Re: copyright notice question

On Wed, Oct 21, 2020 at 4:04 AM Rick Macklem <rmacklem_at_uoguelph.ca> wrote:

> 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
> _______________________________________________
>
>

My opinion is as follows :

At the top of the related sources I would include a message ( approximately
) as follows :

"
After svn ( or git ) modification number(s)  ... ( including )  I have made
substantial ( or significant ) modifications ( or improvements ) .
The copyright of these modifications with the present license listed below
are belong to

Rick Macklem , starting from date .....
 (  Rick Macklem  ... an approximately fixed address ... )

"

Each contributor may append such notifications listed on the topmost part .
When a person reads such sources , she/he very easily understands its
modification and copyright status without any doubt .


Mehmet Erol Sanliturk