Subject: Re: copyright questions
To: Charles M. Hannum <mycroft@mit.edu>
From: Andrew Gillham <gillhaa@ghost.whirlpool.com>
List: current-users
Date: 06/13/1997 18:00:06
Charles M. Hannum writes:
> 
> But I digress a bit.
> 
> The cases you're talking about are a little different, because the
> scope of the license terms is different.  E.g., if I'm publishing a
> CD-ROM, it's unlikely that the cover is going to mention a specific
> Ethernet driver, but it's very likely that it will mention that NetBSD
> runs on Alphas.  This is advertising material.  Given the license
> terms, even the original Berkeley license terms, this requires me to
> include the attribution for Chris, but *not* for you, somewhere on the
> cover.  Indeed, it's not clear that any of the vendors of NetBSD,

I appreciate your clarification Charles, but I believe your interpretation
is incorrect.  The text of the license is:

 * 2. The following Acknowledgment must be used in communications
 * involving the Software as described below:
 *
 *      This product includes software developed by
 *      Christopher G. Demetriou for the NetBSD Project.
 *
 * The Acknowledgment must be conspicuously and completely displayed
 * whenever the Software, or any software, products or systems containing
 * the Software, are mentioned in advertising, marketing, informational
 * or publicity materials of any kind, whether in print, electronic or
 * other media (except for information provided to support use of
 * products containing the Software by existing users or customers).
 *

The problem is that this requires The Acknowledgment to be displayed
whenever "..., or any software, products or systems containing the
Software, are mentioned..."  This means that if I have a product
based on NetBSD, which includes the alpha port, or any code with
Chris' new copyright, merely mentioning *my* product means I have
to have Chris' Acknowledgment displayed.  It is not necessary *at all*
to mention any features covered by Chris' copyright to be required
to attribute.  So.. with the CDROM example, I would be required to
print The Acknowledgment regardless of whether I mentioned it ran
on the Alpha.  Therefore, if I submitted an ethernet driver with the
same license, I would be required to attribute that as well, even
though I don't mention it on the cover.  I can't believe that the
attributions for very many developers would fit on the front/back of
a CDROM.

Perhaps I am misinterpreting the "...or any software, products or
systems containing..." line, but I don't see how it can be interpreted
differently.

-Andrew
-- 
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Andrew Gillham                            | This space left blank
gillham@whirlpool.com                     | inadvertently.
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