• FreeBSD legacy license with restrictions on copyright notice placement

    From Richard Fontana@21:1/5 to All on Fri Sep 16 21:00:01 2022
    Greetings debian-legal!

    I understand Debian includes the package libbsd in Debian main. This
    package includes a man page with the following license (see https://git.hadrons.org/cgit/debian/pkgs/libbsd.git/tree/debian/copyright#n214)

    License: BSD-5-clause-Peter-Wemm
    Redistribution and use in source and binary forms, with or without
    modification, is permitted provided that the following conditions
    are met:
    1. Redistributions of source code must retain the above copyright
    notice immediately at the beginning of the file, without modification,
    this list of conditions, and the following disclaimer.
    2. Redistributions in binary form must reproduce the above copyright
    notice, this list of conditions and the following disclaimer in the
    documentation and/or other materials provided with the distribution.
    3. This work was done expressly for inclusion into FreeBSD. Other use
    is permitted provided this notation is included.
    4. Absolutely no warranty of function or purpose is made by the author
    Peter Wemm.
    5. Modifications may be freely made to this file providing the above
    conditions are met.

    I'm curious if there are opinions on why "must retain the above
    copyright notice immediately at the beginning of the file" is
    consistent with the DFSG. This is one of a variety of 1990s FreeBSD
    3-clause BSD variants with such a feature.

    Richard

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  • From Sam Hartman@21:1/5 to All on Fri Sep 16 22:10:01 2022
    "Richard" == Richard Fontana <[email protected]> writes:

    Richard> I'm curious if there are opinions on why "must retain the
    Richard> above copyright notice immediately at the beginning of the
    Richard> file" is consistent with the DFSG. This is one of a variety
    Richard> of 1990s FreeBSD 3-clause BSD variants with such a feature.

    Well, under DFSG 4, the license could have required that no
    modifications be made to the source file at all:

    4. Integrity of The Author's Source Code
    The license may restrict source-code from being distributed in
    modified form only if the license allows the distribution of "patch
    files" with the source code for the purpose of modifying the
    program at build time. The license must explicitly permit
    distribution of software built from modified source code. The
    license may require derived works to carry a different name or
    version number from the original software. (This is a compromise.
    The Debian group encourages all authors not to restrict any files,
    source or binary, from being modified.)

    So, it would be DFSG compatible if the license required an unmodified
    file be distributed that was patched at build time.
    This is clearly a lot better than that, and appears to grant our users
    the same freedoms as would be the case if DFSG 4 were needed.

    So I'll toss it back to you:
    which condition of the DFSG would be violated by this license?

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  • From Richard Fontana@21:1/5 to [email protected] on Fri Sep 16 22:30:01 2022
    On Fri, Sep 16, 2022 at 4:03 PM Sam Hartman <[email protected]> wrote:

    "Richard" == Richard Fontana <[email protected]> writes:

    Richard> I'm curious if there are opinions on why "must retain the
    Richard> above copyright notice immediately at the beginning of the
    Richard> file" is consistent with the DFSG. This is one of a variety
    Richard> of 1990s FreeBSD 3-clause BSD variants with such a feature.

    Well, under DFSG 4, the license could have required that no
    modifications be made to the source file at all:

    4. Integrity of The Author's Source Code
    The license may restrict source-code from being distributed in
    modified form only if the license allows the distribution of "patch
    files" with the source code for the purpose of modifying the
    program at build time. The license must explicitly permit
    distribution of software built from modified source code. The
    license may require derived works to carry a different name or
    version number from the original software. (This is a compromise.
    The Debian group encourages all authors not to restrict any files,
    source or binary, from being modified.)

    So, it would be DFSG compatible if the license required an unmodified
    file be distributed that was patched at build time.
    This is clearly a lot better than that, and appears to grant our users
    the same freedoms as would be the case if DFSG 4 were needed.

    Ah, good point. I had forgotten about this.

    Richard

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