*BSD News Article 56997


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From: jkh@violet.berkeley.edu (Jordan K. Hubbard)
Newsgroups: comp.os.linux.advocacy,comp.unix.bsd.freebsd.misc,comp.unix.advocacy,comp.unix.misc
Subject: Re: Linux vs FreeBSD
Date: 7 Dec 1995 10:26:32 GMT
Organization: University of California, Berkeley
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In article <DJ6y7H.MIE@kroete2.freinet.de>,
Erik Corry <erik@kroete2.freinet.de> wrote:
>I'm basing this on a post I have unfortunately lost from Russel
>Nelson (I think. Or was it Alan Cox? I may be getting them mixed
>up because of the Welsh connection). He said he had consulted
>a lawyer on the subject, who told him that the prohibition
>against using certain names in advertising in the BSD license
>counts as an additional restriction in the sense of the GPL,
>and hence they conflict.

That is utterly absurd.  The BSD copyright claims that you can't
use the name of UCB or the Regents in advertising.  That is,
you can't put "FooBSD - the official operating system of
the University of California, Berkeley!" all over your CD cover.

This is an "encumbrance?"  I can't put "Official Operating System
of the U.S. Olympic Team" on the cover either, but that hardly
constitutes a hardship.
 
I'm sorry, but this is the most specious argument I've heard
in a long time.  The BSD copyright is about as close to "public
domain" as you can get.  Acknowledge the contributors and you
can do whatever the heck else you like.  The GPL puts a whole
raft of extra restrictions on how the software must be distributed
or changed, and that is why we're less than willing to use it
for our kernels - the question of distributing source for
binaries (especially if you're producing some product like
"router on a floppy") just gets too complex.

Also, just for the record, we HAVE done kernels that had GPL'd code
in them.  This is not a religious issue, despite frequent visits to
that side of the debating fence, this is an issue of trying to
keep the "cost" of doing commercial versions as low as possible.
Sometimes we've felt that the benefit of some bit of code offset
this cost enough that we put GPL stuff in the kernel for a time
(until another solution could be found), and we're hardly entirely
inflexible about it - we wouldn't even have compiler technology
if we were!

>compatible, it would probably result in a tendency towards
>everything becoming GPLed sooner or later, which might irritate

Nope.  GPL == greater complexity, not less, and I'd much rather
see a migration in the direction of lesser complexity.  Less
complex wins for me every time!

Also, we have no objection whatsoever to our code ending up
in a GPL'd product!  We just don't chose to use that license
ourselves.  That distinction IS important, my friend!

					Jordan