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    SubjectRe: GPL version, "at your option"?
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    On Maw, 2004-11-16 at 14:40, Charles Cazabon wrote:
    > Also note that the only valid version of the GPL as far as the kernel
    > is concerned is _this_ particular version of the license (ie v2, not
    > v2.2 or v3.x or whatever), unless explicitly otherwise stated.

    Version 2 explicitly states

    | Each version is given a distinguishing version number. If the Program
    | specifies a version number of this License which applies to it and
    "any
    | later version", you have the option of following the terms and
    conditions
    | either of that version or of any later version published by the Free
    | Software Foundation. If the Program does not specify a version number
    of
    | this License, you may choose any version ever published by the Free
    Software
    | Foundation.

    The use of this by some kernel people is to issue "this version only"
    licenses is unfortunate, ill advised and potentially harmful. Firstly it
    isn't remotely clear what it means because the license itself never
    talks about this case, only the "or later" case. Secondly it may force
    code chunks to be rewritten if the GPL is modified to fix a legal
    problem in future and the original author or their estate or company [*]
    cannot be traced. Thirdly it may actually be meaningless anyway - the
    GPL doesn't talk about "this version only" in any of its text so it may
    be an "additional restriction" and thus a void clause.

    Think very hard before you use such a statement and if you do please
    ensure it has some kind of "unlocking" clause so that if you can't be
    contacted someone you trust (eg Linus) is authorised to make that
    decision for you. It would be good if other people who've used this
    would also execute such a change with Linus.

    Alan

    [*] This isn't that silly a situation the kernel community is large
    enough that more than one of its contributors is sadly deceased. The
    company case is even worse. Tracing company owned code from a defunct
    company is nigh on impossible and if you do trace it to an official
    receiver or the equivalent (such as a bankruptcy court) they may be
    legally obliged to extort as much money as possible from the person
    wanting to relicense it.


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