upon which CDDL was based). The FSF regards MPL 1.1 and CDDL as incompatible with GPL. If you and your lawyers disagree, you might end up as the first to establish a court precedent. Only you can decide for yourself if that is a risk you would like to undertake, and if the value of testing that notion is worth the costs. Until then, any claim that the two are compatible is naive.
Joerg Schilling
2015-Apr-28 08:50 UTC
[CentOS] Real sh? Or other efficient shell for non-interactive scripts
Gordon Messmer <gordon.messmer at gmail.com> wrote:> On 04/27/2015 12:28 PM, Joerg Schilling wrote: > > Up to now, nobody could explain me how a mixture of GPL and BSD can be legal as > > this would require (when following the GPL) to relicense the BSD code under GPL > > in order to make the whole be under GPL. > > The GPL doesn't require that you relicense any non-GPL parts of the > whole. It requires that the whole "be licensed ... at no charge to all > third parties under the terms of this License"You missread the GPL. Ask a lawyer for help. The GPL demands (in case you ship binaries and only in this case) no more than to put the GPL work under GPL and to make anything, needed to re-create the binary, to be made available under a license that allows redistribution. See e.g. the book about the GPL from the lawyers of Harald Welte. http://www.oreilly.de/german/freebooks/gplger/pdf/025-168.pdf See page 85 (PDF page 60) see the lower half of the paragraph numbered "23".> > In other words, if you can legally combine BSD code with GPL code, you can do > > with GPL and CDDL as well. > > No, you can't. Section 6 of the GPL states that "You may not impose any > further restrictions on the recipients' exercise of the rights granted > herein." CDDL however, does contain additional restrictions.I recommend you not to repeat false claims from uninformed people. If you did read the CDDL, you did of course know that the CDDL places "work limits" at file limits and that the CDDL does not try to impose any restriction on sources that are not in a file marked as CDDLd. So the CDDL of course does create any restriction on a GPLd work. On the other side, the GPL does create restrictions on other sources, but it just requires other sources (if needed to recreate the shipped binary) to be shipped together with the GPLd work. The GPL of course does not impose any further restrictions on _other_ sources under a different license. Given the fact that the official cdrtools source tarball includes everything to recreate the binary, everything is legal unless you make unlawful changes to the original source. So calm down, read the GPL and the CDDL by your own - repeat this - until you fully understand both licenses. J?rg -- EMail:joerg at schily.net (home) J?rg Schilling D-13353 Berlin joerg.schilling at fokus.fraunhofer.de (work) Blog: http://schily.blogspot.com/ URL: http://cdrecord.org/private/ http://sourceforge.net/projects/schilytools/files/'
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