Re: [gentoo-user] Optional /usr merge in Gentoo

[Alan McKinnon <alan.mckinnon@gmail.com>]

On 27/08/2013 09:59, Joerg Schilling wrote:
> Alan McKinnon <alan.mckinnon@gmail.com> wrote:
> 
>>> People who believe that there is a problem use a wrong interpretation of the 
>>> GPL. The CDDL definitely does not prevent combinations with other software.
>>
>> The problem is not with CDDL, the problem is with the GPL.
>>
>> ZFS in the kernel requires that ZFS as shipped be relicensed as GPL, it
>> forms a derivative work of the kernel. No external license can change
>> the terms of the GPL.
> 
> The law can!
> 
> The GPL is in conflict with the law and therefore the parts you have in mind 
> are just void.

Which law is the GPL in conflict with, and in which jurisdiction, and
what is the extent of the conflict?

To the best of my knowledge, what you claim has not been tested in a
court of law with jurisdiction, and is not a matter of law. Until that
happens, it is an untested legal opinion and as we know, opinions can vary.

The kernel devs have their position, you have yours. In this case, the
opinion of the kernel devs is the one that carries as they control what
does and does not ship.


> 
> BTW: I am still waiting for a legally acceptable explanation on why the GPL
> should be compatible to the BSD license. Note that the BSD license is very 
> liberal, but it definitely does not permit to relicense code that was published
> under the BSD license withour written permission of the Copyright holder.

There is no requirement that the GPL should be compatible with the BSD
license. The GPL only requires that derivative works comply with the
terms of the GPL.

If BSD code is shipped with GPL code and the BSD code is the derivative
work, the BSD license does not demand that the code be published.
However, the GPL does so the entire codebase is published under the
terms of the GPL. Thus the conditions of both licenses are satisfied,
and no relicensing is involved.

> 
> So is the problem just a social problem given the fact that Linux comes with 
> BSD licensed parts?

I don't follow your reasoning here. How does the BSD license affect CDDL
code in this case?


> 
> Jörg
> 


-- 
Alan McKinnon
alan.mckinnon@gmail.com