*BSD News Article 56784


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From: haertel@ichips.intel.com (Mike Haertel)
Newsgroups: comp.os.linux.advocacy,comp.unix.bsd.freebsd.misc,comp.unix.advocacy,comp.unix.misc
Subject: Re: Linux vs FreeBSD
Date: 12 Dec 1995 18:18:42 GMT
Organization: Intel Corporation, Hillsboro, Oregon, USA
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Message-ID: <4akh22$b8s@news.jf.intel.com>
References: <489kuu$rbo@pelican.cs.ucla.edu> <DJ3DM7.n0L@kroete2.freinet.de> <4ag0pi$rqg@sundog.tiac.net> <4aianr$52o@daffy.anetsrvcs.uwrf.edu>
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In article <4aianr$52o@daffy.anetsrvcs.uwrf.edu>,
BENJAMIN A LINDSTROM <bl03@uwrf.edu> wrote:
>Sorry..It's very hard to take something out of GPL once it's in it.=)
>You have to re-write all the parts that are GPLed.  So this part of your
>logic is not really good.=)  Try again!

You're wrong.  Putting something under the GPL in no way gives up
your legal rights to it.

If you are the sole author of a GPL'd product, you can redistribute it
under any terms you please.  However you cannot prevent the people who
got it under the GPL from redistributing that copy.

So, for example, if I am the sole author of Foobar-1.0 and distributed
under the GPL, there's nothing to stop me from going proprietary
with Foobar-1.1.  (It wouldn't really make sense to go propreitary
with Foobar-1.0 since people could still get the GPL'd version.)

The situation is much different when there are multiple authors.
If I had accepted contributions from other people in Foobar-1.1 then
I would have to get either permission or assignment of copyright
from each of the contributors before changing the licensing terms.

This is why it would be very hard to un-GPL the Linux kernel--it has
contributions from literally hundreds of authors, all of whom made
their work available under the GPL, and all of whom would have to agree
to a change of licensing terms.  (Or you could rewrite all parts of
the kernel written by authors who didn't agree with your new licensing
terms--but, especially due to Linus' lack of formal revision control,
it would be very hard to determine who wrote what, so you'd basicly
have to rewrite the whole thing.)