Is such restriction acceptable

[Remi Collet]

Hi,

Reviewing an old package [1] , I notice the LICENSE text (BSD-3) from
the headers [2] includes:

This code cannot simply be copied and put under the GNU Public License
or any other GPL-like (LGPL, GPL2) License.

Is it acceptable ?

If not... will have to drop this package from fedora...

Remi

[1] https://apps.fedoraproject.org/packages/php-pecl-radius
[2] https://github.com/LawnGnome/php-radius/blob/master/radius.c

[Adam Saunders]

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Hi Remi,

The copyright holder appears to be stating that you can't take the code, 
remove the BSD-3 license, and replace the BSD License with a GPL or LGPL 
license. If that's so, that's correct. One CAN incorporate code licensed 
under the 3-clause BSD license into GPLed programs, but one MUST include 
the 3-clause BSD license text when one distributes such combined code.

However, there is some ambiguity in the sentence you've noted with 
regard to the intent of the copyright holder. Perhaps it would be 
worthwhile to contact that person to get a written clarification?

Adam

On 03/16/2014 03:40 AM, Remi Collet wrote:
> Hi,
>
> Reviewing an old package [1] , I notice the LICENSE text (BSD-3) from
> the headers [2] includes:
>
> This code cannot simply be copied and put under the GNU Public License
> or any other GPL-like (LGPL, GPL2) License.
>
> Is it acceptable ?
>
> If not... will have to drop this package from fedora...
>
> Remi
>
> [1] https://apps.fedoraproject.org/packages/php-pecl-radius
> [2] https://github.com/LawnGnome/php-radius/blob/master/radius.c
> _______________________________________________
> legal mailing list
> [e-mail]
> https://admin.fedoraproject.org/mailman/listinfo/legal

[Richard Fontana]

On Sun, Mar 16, 2014 at 11:18:46AM -0400, Adam Saunders wrote:
> DISCLAIMER: This email does not contain legal advice. This email also
> does not establish a solicitor-client relationship. You should
> neither take nor fail to take any action based on any information
> in this email. If you have a legal issue, then retain legal counsel.
>
> Hi Remi,
>
> The copyright holder appears to be stating that you can't take the
> code, remove the BSD-3 license, and replace the BSD License with a
> GPL or LGPL license. If that's so, that's correct. One CAN
> incorporate code licensed under the 3-clause BSD license into GPLed
> programs, but one MUST include the 3-clause BSD license text when
> one distributes such combined code.
>
> However, there is some ambiguity in the sentence you've noted with
> regard to the intent of the copyright holder. Perhaps it would be
> worthwhile to contact that person to get a written clarification?

Similar language is at the end of the SSLeay half of the OpenSSL license:
> The licence and distribution terms for any publically available version or
> derivative of this code cannot be changed.  i.e. this code cannot simply be
> copied and put under another distribution licence
> [including the GNU Public Licence.]

- RF
> Adam
>
> On 03/16/2014 03:40 AM, Remi Collet wrote:
> > Hi,
> >
> > Reviewing an old package [1] , I notice the LICENSE text (BSD-3) from
> > the headers [2] includes:
> >
> > This code cannot simply be copied and put under the GNU Public License
> > or any other GPL-like (LGPL, GPL2) License.
> >
> > Is it acceptable ?
> >
> > If not... will have to drop this package from fedora...
> >
> > Remi
> >
> > [1] https://apps.fedoraproject.org/packages/php-pecl-radius
> > [2] https://github.com/LawnGnome/php-radius/blob/master/radius.c
> > _______________________________________________
> > legal mailing list
> > [e-mail]
> > https://admin.fedoraproject.org/mailman/listinfo/legal
> legal mailing list
> [e-mail]
> https://admin.fedoraproject.org/mailman/listinfo/legal