Re: GPL V3 and Linux - Dead Copyright Holders

[Roland Kuhn <rkuhn@e18.physik.tu-muenchen.de>]

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Hi David!

On 27 Jan 2006, at 03:15, David Schwartz wrote:

>
>> Linus is posturing. I can go back to numerous previous versions  
>> when he
>> and stallman were "buddy buddy" and the language was open
>> and said "any later version". Well, here's the gotcha. Any version
>> released before Linus said this is GPL 2, 3 or later. As of today,  
>> all new
>> versions are GPLv2. That's how the law works. So 2.6.15 forward is  
>> GPLv2
>> only. Linus cannot re-release previous Linux versions after he
>> already posted this NOTICE in COPYING, which he did and left the
>> language pen like this. So it's up to the recevier of the code  
>> whether
>> its GPLv2 or GPLv3 or whatever, but those releases which appeared  
>> with
>> COPYING stating this language are whatever GPL license you
>> want.
>>
>> Jeff
>
> 	Linus can't put additional restrictions on code he didn't write.  
> If the
> authors licensed it under the GPL version 2 and "any later  
> version", Linus
> can't re-release it under a more restrictive license. Read section 6
> carefully:
>
>   6. Each time you redistribute the Program (or any work based on the
> Program), the recipient automatically receives a license from the
> original licensor to copy, distribute or modify the Program subject to
> these terms and conditions.  You may not impose any further
> restrictions on the recipients' exercise of the rights granted herein.
> You are not responsible for enforcing compliance by third parties to
> this License.
>
> 	Notice that the code is licensed to you by the "original  
> licensor", not by
> the distributor. The inability to choose a later GPL version is  
> definitely a
> "further restriction".
>
> 	At least, that's how I read it.

Excuse my ignorant jumping into this thread. Correct me if I'm wrong:  
Linus takes code provided by others under "GPLv2 or any later  
version" and decides to comply to the rules of v2, which allow him to  
distribute the work under v2 only. Incidentally v2 is also the less  
strict than v3, so all Linus does is take the greatest freedom he is  
offered (and pass it on, of course).

The problem would start only if someone insisted on GPLv3 for his/her  
code and wanted to get it merged in Linus' tree. I think the only one  
to clarify this point is Linus, and he has already done so.

Ciao,
                     Roland

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