Re: Linux and GPLv2
Missing from this discussion is a rather important aspect of this license...
the law. If GPL v3 comes out with provisions that are even arguablly
different from GPL v2 there will be all sorts of grounds for developers to
strike out the 'or later' language from all prior grants of access to their
code.
It is a matter of equity that is a) critical to any issue like this, and b)
all too often over looked by this list. It is quite difficult for someone to
agree to terms they have not seen before. More importantly, I don't see how
I could possibly agree to terms propagated by a body that does not have
privity in the contract (FSF). Unless you have assigned your copyright over
to them (and may programs have) I don't think that language is going to be
enforceable.
Of course, this assumes you actually want to take the matter to court... an
act often prohibitively expensive for most FOSS developers... but then
again, most of this conversation is academic anyway because it assumes people
will actually dislike v3 AND that there is infringement ABD that the
infringement is authorized under v3 but not v2.
-Sean
p.s. For those waiting for my comments on treble damages and patent
infringement, it is coming, I assure you... unfortunately finals have reared
their ugly head and I haven't had time to write something of reasonable
quality on the subject.
--
Sean Kellogg
2nd Year - University of Washington School of Law
GPSS Senator - Student Bar Association
Editor-at-Large - National ACS Blog [http://www.acsblog.org]
c: 206.498.8207 e: skellogg@u.washington.edu
So, let go
...Jump in
...Oh well, what you waiting for?
...it's all right
...'Cause there's beauty in the breakdown
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