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Re: Plan to release a gplv3 compliant debian-based release



On 07/05/2013 12:24 PM, David Weinehall wrote:

On Fri, Jul 05, 2013 at 04:14:57PM +0300, Uoti Urpala wrote:

[snip]

a post from Alan Cox explaining this. I don't see why you would
post your link again in full quote after that without explaining
why you still thought Linus wasn't wrong.

I posted it fully because the parent I responded to said that we
shouldn't just post links, thus I interpreted it as though the full
text of that link was prefered.

As for my opinions:

While Alan's opinions are certainly relevant for the large amounts of
code *he* has participated, I think anyone would be hard pressed to
argue that the kernel as a whole work doesn't originate from Linus.

I haven't finished reading that entire thread, but from what I've seen
so far, Alan's response was not about the code he (or anyone else in
particular) had contributed but about the meaning and interpretation of
the GPL.

While Linus' decision as to the license of his code is final, his
decision as to the meaning of the GPL and what needs to be done to
specify which version of the GPL is being used is not.

The kernel is indeed now clearly stated as being "GPL v2 only", and
apparently has been so since at least 2001. However, there is apparently
a legally cognizable argument to be made that the combination of A: the
clear text of the license with B: the way the kernel license was stated
at some point in history means that at that long-ago point in history
the kernel was in fact effectively "GPL v2 or later".

The fact that Linus apparently always intended it to be "v2 only" might
well override that argument if it ever got tested in court - but given
how much code and how much development you'd have to throw out to go
back to that ancient point and proceed forward without using any "v2
only" code, the odds of anyone ever bothering (much less of its ever
being tested in court) are exceedingly slim.

--
   The Wanderer

Warning: Simply because I argue an issue does not mean I agree with any
side of it.

Every time you let somebody set a limit they start moving it.
  - LiveJournal user antonia_tiger


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