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http://kerneltrap.org/node/14243
Maybe this clarifies it. There is no "it seems" in copyright law.
Theo is wrong about the removal of the BSD-part of Sam Leffler's file (ath5k_base.h). The moment you use, modify or distribute the file you have the right to choose one of the licenses (or both if you want to do keep the dual-licensing).
Theo claims incorrectly that the right to choose one of the licenses don't exists UNTIL a modification has been made. Truth is that it kicks in the moment, you use, modify and/or distribute the file. So everything has been done 110% correct for the BSD-licensed parts. The problem is the three files NOT under the BSD and NOT under the GPL. Those three files have had their license violated. That's clear. But Theo is rambling like a stupid maniac in regard to the dual-licensed files.






Member since:
2005-08-17
There doesn't seem to be any stealling going on at all.
It seems that is was originally licenced under the GPLv2 (and also under the BSD) and it's been included in the -mm kernel under the GPLv2.
I don't see what the problem is.