"Based on the new guidelines posted by the SFLC on 'Maintaining Permissive-Licensed Files in a GPL-Licensed Project: Guidelines for Developers', specifically section 5, we are introducing a new tag for use with patches which deal with files licensed under permissive licenses (BSD, ISC) on Linux wireless in our larger GPL project, the Linux kernel," explained Luis Rodriguez in an email titled, "new 'Changes-licensed-under' tag introduced for Linux-wireless". The web pages linked in the email appear to be an official response by the SFLC regarding the recent BSD vs. GPL licensing controversy surrounding the Atheros wireless device driver. Luis continued:
"Although some developers have a practice of implying their patches for a permissive licensed file abides by the respective permissive license of the file being patched, and although some changes are obviously not copyrightable, we would like to 'err on the side of caution', take the advice from SFLC, and introduce Changes-licensed-under in order to help the BSD family reap benefits of our contributions to permissive licensed files."
There were only a few brief replies to Luis' email. Stephen Hemminger suggested a simpler solution, "no, please don't [go] down this legal rat hole. It would cause bullshit like people submitting dual licensed patches to the scheduler or GPL only patches to the ath5k or ACPI code. Instead, add a section to
Documentation/SubmittingPatches that clearly states that all changes to a file are licensed under the same license as the original file." Krzysztof Halasa pointed out that this was already the case, quoting a line from the Developer's Certificate of Origin contained in the
SubmittingPatches file which says, "the contribution was created in whole or in part by me and I have the right to submit it under the open source license indicated in the file".