| version 1.11, 1999/08/07 08:02:28 |
version 1.12, 1999/09/29 20:48:43 |
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| <img alt="[OpenBSD]" height=30 width=141 SRC="images/smalltitle.gif"> |
<img alt="[OpenBSD]" height=30 width=141 SRC="images/smalltitle.gif"> |
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| <h1><font color=#e00000>OpenBSD Copyright Policy</font></h1> |
|
| <p> |
<p> |
| |
<h2><font color=#e00000>Copyright Policy</font><hr></h2> |
| |
|
| |
<dl> |
| |
<li><h3><font color=#e00000>Goal</font></h3><p> |
| |
|
| Copyright law is complex, OpenBSD policy is simple - OpenBSD strives to |
Copyright law is complex, OpenBSD policy is simple - OpenBSD strives to |
| maintain the spirit of the original Berkeley Unix copyrights. |
maintain the spirit of the original Berkeley Unix copyrights. |
| </p> |
|
| <p> |
<p> |
| |
|
| OpenBSD can exist as it does today because of the example set by the |
OpenBSD can exist as it does today because of the example set by the |
| Computer Systems Research Group at Berkeley and the battles which they |
Computer Systems Research Group at Berkeley and the battles which they |
| and others fought to create a relatively un-encumbered Unix source |
and others fought to create a relatively un-encumbered Unix source |
| distribution. |
distribution. |
| </p> |
|
| <p> |
<p> |
| |
|
| The ability of a <strong>freely redistributable</strong> "Berkeley" Unix |
The ability of a <strong>freely redistributable</strong> "Berkeley" Unix |
| to move forward on a competitive basis with other operating systems depends |
to move forward on a competitive basis with other operating systems depends |
| on the willingness of the various development groups to exchange code amongst |
on the willingness of the various development groups to exchange code amongst |
| themselves and with other projects. |
themselves and with other projects. |
| |
|
| Understanding the legal issues surrounding copyright is fundamental to |
Understanding the legal issues surrounding copyright is fundamental to |
| the ability to exchange and re-distribute code, while honoring the spirit of |
the ability to exchange and re-distribute code, while honoring the spirit of |
| the copyright and concept of attribution is fundamental to promoting the |
the copyright and concept of attribution is fundamental to promoting the |
| cooperation of the people involved. |
cooperation of the people involved. |
| </p> |
|
| <p> |
<p> |
| <h3><font color=#0000e0>The Berkeley Copyright</font></h3> |
|
| |
<li><h3><font color=#e00000>The Berkeley Copyright</font></h3><p> |
| |
|
| The Berkeley copyright poses no restrictions on private or commercial |
The Berkeley copyright poses no restrictions on private or commercial |
| use of the software and imposes only simple and uniform requirements |
use of the software and imposes only simple and uniform requirements |
| for maintaining copyright notices in redistributed versions and |
for maintaining copyright notices in redistributed versions and |
| crediting the originator of the material <strong>only</strong> in |
crediting the originator of the material <strong>only</strong> in |
| advertising. |
advertising. |
| </p> |
|
| <p> |
<p> |
| |
|
| Because the OpenBSD copyright imposes no conditions beyond those |
Because the OpenBSD copyright imposes no conditions beyond those |
| imposed by the Berkeley copyright, OpenBSD can hope to share the same |
imposed by the Berkeley copyright, OpenBSD can hope to share the same |
| wide distribution and applicability as the Berkeley distributions. |
wide distribution and applicability as the Berkeley distributions. |
|
|
| copyright, or must relegate this material to a secondary status, |
copyright, or must relegate this material to a secondary status, |
| i.e. OpenBSD as a whole is freely redistributable, but some optional |
i.e. OpenBSD as a whole is freely redistributable, but some optional |
| components may not be. |
components may not be. |
| </p> |
|
| <h3><font color=#0000e0>Copyright Law</font></h3> |
|
| <p> |
<p> |
| |
|
| |
<li><h3><font color=#e00000>Copyright Law</font></h3><p> |
| While the overall subject of copyright law is far beyond the scope of |
While the overall subject of copyright law is far beyond the scope of |
| this document, some basics are in order. Under the current copyright law, |
this document, some basics are in order. Under the current copyright law, |
| copyrights are implicit in the creation of a new work and reside with |
copyrights are implicit in the creation of a new work and reside with |
| the creator, unless otherwise assigned. In general the copyright applies |
the creator, unless otherwise assigned. In general the copyright applies |
| only to the new work, not the material the work was derived from, nor |
only to the new work, not the material the work was derived from, nor |
| those portions of the derivative material included in the new work. |
those portions of the derivative material included in the new work. |
| </p> |
|
| <p> |
<p> |
| |
|
| Copyright law admits to three general categories of works: |
Copyright law admits to three general categories of works: |
| <dl> |
<dl> |
| </dt>Original Work |
</dt>Original Work |
|
|
| <dt>Compilations |
<dt>Compilations |
| <dd>A work that is a compilation of existing new and derivative works. |
<dd>A work that is a compilation of existing new and derivative works. |
| </dl> |
</dl> |
| |
<p> |
| |
|
| The fundamental concept is that there is primacy of the copyright, that |
The fundamental concept is that there is primacy of the copyright, that |
| is a copyright of a derivative work does not affect the rights held by |
is a copyright of a derivative work does not affect the rights held by |
| the owner of the copyright of the original work, rather only the part |
the owner of the copyright of the original work, rather only the part |
| added. Likewise the copyright of a compilation does not affect the rights |
added. Likewise the copyright of a compilation does not affect the rights |
| of the owner of the included works, only the compilation as an entity. |
of the owner of the included works, only the compilation as an entity. |
| </p> |
|
| <p> |
<p> |
| |
|
| It is vitally important to understand that copyrights are broad protections |
It is vitally important to understand that copyrights are broad protections |
| as defined by national and international copyright law. The "copyright |
as defined by national and international copyright law. The "copyright |
| notices" usually included in source files are not copyrights, but rather |
notices" usually included in source files are not copyrights, but rather |
|
|
| license terms which grant permissions subject to copyright law and with |
license terms which grant permissions subject to copyright law and with |
| disclaimers that state the position of the copyright holder/distributor |
disclaimers that state the position of the copyright holder/distributor |
| with respect to liability surrounding use of the material. |
with respect to liability surrounding use of the material. |
| </p> |
<p> |
| <h3><font color=#0000e0>Permissions - the flip side</font></h3> |
|
| </p> |
<li><h3><font color=#e00000>Permissions - the flip side</font></h3><p> |
| |
|
| Because copyrights arise from the creation of a work, rather than through |
Because copyrights arise from the creation of a work, rather than through |
| a registration process, there needs to be a practical way to extend |
a registration process, there needs to be a practical way to extend |
| permission to use a work beyond that which might be allowed by "fair use" |
permission to use a work beyond that which might be allowed by "fair use" |
| provisions of the copyright laws. |
provisions of the copyright laws. |
| </p> |
<p> |
| |
|
| This permission typically takes the form of a "release" or "license" |
This permission typically takes the form of a "release" or "license" |
| included in the work, which grants the additional uses beyond those |
included in the work, which grants the additional uses beyond those |
| granted by copyright law, usually subject to a variety of conditions. |
granted by copyright law, usually subject to a variety of conditions. |
|
|
| he imposes no restrictions on use of the material, at the other |
he imposes no restrictions on use of the material, at the other |
| restrictive clauses that actually grant no additional rights or impose |
restrictive clauses that actually grant no additional rights or impose |
| restrictive, discriminatory or impractical conditions on use of the work. |
restrictive, discriminatory or impractical conditions on use of the work. |
| </p> |
|
| <p> |
<p> |
| |
|
| Again, an important point to note is that the release and conditions can |
Again, an important point to note is that the release and conditions can |
| only apply to the portion of the work that was originated by the copyright |
only apply to the portion of the work that was originated by the copyright |
| holder - the holder of a copyright on a derivative work can neither |
holder - the holder of a copyright on a derivative work can neither |
| grant additional permissions for use of the original work, nor impose more |
grant additional permissions for use of the original work, nor impose more |
| restrictive conditions for use of that work. |
restrictive conditions for use of that work. |
| </p> |
|
| <p> |
<p> |
| |
|
| Because copyright arises from the creation of a work and not the text |
Because copyright arises from the creation of a work and not the text |
| or a registration process, removing or altering a copyright notice or |
or a registration process, removing or altering a copyright notice or |
| associated release terms has no bearing on the existence of the copyright, |
associated release terms has no bearing on the existence of the copyright, |
|
|
| does not supersede them, rather it casts doubts on the rights of the person |
does not supersede them, rather it casts doubts on the rights of the person |
| making the amendments to use the material and creates confusion as to |
making the amendments to use the material and creates confusion as to |
| whether anyone can use amended version or derivatives thereof. |
whether anyone can use amended version or derivatives thereof. |
| </p> |
|
| <p> |
<p> |
| |
|
| Finally, releases are generally binding on the material that they |
Finally, releases are generally binding on the material that they |
| are distributed with. This means that if the originator of a work distributes |
are distributed with. This means that if the originator of a work distributes |
| that work with a release granting certain permissions, those permissions |
that work with a release granting certain permissions, those permissions |
|
|
| the copyright holder decide to "go commercial" he can not revoke permissions |
the copyright holder decide to "go commercial" he can not revoke permissions |
| already granted for the use of the work as distributed, though he may impose |
already granted for the use of the work as distributed, though he may impose |
| more restrictive permissions in his future distributions of that work. |
more restrictive permissions in his future distributions of that work. |
| </p> |
|
| <h3><font color=#0000e0>Specific Cases</font></h3> |
|
| <p> |
<p> |
| |
|
| |
<li><h3><font color=#e00000>Specific Cases</font></h3><p> |
| |
|
| This section attempts to summarize the position of OpenBSD relative to |
This section attempts to summarize the position of OpenBSD relative to |
| some commonly encountered copyrights. |
some commonly encountered copyrights. |
| </p> |
<p> |
| |
|
| <dl> |
<dl> |
| <dt>Berkeley<dd><p> |
<dt>Berkeley<dd><p> |
| The Berkeley copyright is the model for the OpenBSD copyright. It retains |
The Berkeley copyright is the model for the OpenBSD copyright. It retains |
|
|
| the use of the copyrighted material. Material with Berkeley copyrights, |
the use of the copyrighted material. Material with Berkeley copyrights, |
| or copyrights closely adhering to the Berkeley model can generally be |
or copyrights closely adhering to the Berkeley model can generally be |
| included in OpenBSD. |
included in OpenBSD. |
| </p> |
<p> |
| |
|
| <dt>AT&T<dd><p> |
<dt>AT&T<dd><p> |
| While AT&T holds the copyrights to much "Unix" code and documentation, |
While AT&T holds the copyrights to much "Unix" code and documentation, |
| OpenBSD is based largely on Berkeley (BSD) distributions that contain only |
OpenBSD is based largely on Berkeley (BSD) distributions that contain only |
|
|
| AT&T has abandoned its copyright or included licensing terms similar |
AT&T has abandoned its copyright or included licensing terms similar |
| to the Berkeley terms. No material subject to restrictive AT&T |
to the Berkeley terms. No material subject to restrictive AT&T |
| copyrights can be included in OpenBSD. |
copyrights can be included in OpenBSD. |
| </p> |
|
| <p> |
<p> |
| |
|
| Examples of AT&T code, included subject to non-restrictive copyrights, |
Examples of AT&T code, included subject to non-restrictive copyrights, |
| include some system sources such as init_main.c and the AT&T version |
include some system sources such as init_main.c and the AT&T version |
| of awk. |
of awk. |
| </p> |
<p> |
| |
|
| <dt>DEC, Sun, other manufacturers/software houses.<dd><p> |
<dt>DEC, Sun, other manufacturers/software houses.<dd><p> |
| In general OpenBSD does not include material copyrighted by manufacturers |
In general OpenBSD does not include material copyrighted by manufacturers |
| or software houses. Material may be included where the copyright owner has |
or software houses. Material may be included where the copyright owner has |
|
|
| to the Berkeley copyright, or where the material is the product of an |
to the Berkeley copyright, or where the material is the product of an |
| employee and the employer's copyright notice effectively releases any |
employee and the employer's copyright notice effectively releases any |
| rights they might have to the work. |
rights they might have to the work. |
| </p> |
<p> |
| |
|
| <dt>Carnegie-Mellon (CMU, Mach)<dd><p> |
<dt>Carnegie-Mellon (CMU, Mach)<dd><p> |
| The Carnegie-Mellon copyright is similar to the Berkeley copyright, except |
The Carnegie-Mellon copyright is similar to the Berkeley copyright, except |
| that it requests that derivative works be made available to Carnegie-Mellon. |
that it requests that derivative works be made available to Carnegie-Mellon. |
|
|
| be included in OpenBSD. It should be noted that existing versions of Mach |
be included in OpenBSD. It should be noted that existing versions of Mach |
| are still subject to AT&T copyrights, which prevents the general |
are still subject to AT&T copyrights, which prevents the general |
| distribution of Mach sources. |
distribution of Mach sources. |
| </p> |
<p> |
| |
|
| <dt>Apache<dd><p> |
<dt>Apache<dd><p> |
| The Apache copyright is similar to the Berkeley copyright, except |
The Apache copyright is similar to the Berkeley copyright, except |
| that it stipulates that products derived from the code may not |
that it stipulates that products derived from the code may not |
|
|
| "official" version. This is not an issue with OpenBSD because |
"official" version. This is not an issue with OpenBSD because |
| OpenBSD is a <strong>Compilation</strong>, and not a |
OpenBSD is a <strong>Compilation</strong>, and not a |
| <strong>Derived Work</strong>. |
<strong>Derived Work</strong>. |
| </p> |
<p> |
| |
|
| <dt>GNU General Public License, GPL, LGPL, copyleft, etc.<dd><p> |
<dt>GNU General Public License, GPL, LGPL, copyleft, etc.<dd><p> |
| The GNU Public License and licenses modeled on it impose the restriction |
The GNU Public License and licenses modeled on it impose the restriction |
| that source code must be distributed or made available for all works that |
that source code must be distributed or made available for all works that |
| are derivatives of the GNU copyrighted code. |
are derivatives of the GNU copyrighted code. |
| </p> |
|
| <p> |
<p> |
| |
|
| While this may be a noble strategy in terms of software sharing, it is a |
While this may be a noble strategy in terms of software sharing, it is a |
| condition that is typically unacceptable for commercial use of software. |
condition that is typically unacceptable for commercial use of software. |
| As a consequence, software bound by the GPL terms can not be included in |
As a consequence, software bound by the GPL terms can not be included in |
|
|
| may be included as development tools or as part of the system that are |
may be included as development tools or as part of the system that are |
| "optional" as long as such use does not result in OpenBSD as a whole |
"optional" as long as such use does not result in OpenBSD as a whole |
| becoming subject to the GPL terms. |
becoming subject to the GPL terms. |
| </p> |
|
| <p> |
<p> |
| |
|
| As an example, some ports include GNU Floating Point Emulation - this is |
As an example, some ports include GNU Floating Point Emulation - this is |
| optional and the system can be built without it or with an alternative |
optional and the system can be built without it or with an alternative |
| emulation package. Another example is the use of GCC and other GNU tools in |
emulation package. Another example is the use of GCC and other GNU tools in |
|
|
| many applications without a tool chain, or the distributor can choose to |
many applications without a tool chain, or the distributor can choose to |
| include a tool chain as an optional bundle which conforms to the GPL terms. |
include a tool chain as an optional bundle which conforms to the GPL terms. |
| <p> |
<p> |
| </p> |
|
| <dt>NetBSD<dd><p> |
<dt>NetBSD<dd><p> |
| Much of OpenBSD is originally based on and evolved from NetBSD, since some |
Much of OpenBSD is originally based on and evolved from NetBSD, since some |
| of the OpenBSD developers were involved in the NetBSD project. The general |
of the OpenBSD developers were involved in the NetBSD project. The general |
| NetBSD license terms are compatible with the Berkeley license and permit |
NetBSD license terms are compatible with the Berkeley license and permit |
| such use. Material subject <strong>only</strong> to the general NetBSD |
such use. Material subject <strong>only</strong> to the general NetBSD |
| license can generally be included in OpenBSD. |
license can generally be included in OpenBSD. |
| </p> |
|
| <p> |
<p> |
| |
|
| In the past, NetBSD has included material copyrighted by individuals |
In the past, NetBSD has included material copyrighted by individuals |
| who have imposed license conditions beyond that of the general |
who have imposed license conditions beyond that of the general |
| NetBSD license, but granted the NetBSD Foundation license to |
NetBSD license, but granted the NetBSD Foundation license to |
|
|
| OpenBSD as long as the conditions imposed are at odds with the |
OpenBSD as long as the conditions imposed are at odds with the |
| OpenBSD license terms or releases from those terms are offered on |
OpenBSD license terms or releases from those terms are offered on |
| a discriminatory basis. |
a discriminatory basis. |
| </p> |
<p> |
| |
|
| <dt>FreeBSD<dd><p> |
<dt>FreeBSD<dd><p> |
| Most of FreeBSD is also based on Berkeley licensed material or includes |
Most of FreeBSD is also based on Berkeley licensed material or includes |
| copyright notices based on the Berkeley model. Such material can be |
copyright notices based on the Berkeley model. Such material can be |
| included in OpenBSD, while those parts that are subject to GPL or |
included in OpenBSD, while those parts that are subject to GPL or |
| various individual copyright terms that are at odds with the OpenBSD license |
various individual copyright terms that are at odds with the OpenBSD license |
| can not be included in OpenBSD. |
can not be included in OpenBSD. |
| </p> |
<p> |
| |
|
| <dt>Linux<dd><p> |
<dt>Linux<dd><p> |
| Most of Linux is subject to GPL style licensing terms and therefore |
Most of Linux is subject to GPL style licensing terms and therefore |
| can not be included in OpenBSD. Individual components may be eligible, |
can not be included in OpenBSD. Individual components may be eligible, |
|
|
| Linux "distributions" may also be subject to additional copyright claims |
Linux "distributions" may also be subject to additional copyright claims |
| of the distributing organization, either as a compilation or on material |
of the distributing organization, either as a compilation or on material |
| included that is not part of the Linux core. |
included that is not part of the Linux core. |
| </p> |
<p> |
| |
|
| <dt>X, XFree86<dd><p> |
<dt>X, XFree86<dd><p> |
| X and XFree86 are not parts of OpenBSD, rather X or XFree86 is distributed |
X and XFree86 are not parts of OpenBSD, rather X or XFree86 is distributed |
| with many OpenBSD ports as a convenience to the user, subject to applicable |
with many OpenBSD ports as a convenience to the user, subject to applicable |
| license terms. |
license terms. |
| </p> |
<p> |
| |
|
| <dt>Shareware, Charityware, Freeware, etc.<dd><p> |
<dt>Shareware, Charityware, Freeware, etc.<dd><p> |
| Most "shareware" copyright notices impose conditions for redistribution, |
Most "shareware" copyright notices impose conditions for redistribution, |
| use or visibility that are at conflict with the OpenBSD project goals. |
use or visibility that are at conflict with the OpenBSD project goals. |
|
|
| of the conditions is acceptable in terms of conditions being requested vs. |
of the conditions is acceptable in terms of conditions being requested vs. |
| demanded and whether the spirit of the conditions is compatible with |
demanded and whether the spirit of the conditions is compatible with |
| goals of the OpenBSD project. |
goals of the OpenBSD project. |
| </p> |
<p> |
| |
|
| <dt>Public Domain<dd><p> |
<dt>Public Domain<dd><p> |
| While material that is truly entered into the "Public Domain" can be |
While material that is truly entered into the "Public Domain" can be |
| included in OpenBSD, review is required on a case by case basis. |
included in OpenBSD, review is required on a case by case basis. |
|
|
| there are a variety of conditions imposed on use. For a work to be |
there are a variety of conditions imposed on use. For a work to be |
| truly in the "Public Domain" all rights are abandoned and the material |
truly in the "Public Domain" all rights are abandoned and the material |
| is offered without restrictions. |
is offered without restrictions. |
| |
<p> |
| |
|
| |
</dl> |
| |
|
| </dl> |
</dl> |
| |
|
| <hr> |
<hr> |
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