FW: gprof license

FW: gprof license

[Federico G. Schwindt]

  I have not seen this message in the list nor browsing the archives, so I'm
resending it.
  I'd appreciate any comments.
  Thanks,

  f.-

----- Forwarded message from "Federico G. Schwindt" <fgsch@olimpo.com.br> -----

Date: Sat, 6 Jul 2002 06:06:40 -0300
From: "Federico G. Schwindt" <fgsch@olimpo.com.br>
To: binutils@sources.redhat.com
Subject: gprof license
User-Agent: Mutt/1.4i

Hi,

  Within the gprof directory, there are several files that contains a
BSD license but doesn't mention anything about modifications.
  The files are the following: alpha.c, cg_arcs.c, cg_dfn.c, gprof.c, hertz.c,
i386.c, mips.c, tahoe.c, utils.c and sparc.c.
  Can the license be changed/updated to include modifications and to whom I
should talk about it?
  Thanks,

  f.-

----- End forwarded message -----

Re: FW: gprof license

[Nick Clifton]

Hi Federico,

> Within the gprof directory, there are several files that contains
> a BSD license but doesn't mention anything about modifications.
> The files are the following: alpha.c, cg_arcs.c, cg_dfn.c, gprof.c,
> hertz.c, i386.c, mips.c, tahoe.c, utils.c and sparc.c.
> Can the license be changed/updated to include modifications and to
> whom I should talk about it?

You should talk to me.

I think that it would be reasonable to add the GNU copyright header to
these files, with the proviso that the header is modified to say that
the BSD license still applies as well.  ie something like:

   Copyright xxxx Free Software Foundation, Inc.

   This file is part of GNU Binutils.

   This program is free software; you can redistribute it and/or
   modify it under the terms of the GNU General Public License as
   published by the Free Software Foundation; either version 2 of the
   License, or (at your option) any later version, with the proviso
   that the terms of the Regents of the University of California's
   Copyright notice and comment, found at the start of this file, are
   also followed.

   This program is distributed in the hope that it will be useful, 
   but WITHOUT ANY WARRANTY; without even the implied warranty of
   MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the
   GNU General Public License for more details.

   You should have received a copy of the GNU General Public License 
   along with this program; if not, write to the Free Software
   Foundation, Inc., 59 Temple Place - Suite 330, Boston, MA
   02111-1307, USA.

Does this sound reasonable to you ?

Cheers
        Nick

Re: FW: gprof license

[Federico G. Schwindt]

On Wed, Jul 17, 2002 at 03:34:04PM +0100, Nick Clifton wrote:
> Hi Federico,
> 
> > Within the gprof directory, there are several files that contains
> > a BSD license but doesn't mention anything about modifications.
> > The files are the following: alpha.c, cg_arcs.c, cg_dfn.c, gprof.c,
> > hertz.c, i386.c, mips.c, tahoe.c, utils.c and sparc.c.
> > Can the license be changed/updated to include modifications and to
> > whom I should talk about it?
> 
> You should talk to me.
> 
> I think that it would be reasonable to add the GNU copyright header to
> these files, with the proviso that the header is modified to say that
> the BSD license still applies as well.  ie something like:

  I think this doesn't do it. What needs to be done it's to update the BSD
license to a later one, that includes modification.
  Re-copyrighting the files doesn't remove the non-modification clause from
BSD.
  Basically that means something like the one available at
http://www.opensource.org/licenses/bsd-license.php, where 'with or 
without modifications is implicity stated'.
  Thanks,

  f.-

Re: FW: gprof license

[Nick Clifton]

Hi Federico.
 
>   I think this doesn't do it. What needs to be done it's to update
> the BSD license to a later one, that includes modification.

OK, so a patch like this, applied to all the relevant files, would be
OK then ?

Cheers
        Nick

Index: gprof/gprof.c
===================================================================
RCS file: /cvs/src/src/gprof/gprof.c,v
retrieving revision 1.13
diff -c -3 -p -w -r1.13 gprof.c
*** gprof/gprof.c	10 Feb 2002 19:01:19 -0000	1.13
--- gprof/gprof.c	19 Jul 2002 08:26:49 -0000
***************
*** 1,21 ****
! /*
!  * Copyright (c) 1983, 1998, 2001, 2002 Regents of the University of California.
!  * All rights reserved.
!  *
!  * Redistribution and use in source and binary forms are permitted
!  * provided that: (1) source distributions retain this entire copyright
!  * notice and comment, and (2) distributions including binaries display
!  * the following acknowledgement:  ``This product includes software
!  * developed by the University of California, Berkeley and its contributors''
!  * in the documentation or other materials provided with the distribution
!  * and in all advertising materials mentioning features or use of this
!  * software. 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 ``AS IS'' AND WITHOUT ANY EXPRESS OR
!  * IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
!  * WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
!  */
  #include "libiberty.h"
  #include "gprof.h"
  #include "search_list.h"
--- 1,30 ----
! /* Copyright (c) 1983, 1998, 2001, 2002 Regents of the University of California.
!    All rights reserved.
! 
!    Redistribution and use in source and binary forms, with or without
!    modification, are permitted provided that the following conditions are met:
! 
!     * Redistributions of source code must retain the above copyright notice,
!       this list of conditions and the following disclaimer.
!     * 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.
!     * Neither the name of the University of California, Berkeley 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 COPYRIGHT HOLDERS AND CONTRIBUTORS "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 COPYRIGHT OWNER 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.  */
! 
  #include "libiberty.h"
  #include "gprof.h"
  #include "search_list.h"

Re: FW: gprof license

[Federico G. Schwindt]

On Fri, Jul 19, 2002 at 09:28:07AM +0100, Nick Clifton wrote:
> Hi Federico.
>  
> >   I think this doesn't do it. What needs to be done it's to update
> > the BSD license to a later one, that includes modification.
> 
> OK, so a patch like this, applied to all the relevant files, would be
> OK then ?

  Yes, this is exactly what's needed.
  Thanks,

  f.-

Re: FW: gprof license

[cgd]

At Mon, 22 Jul 2002 11:20:54 +0000 (UTC), "Nick Clifton" wrote:
> OK, so a patch like this, applied to all the relevant files, would be
> OK then ?

Has UC ever given a blanket OK for replacing the old-style license
with the new style?



cgd

Re: FW: gprof license

[Ian Lance Taylor]

cgd@broadcom.com writes:

> At Mon, 22 Jul 2002 11:20:54 +0000 (UTC), "Nick Clifton" wrote:
> > OK, so a patch like this, applied to all the relevant files, would be
> > OK then ?
> 
> Has UC ever given a blanket OK for replacing the old-style license
> with the new style?

That is my understanding.  See
    ftp://ftp.cs.berkeley.edu/pub/4bsd/README.Impt.License.Change

Ian

Re: FW: gprof license

[cgd]

At Mon, 22 Jul 2002 16:52:00 +0000 (UTC), "Ian Lance Taylor" wrote:
> > Has UC ever given a blanket OK for replacing the old-style license
> > with the new style?
> 
> That is my understanding.  See
>     ftp://ftp.cs.berkeley.edu/pub/4bsd/README.Impt.License.Change

I knew about that, but that's different.  That's a blanket OK for
removing the advertising clause from a particular form of the UC
Regents license.

Not only is the license on gprof _not_ that particular form of the UC
Regents license, i.e., the acknowledgement clause in the gprof license
is really quite different and therefore the notice you cite above
doesn't apply, but the proposal wasn't simply to remove the
advertising clause, it was to substantially change the license, in
effect "upgrading" it to a newer, more explicitly permissive, version.

Search for 'modification' in both halves of the patch.  It's in the
new, not in the old.  That's an example.

And, as far as I know there was never blanket approval given by UC to
update old-style license for new...  But, I've never really searched
for such approval in the past.  If there is such approval, like I
said, I would like to know about it.  8-)


cgd

Re: FW: gprof license

[Ian Lance Taylor]

cgd@broadcom.com writes:

> At Mon, 22 Jul 2002 16:52:00 +0000 (UTC), "Ian Lance Taylor" wrote:
> > > Has UC ever given a blanket OK for replacing the old-style license
> > > with the new style?
> > 
> > That is my understanding.  See
> >     ftp://ftp.cs.berkeley.edu/pub/4bsd/README.Impt.License.Change
> 
> I knew about that, but that's different.  That's a blanket OK for
> removing the advertising clause from a particular form of the UC
> Regents license.

Well, you're probably right.  I guess the thing to do would be to
write to somebody at UC Berkeley to ask if it's OK to change the
license.  It doesn't sound like a promising course of action, though.

Ian

Re: FW: gprof license

[cgd]

At 22 Jul 2002 10:10:24 -0700, Ian Lance Taylor wrote:
> Well, you're probably right.  I guess the thing to do would be to
> write to somebody at UC Berkeley to ask if it's OK to change the
> license.  It doesn't sound like a promising course of action, though.

I've heard that NetBSD folks have found it possible to get in touch w/
folks @ UC re: legal stuff (e.g., getting a written confirmation of
the msg in the URL you posted).

The other thing that might be investigated, is updating the base gprof
sources.

The gprof sources as they went out in net/2 (IIRC), Lite, Lite2, etc.,
all had the new 4-clause license on them.  I don't think it'd be TRT
to just copy said license on to the old gprof source, but if you can
'upgrade' the old gprof source base to the new gprof source base,
well, you get the new license too.



cgd

Re: FW: gprof license

[Federico G. Schwindt]

On Mon, Jul 22, 2002 at 10:20:46AM -0700, cgd@broadcom.com wrote:
> At 22 Jul 2002 10:10:24 -0700, Ian Lance Taylor wrote:
> > Well, you're probably right.  I guess the thing to do would be to
> > write to somebody at UC Berkeley to ask if it's OK to change the
> > license.  It doesn't sound like a promising course of action, though.
> 
> I've heard that NetBSD folks have found it possible to get in touch w/
> folks @ UC re: legal stuff (e.g., getting a written confirmation of
> the msg in the URL you posted).
> 
> The other thing that might be investigated, is updating the base gprof
> sources.
> 
> The gprof sources as they went out in net/2 (IIRC), Lite, Lite2, etc.,
> all had the new 4-clause license on them.  I don't think it'd be TRT
> to just copy said license on to the old gprof source, but if you can
> 'upgrade' the old gprof source base to the new gprof source base,
> well, you get the new license too.

  I've permission from Kirk McKusick to update the gprof license to the one
below and then apply the UC letter to these licenses to get rid of the
advertising clause.
  Thanks,

  f.-

/*
 * Copyright (c) 1983, 1993
 *      The Regents of the University of California.  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.
 * 3. All advertising materials mentioning features or use of this software
 *    must display the following acknowledgement:
 *      This product includes software developed by the University of
 *      California, Berkeley and its contributors.
 * 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 REGENTS AND CONTRIBUTORS ``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 REGENTS 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.
 */

Re: FW: gprof license

[cgd]

At Tue, 23 Jul 2002 22:51:22 -0300, Federico G. Schwindt wrote:
>   I've permission from Kirk McKusick to update the gprof license to the one
> below and then apply the UC letter to these licenses to get rid of the
> advertising clause.

Cool.

(I'll admit to being surprised that Kirk has the current authority to
grant such permission, but, really, this issue is so not my problem to
begin with...  8-)


cgd

Re: FW: gprof license

[Nick Clifton]

Hi Federico, Hi Chris, Hi Ian,

> I've permission from Kirk McKusick to update the gprof license to
> the one below and then apply the UC letter to these licenses to get
> rid of the advertising clause.

In which case are there any objections to my aplying the patch below
and similar ones for other affected files in gprof ?

Cheers
        Nick

PS.  Should the copyright date be extended to include 2002 ?
PS.  Is it OK to reformat the copyright notice to conform to GNU
     coding standards ?

Index: gprof/gprof.c
===================================================================
RCS file: /cvs/src/src/gprof/gprof.c,v
retrieving revision 1.14
diff -c -3 -p -w -r1.14 gprof.c
*** gprof/gprof.c	23 Jul 2002 09:58:03 -0000	1.14
--- gprof/gprof.c	25 Jul 2002 09:59:42 -0000
***************
*** 1,29 ****
! /* Copyright (c) 1983, 1998, 2001, 2002 Regents of the University of California.
!    All rights reserved.
! 
!    Redistribution and use in source and binary forms, with or without
!    modification, are permitted provided that the following conditions are met:
! 
!     * Redistributions of source code must retain the above copyright notice,
!       this list of conditions and the following disclaimer.
!     * 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.
!     * Neither the name of the University of California, Berkeley 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 COPYRIGHT HOLDERS AND CONTRIBUTORS "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 COPYRIGHT OWNER 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.  */
  
  #include "libiberty.h"
  #include "gprof.h"
--- 1,31 ----
! /*
!  * Copyright (c) 1983, 1993
!  *      The Regents of the University of California.  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.
!  * 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 REGENTS AND CONTRIBUTORS ``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 REGENTS 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.
!  */
  
  #include "libiberty.h"
  #include "gprof.h"

Re: FW: gprof license

[Federico G. Schwindt]

Hi again,

> > I've permission from Kirk McKusick to update the gprof license to
> > the one below and then apply the UC letter to these licenses to get
> > rid of the advertising clause.
> 
> In which case are there any objections to my aplying the patch below
> and similar ones for other affected files in gprof ?

  Seems ok. The point (4) should be changed to (3), tho.
 
> Cheers
>         Nick
> 
> PS.  Should the copyright date be extended to include 2002 ?

  I don't know.

> PS.  Is it OK to reformat the copyright notice to conform to GNU
>      coding standards ?

  I don't think this is a problem.

  f.-