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From Jeffrey Thompson <jt...@us.ibm.com>
Subject RE: New versions of CC licenses
Date Sat, 07 Dec 2013 19:15:44 GMT

"Lawrence Rosen" <lrosen@rosenlaw.com> wrote on 12/06/2013 04:48:44 PM:

> > What do you mean by "distribute them under different licenses"?

> I mean precisely what we at Apache (and many other FOSS projects) do
> with BSD and MIT software that we include in our software. I also
> mean what projects do who take Apache software and distribute it
> under the GPL, or companies under proprietary licenses.

That doesn't answer the question.  I'm trying to get precise as to what
terms apply to C.

Code from A is licensed to B under BSD.  B adds some of its own code and
licenses the combined work to C under the Apache license.  B is
distributing A's code under a "different license" from what it received the
code under.  If that's the case, as between B and C, the ONLY license that
is relevant in a dispute between B and C is AL2.0.  If A shows up and
claims that B exceeded its authority, of course BSD terms come into the
picture then because the transaction between A and B is now in question,
but that's not what I'm asking.  Just between B and C, what are the terms?

On the other hand, if what you are saying is that B distributes the
combined work to C, but A's code is licensed to C under the BSD and B's
code and any copyright in the collection is licensed to C under the AL2.0,
then I don't see how that's a different license.  In that case, in a
dispute between B and C, both the BSD license and the AL2.0 are relevant

Which case do you mean when you say "distribute under different licenses"?
Either is possible, as far as I can tell.  But, I wouldn't call the second
structure as distributing A's code under a different license.  I'd call it
passing A's license on to C.

Counsel, IBM Software Group
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