Re: [boost] A possible addition to the boost license FAQ

From: Alexander Terekhov (terekhov_at_[hidden])
Date: 2006-08-08 02:29:08

Gennaro Prota wrote:
> 
> Hi,
> 
> a question I get frequently asked is "Can I dual-license a project or
> a library under the GPL and the Boost Software License?". 

One doesn't need to be a lawyer to grok that the BSL allows sublicensing 
(not relicensing in GNUtian sense; or rather lack of any sense) under 
different terms for machine-executable object code only. Derivative works 
in source code form fall under the BSL and only the BSL. As for 
derivative works, I suggest you take a look at

http://www.usfca.edu/law/determann/softwarecombinations060403.pdf

-----
PRELIMINARY DRAFT 2006/4/3 – FOR DISCUSSION PURPOSES ONLY
Accepted for Publication in Issue 21:4 (Fall 2006) of the
BERKELEY TECHNOLOGY LAW JOURNAL

DANGEROUS LIAISONS – SOFTWARE COMBINATIONS AS DERIVATIVE WORKS?

Distribution, Installation and Execution of Linked Programs under 
Copyright Law, Commercial Licenses and the GPL

By Lothar Determann

Prof. Dr. Lothar Determann teaches courses on Computer and Internet 
law at the University of California Berkeley School of Law (Boalt Hall), 
University of San Francisco School of Law and Freie Universität Berlin
(www.lothar.determann.name) and practices law as a partner in the 
international technology practice group of Baker ? McKenzie LLP, San 
Francisco/Palo Alto office (www.bakernet.com). The author is grateful 
for assistance from his students, in particular Tal Lavian, Principal 
Scientist at Nortel Labs (valuable comments from computer science 
perspective), Steven B. Toeniskoetter, Lars F. Brauer, and Neda 
Shabahang (legal research and footnote editing).
-----

First sale, copyright misuse and all that (I don't particularly agree
with all of his analysis and characterization of *governing* [he seems to
highlight some bad/highly-criticized/overturned... probably poor legal
research by Neda) caselaw on infringing derivatives, but his conclusions 
and summaries are mostly OK... except that regarding antitrust he seems 
to be totally unaware of Wallace).

Nice to see real law professors and practitioners catching up. :-) 

regards,
alexander.

--
http://www.terekhov.de/Wallace-case-FAQ-for-dummies-v1.9.txt