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* The GPLv2 is not a contract, it is a revocable license.
@ 2018-10-15  8:32 svasthree
  0 siblings, 0 replies; 2+ messages in thread
From: svasthree @ 2018-10-15  8:32 UTC (permalink / raw)
  To: linux-kernel, debian-user, legal, users, dng

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The GPLv2 is not a contract, it is a revocable license.

Here is a paper explaining what the GPL is and is not:
http://illinoisjltp.com/journal/wp-content/uploads/2013/10/kumar.pdf

(With full citations).
(PDF attached)

Page 12 starts the relevant discussion.
Page 16 begins the explanation of all the ways the GPL is not a 
contract.

Later there is a short gloss of state law promissory estopple doctrines.
Remember: in the case of the linux kernel it, unlike other projects, 
omitted the "or any later version" codicil, and is only under version 2 
of the GPL, which makes no promise of irrevocability by grantor.

(Note: The SFConservancy recently chose to publish a "correction" that 
conflates clauses, within version 2 of the GPL, [that clarify that if a 
licensee's license is revoked by operation of the license for a 
violation of the terms, that sub-licensees licenses are not-in-turn 
automatically revoked] - [with an inexistent irrevocability doctrine 
within the text of the GPLv2])
(Additionally: Clause 0 of GPLv2 specifically defines the "you" in said 
clauses as referring to the licensee (not the grantor); the 
SFConservancy's conflation is shown to be ever more disingenuous)

The Linux Kernel License grant:
Is Not: a contract. [No breach of contract damages vs grantor if 
rescinded]
Is: a bare license akin to a property license.
And: There is no "irrevocable by grantor" promise in v2. [No promissory 
estopple defense]
.: Can be rescinded at will.

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^ permalink raw reply	[flat|nested] 2+ messages in thread

* The GPLv2 is not a contract, it is a revocable license.
@ 2018-10-14 21:35 missingterms
  0 siblings, 0 replies; 2+ messages in thread
From: missingterms @ 2018-10-14 21:35 UTC (permalink / raw)
  To: linux-kernel, debian-user
  Cc: rms, bruce, esr, moglen, bkuhn, editor, torvalds, tcallawa

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The GPLv2 is not a contract, it is a revocable license.

Enjoy the read:
http://illinoisjltp.com/journal/wp-content/uploads/2013/10/kumar.pdf

(With full citations).
(PDF attached)

Page 12 starts the relevant discussion.
Page 16 gives the rundown on all the ways the GPL is not a contract.

Later there is a short gloss of state law promissory estopple doctrines, 
but remember: in the case of the linux kernel it, unlike other projects, 
omitted the "or any later version" codicil, and is only under version 2 
of the GPL, which makes no promise of irrevocability by grantor.

(Note: The  SFConservancy conflates clauses that clarify that if a 
licensee's license is automatically revoked for a GPL violation, that 
sub-licensees licenses are not-in-turn automatically revoked)
(Additionally: Clause 0 of GPLv2 specifically defines the "you" in said 
clauses as referring to the licensee (not the grantor), so the 
SFConservancy's conflation is shown to be ever more disengenious)
(Little more that a hope and a prayer to the wind)

So: Not a contract. Is a bare license akin to a property license. And 
there is no "irrevocable by grantor" promise in v2. .: Can be rescinded 
at will.


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2018-10-15  8:32 The GPLv2 is not a contract, it is a revocable license svasthree
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2018-10-14 21:35 missingterms

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