Comment by maxloh
2 days ago
The PostgreSQL License is a variant of the BSD license and is therefore compatible with the (A)GPL.
Comprehend it this way: You create a blank (A)GPL project and incorporate the upstream BSD codebase into it. While those original upstream files remain under their original permissive license, the project as a whole is governed by the (A)GPL (plus the attribution requirements of the upstream license, which the GPL permits). From there, you can add your own code under the AGPL and distribute the combined work under the AGPL.
If someone takes your code and uses only your portion, they can use it under the AGPL alone. However, if they also include the upstream source code, then the attribution requirements of the upstream license must still be met.
Yes, BSD licenses are compatible with AGPL meaning BSD licensed code can be combined with AGPL licensed code while complying with both licenses. However, it does not give you permission to relicense the BSD code (or derivative works) as AGPL. The author is free to license any new code they write as AGPL, however the license for the machine translated code is another question. If it is considered a derivative work (which I think it should be) then it must remain under the Postgres license.
If it is not a derivative work, then for copyright to apply at all then it must be an "original work" which has "at least a modicum" of creativity applied by malisper in the translation. If this is satisfied then malisper could choose any license for the translated code they want, compatible with Postgres or not. If it isn't satisfied then no license applies, because it isn't eligible for copyright - essentially it is public domain.
The safe and polite thing to do is to keep the same license when performing machine translation.
IANAL, but calling this "relicensing" is technically inaccurate. It is more precise to describe it as adding constraints. When you combine your work with upstream code, you are layering additional requirements (like copyleft) onto the existing attribution requirements. The original limitations remain in effect. Therefore, it is not a shift from A to B, but rather from A to A ∪ B.
This practice is entirely compatible with the PostgreSQL License, but it is often prohibited by GPL variants. You typically cannot combine GPL code with code under most other copyleft licenses, such as the Eclipse Public License.
Regarding copyright status, AI-assisted work is increasingly recognized as copyrightable in many jurisdictions, provided the process involves a sufficient level of human creative input (though the specific threshold varies by jurisdiction). Only work generated purely by AI, with no human involvement, is arguably public domain. In a case like this, which is akin to "pair programming," the output is almost certainly copyrightable.
IAAL (not legal advice) and I’m not sure the issue is settled.
The BSD license only explicitly permits the author “to use, copy, modify, and distribute this software and its documentation for any purpose, without fee, and without a written agreement.”
By default, the owner of a protected work retains all rights not conveyed to someone else. Changing the license isn’t one of the enumerated activities, and so I think there’s a case to be made that it’s not permitted.
Now if the author wants to claim it’s a new work, as opposed to a modification (which opens up a big bag of issues by itself because this was AI-authored), then the author can license it however they see fit.
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