Messages in this thread | | | Date | Wed, 25 Jan 2006 11:24:13 -0800 | From | Marc Perkel <> | Subject | Re: GPL V3 and Linux - Dead Copyright Holders |
| |
Jeff V. Merkey wrote: > >>> Makes me wonder if something should be done to address the issue of >>> dead copyright holders. Not sure what but maybe there should be a >>> clause in GPL3 addressing that? >> >> >> >> Their heirs would have two years to bring a cause of action if they >> object. Proper notice could be served by posting a notice on the >> internet at kernel.org >> that their code is being redistributed under GPL3. I note that the >> general notice in the code states "GPL2 or any later version of the >> license". Given this >> language, it is highly likely the remaining code can proceed under a >> new license without incident since it can be assumed they already >> agreed by >> having this general notice posted at kernel.org for many years. I >> think the point is moot. Legally, there is exposure if their >> successors or owners >> of their estates bring action. Those outside the US would of course >> be subject to the laws of their jurisdiction. An attorney at FSF >> needs to review their >> code and render an opinion, but I think it will not be a problem. >> >> Jeff >> >>> > NOTE: Under the Doctrine of Esstopel, if you proceed on this basis > and two years pass without their heirs bringing an action of some > sort, then under this > legal doctrine, the rights to use their code under GPLv3 would in all > probability pass consitutional muster. Again, someone needs to run > this by an attorney at the FSF and get a formal legal opinion > rendered. The Doctrine of Esstopel basically says that if you use > something for some period of time, and no one > objects, then you obtain certain rights to use it permenantly. Not > wanting to disrespect the wishes of the dead, I would attempt to > contact the successors of > their estates in any event and obtain permission, and if not possible, > then proceed. > > Jeff
Is it possible to have Linux be mostly GPL3 with parts of it GPL2? Or is that just too insane to deal with?
- To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to majordomo@vger.kernel.org More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/
| |