Relicensing: what's legal and what's right

Posted Sep 13, 2007 10:11 UTC (Thu) by kzm (guest, #47358)
In reply to: Relicensing: what's legal and what's right by nofutureuk
Parent article: Relicensing: what's legal and what's right

> Ok, consider I publish code with GPL license and somebody sends me a patch
> to fix/enhance something. Will I be allowed to re-use that patch in a
> closed environment in my company?

Actually, yes. Copyright (and the licensing of same) does not regulate use, only distribution and public performance, so GPL vs BSD is irrelevant.

On the other hand, if your code was GPL, it would be legal for you to include the patch in your distribution (as it is a derivative work, and thus also GPL-licensed), if your code is BSD, you'd need an explicit permission from the author.

A small patch may be too trivial to be covered by copyright.

> I denounce people saying that the BSD people should shut up when
> they feel ripped off.

The difference between a legal right and a moral right is that the legal right can be enforced, the moral right can only be excercised through agreement. Ever wonder why so few beggars yell at you about their moral rights to some of your money? Amazing that so many bright developers apparently fail to realize that.

-k