Re: copyright notice question

Warner Losh wrote:
>On Mon, Oct 19, 2020, 7:25 PM Rick Macklem <rmacklem_at_uoguelph.ca<mailto:rmacklem_at_uoguelph.ca>> wrote:
>>I'll admit I've hesitated to ask this for a long time, but I guess I have to;-)
>>I've created two daemons for NFS-over-TLS, using the code in
>>/usr/src/usr.sbin/gssd/gssd.c as a starting point.
>>--> As such, I left the copyright notice from this file on the two files.
>>      (As you can see, it is a 2 clause FreeBSD one, so the terms aren't
>>       an issue.)
>>
>>What I am wondering is if I should be adding my name to it as an
>>additional author or something like that?
>>(I don't care, but it does seem a little weird that the copyright is held
>> by Isilon Inc, since I have no connection to them.)
>>
>Likely. If you changed a substantial amount, then yes. The rule of thumb is >50%
> is no brainer yes. Smaller percentages require more nuanced judgement as to whether the changes are substantial enough to create a new work. Chances are
> quite good you fall into one of those categories. Also, if you have replaced more 
>than ~90% chances are good no original work remains. Again, a judgement call. 
>There are more technical legal guidelines, but that would require a lawyer.
>
>My hunch is that unless this is something far more trivial than I then I'd add the
> notice, but retaining the old.
Well, I'd guess it's somewhere in the 50->90% category.
Would just adding a comment below the current copyright notice like:
/*
 * Extensively modified from /usr/src/usr.sbin/gssd.c for RPC-over-TLS
 * by Rick Macklem.
 */
be sufficient for the project, or should I put a second copyright notice
on it with my name on it? (This will seem odd, since it will have the same
terms as the extant one, but if that is what is appropriate for the project..)

It is my understanding (I'm obviously not a lawyer, clearly indicated by the
size of my bank account;-) that a copyright notice can only be changed by
the holder (or with their express permission), but an additional copyright
notice can be attached to the work to cover the re-write.
Is this correct? (All amateur lawyers, feel free to respond;-)

Thanks for your comments, rick

Warnet


Here's what it currently says:
/*-
 * SPDX-License-Identifier: BSD-2-Clause-FreeBSD
 *
 * Copyright (c) 2008 Isilon Inc http://www.isilon.com/
 * Authors: Doug Rabson <dfr_at_rabson.org<mailto:dfr_at_rabson.org>>
 * Developed with Red Inc: Alfred Perlstein <alfred_at_freebsd.org<mailto:alfred_at_freebsd.org>>
 *
 * 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.
 *
 * THIS SOFTWARE IS PROVIDED BY THE AUTHOR 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 AUTHOR 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.
 */

Thanks for any comments, rick
_______________________________________________
freebsd-current_at_freebsd.org<mailto:freebsd-current_at_freebsd.org> mailing list
https://lists.freebsd.org/mailman/listinfo/freebsd-current
To unsubscribe, send any mail to "freebsd-current-unsubscribe_at_freebsd.org<mailto:freebsd-current-unsubscribe_at_freebsd.org>"