Correct use of fsck_msdosfs

Tue Apr 21 17:48:39 UTC 2009

Even Rognlien wrote:
> Good afternoon,
> 
> We are using fsck_msdosfs in one of our products, and are trying to
> comply with the conditions in the correct way. We get a bit confused
> with the copyright notices, and hopy you are able to clarify this for
> us. Inside the source files found at
> http://www.freebsd.org/cgi/cvsweb.cgi/src/sbin/fsck_msdosfs/ , we find
> the following copyright text

You do understand that the freebsd-questions at freebsd.org mailing list is not
an official mouthpiece for the FreeBSD project, but rather a collection of FreeBSD 
users from all round the world?  We can offer advice and opinions about your
questions, but we can't give you a definitive answer.  If your legal people need something more authoritative, probably the best place to start is with the FreeBSD foundation: http://www.freebsdfoundation.org

> ************************************************************************
> *******************************************************
> /*
>  * Copyright (C) 1995 Wolfgang Solfrank
>  * Copyright (c) 1995 Martin Husemann
>  *
>  * Redistribution and use in source and binary forms, with or without
>  * modification, are permitted provided that the following conditions
>  * are met:
>  * 1. Redistributions of source code must retain the above copyright
>  *    notice, 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. All advertising materials mentioning features or use of this
> software
>  *    must display the following acknowledgement:
>  *	This product includes software developed by Martin Husemann
>  *	and Wolfgang Solfrank.
>  * 4. Neither the name of the University nor the names of its
> contributors
>  *    may be used to endorse or promote products derived from this
> software
>  *    without specific prior written permission.
>  *
>  * THIS SOFTWARE IS PROVIDED BY THE AUTHORS ``AS IS'' AND ANY EXPRESS OR
>  * IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
> WARRANTIES
>  * OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
> DISCLAIMED.
>  * IN NO EVENT SHALL THE AUTHORS BE LIABLE FOR ANY DIRECT, INDIRECT,
>  * INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
> BUT
>  * NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
> USE,
>  * DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
>  * THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
>  * (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
> OF
>  * THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
>  */
> ************************************************************************
> **************************************************************
> 
> 
> Then, under the Free BSD Legal Notices, under which it seems that
> fsck_msdosfs resides, we find the following FreeBSD Copyright notice:
> 
> 
> ************************************************************************
> **************************************************************
> 
> Copyright 1994-2009 The FreeBSD Project. All rights reserved.
> 
> Redistribution and use in source and binary forms, with or without
> modification, are permitted provided that the following conditions are
> met:
> 
> 1. Redistributions of source code must retain the above copyright
> notice, 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. 
> 
> THIS SOFTWARE IS PROVIDED BY THE FREEBSD PROJECT ``AS IS'' AND ANY
> EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
> IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
> PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FREEBSD PROJECT OR
> CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
> EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
> PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
> PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
> LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
> NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
> SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
> 
> The views and conclusions contained in the software and documentation
> are those of the authors and should not be interpreted as representing
> official policies, either expressed or implied, of the FreeBSD Project.
> 
> ************************************************************************
> **************************************************************
> 
> How do these two copyright texts relate to each other, and how do we use
> them in the correct way? This is particularly relevant to sort out when
> we do redistribution in binary, where the copyright text needs to be
> provided. Do we provide both, or just the one or the other?

The copyright notice included in the source code for the application
takes precedence.  Note that copyright is still asserted by the original
authors of the software, and also seems to involve whatever University both
of those people were attending in 1995.

However, apart from clauses 3 and 4 of the original copyright, the two
license notices are equivalent, and may be summarized as follows:

   You can do what you want with this software so long as you
   acknowledge the original authors / copyright holders.

The requirement to reproduce the copyright notice can be handled via a 
web site -- for instance, see:

   http://technet.microsoft.com/en-us/library/cc770985.aspx

(Luigi Rizzo mentioned on that page is a prominent FreeBSD contributor)

If you're producing a shrink-wrapped software product then just adding
the text somewhere in any supporting manuals or other paperwork will be
sufficient.

With respect to clauses 3 and 4 --  you simply have to list the names of the
original authors alongside the published copyright notice, but you may not
use their names or the names of the University they were attending to imply
that any of those parties endorse your product unless they have given written
consent.  If all you do is reproduce the copyright terms as specified in any
attached documentation, then you are in compliance with the license terms.

	Cheers,

	Matthew

-- 
Dr Matthew J Seaman MA, D.Phil.                   7 Priory Courtyard
                                                  Flat 3
PGP: http://www.infracaninophile.co.uk/pgpkey     Ramsgate
                                                  Kent, CT11 9PW

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