License Question

Chuck Swiger cswiger at mac.com
Sun Nov 27 01:57:31 GMT 2005


Manolo Fredricks wrote:
[ ... ]
>   If I make modifications to FreeBSD and then distribute it (the modified FreeBSD) to others:

Note that the details depend upon what part of FreeBSD you change, but the two 
general licenses are /COPYRIGHT (aka the "new" or "modified" BSD license) and 
the GPL (/usr/src/gnu/COPYING and too many others).

>   1. Must I provide the source code or can I choose not to?

BSD: no, GPL: yes, but see clause 3c:

    c) Accompany it with the information you received as to the offer
     to distribute corresponding source code.  (This alternative is
     allowed only for noncommercial distribution and only if you
     received the program in object code or executable form with such
     an offer, in accord with Subsection b above.)

If you don't change the GPL'ed components of a FreeBSD release, you are allowed 
to point people back to the corresponding FreeBSD release sources.  In other 
words, you can set up a shrinkwrapped appliance using third-party code and not 
have to provide the source code to your specific application.

You might want to consider the Nokia firewall boxes as an example.

>   2. Must I license it under the FreeBSD license? 

The existing code already is under the BSD or GPL licenses.  You can modify the 
code according to those licenses, and you can modify the code or combine it 
with external code which may result in the creation of a derivative work.

> 3. Can I license it under my own terms/license? If so, must I reproduce the
> FreeBSD copyright notice and the disclaimer and if so, where?

You would probably need to talk to a laywer if you want to relicense the 
FreeBSD codebase, and I'm not one.

Out of curiosity, what would be the terms of your license?
(If you're not willing to answer publicly, OK, but see above.)

>   4. Who owns the copyright to my modifications, me or FreeBSD?

You do. [1]

>   5. Must I contribute my modifications back to the FreeBSD project or can I choose not to?

Nope-- you have the right to make private modifications of BSD code and 
redistribute them, or choose not to.  For GPL code, see clause 3 a-c.

>   Appreciate your feedback.

Sure.  Have fun,

-- 
-Chuck

[1] This is assuming your changes are significant enough to merit copyright 
protection in their own right; trivial changes like one-line patches, etc would 
not....



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