Ownership of Samba code [Was: Re: VxFS quotas]

Jeremy Allison jeremy at valinux.com
Wed Mar 28 15:54:12 GMT 2001

On Wed, Mar 28, 2001 at 09:54:15AM +0100, Peter Galbavy wrote:
> > The BSD license says that the code may be reused provide that you mention
> > the copyright holder, so branching it and adopting GPL license wouldn't
> > fall in this definition?
> I really do not want to get involved in a license religious war, but I would
> like to point to this typical BSD license condition:
>  * 1. Redistributions of source code must retain the above copyright
>  *    notice, this list of conditions and the following disclaimer.
> So, in simple terms, no, you cannot "just branch" and change it.
> But OTOH in real terms, you can if you are careful and ringfence old and new
> code.

But the list of conditions on the new BSD license is
completely compatible with the GPL - as it no longer
contains the "advertising" clause or university clause.

So I think a 4 condition BSD change to GPL isn't possible,
but a 2 condition BSD change to GPL certainly is.

Othewise it would be strange for BSD code to be able to
be used in Microsoft and NetApp proprietry code (which have
significantly stricter licenses than the GPL :-), yet not
to be used in a GPL product. After all, it's the intent
of the authors that it can be used in any way the user
wishes, so long as they don't claim ownership.


Buying an operating system without source is like buying
a self-assembly Space Shuttle with no instructions.

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