Re: BSD Licensed files in Linux kernel.

From: Aaron Denney (wnoise@ugcs.caltech.edu)
Date: Tue Mar 07 2000 - 11:42:47 EST


On Wed, 8 Mar 2000 Darren Reed <avalon@coombs.anu.edu.au> wrote:
> Whilst the Linux kernel itself is `meant' to be GPL'd, there
> would appear to be some doubt about whether the GPL would allow
> such files to be included (no sub-licensing, etc). Has anyone
> received legal advice about whether those files do in fact
> represent a further restriction that would conflict with the
> GPL ?

Supposedly they did, in the advertising clause, but the Regents of the
University of California relicensed all of their code such that you can
ignore the advertising clause.

(see http://www.opensource.org/licenses/bsd-license.html and
ftp://ftp.cs.berkeley.edu/pub/4bsd/README.Impt.License.Change)

No one has ever sued over it, AFAIK.

Also the GPL says:

# These requirements apply to the modified work as a whole. If
# identifiable sections of that work are not derived from the Program,
# and can be reasonably considered independent and separate works in
# themselves, then this License, and its terms, do not apply to those
# sections when you distribute them as separate works.

Which means we could still distribute them as seperately, should a legal
challenge come up.

> If so, can they still be (re)distributed with Linux ?

It was only a theoretical problem before, now its not even that.

-- 
Aaron Denney
-><-

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