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Re: [nSLUG] Changing a software license



On Wed, Jan 16, 2002 at 03:20:08PM -0400, Matt Yanchyshyn wrote:
> Say I write some origianl code (that does not use any external
> libraries, programs or otherwise) and license it under the GPL or BSD
> license.  As the original author of that code, can I change its license
> later on or it it legally locked to its original public designation?  So
> far, I've been unable to find a clear answer.  More specifically, if
> this code is originally licensed as BSD and I decide to change it to
> GPL, will all those who used my code in their programs be forced to
> GPL-ify their work as well?  Likewise, if I move from BSD to GPL, may
> developpers previously under the GPL restrictions start to take
> advantage of the BSD license's extra freedoms?

 You can't retroactively do stuff.  If you want to move to a new license,
you can start making your new releases under the new license, but esp. with
the GPL (or I guess any license that allows redistribution), you can't stop
people getting your old software under the old license.  If you release of
some code under a BSD-style license, you can't stop people who already took
it and made use of it.  (Unless you say in the license that it is revocable,
I suppose.) If you re-release the same code, or a new version of the code,
under the GPL, that has no effect on your old BSD-style release.  People who
were incorporating your BSD-licensed code into non-GPL software will not be
able to make use of any new stuff you added with the new release, but they
don't have to stop using what they were already.

 I'm pretty sure this is how it works.  ianal, blah blah.  I am more sure
that the GPL is non-revocable.  There was a program do decode the block-list
from a censorware package, and it was released as GPL.  The company freaked,
and the authors agreed to sell all rights to the code, etc. The company
thought they were getting a retroactive deal, and that their move would kill
the software.  I think they tried to sue the authors or something when they
found out that they couldn't put the lid back on and stop people from
redistributing copies that they'd downloaded before it was sold.  I think
most people on /. agreed that the GPL is not revocable like that.  search /.
for the story if you want links to relevant docs, etc.

 happy hacking,

-- 
#define X(x,y) x##y
Peter Cordes ;  e-mail: X(peter@llama.nslug. , ns.ca)

"The gods confound the man who first found out how to distinguish the hours!
 Confound him, too, who in this place set up a sundial, to cut and hack
 my day so wretchedly into small pieces!" -- Plautus, 200 BCE



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