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Re:Kvazaar HEVC/H.265 encoder released under GPLv2 by belorn on Wednesday January 29, 2014 @10:04AM (#7144196)
Section 7 grants the recipient the permission to use, modify and redistribute. If the distributor is under contract which says he can not provide such permission, then the result is quite expectable.

BSD license says "Redistribution and use in source and binary forms, with or without modification, are permitted". If the distributors is under contract that forbids granting such permission, the result is again quite expectable. The only option would be to add restriction on distribution on top of the BSD license, making it proprietary licensed. I will grant jwr that GPL is different from BSD in that aspect, since it do not allow proprietary licensing.

Neither has anything to do with patent agreements, because it all focus on permission for redistribution, use and modification. Patent agreements are one company contractually promising not to sue the other company or their customers over patents, and thus we have GPLv3. Since such promise are not conditions placed on either company, section 7 "if ... conditions are imposed on you" do not get invoked. Microsoft-Novell agreement is likely an example of this. See the wikipedia article for more details, including what the lawyers said at the time.

https://en.wikipedia.org/wiki/Microsoft-Novell_agreement#Agr...

Re:Kvazaar HEVC/H.265 encoder released under GPLv2 by anon1385 on Wednesday January 29, 2014 @11:39AM (#7144931)
>BSD license says "Redistribution and use in source and binary forms, with or without modification, are permitted". If the distributors is under contract that forbids granting such permission, the result is again quite expectable.

I think I see why you are confused here. That permission grant in the BSD licence is granted by the copyright holder, and is not a condition of redistribution by any intermediary (you don't own the copyright to the code so you don't have the ability to grant that permission anyway). To redistribute you must merely follow the 2/3 terms of the licence which boil down to keeping the copyright notice and text of the licence (and for the 3 clause not using the authors names to promote it).

You can distribute BSD licensed code in binary form as long as you have the required patent licences. The original author does not need those licences (if they never distribute the binaries) and neither do your customers (if they never distribute the binaries).

That term at the start of the BSD licence is not a condition of redistribution.

Re:Kvazaar HEVC/H.265 encoder released under GPLv2 by belorn on Wednesday January 29, 2014 @01:09PM (#7145628)
> You can distribute BSD licensed code in binary form as long as you have the required patent licences.

You are confusing the steps. One is a person taking BSD work and adding an additional license to the binary result (proprietary licensing).

The other way, is someone taking BSD work and redistribute it as BSD (under no additional license).

If you attach the BSD license to the binary, you are giving permission to redistribute further than the patent owner permitted. Thus the only allowed scenario with a patent with restriction on distribution, is the first one which is called proprietary licensing.

And BSD allow it, GPL do not. Thus one can summarize it as as: Some patent licenses require proprietary licensing, which can only be added to a BSD/MIT work. GPL do not allow proprietary licensing, and thus do not work with such patent licenses.

However, that is not the message he made, which is why I called FUD on it. It is also not very interesting statement since anyone who knows about GPL and BSD knows about how they differ regarding proprietary licensing.