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GPLv2 -->GPLv3 | 197 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
GPLv2 -->GPLv3
Authored by: Tkilgore on Friday, September 14 2012 @ 04:13 PM EDT
I still don't see how Twin Peaks could now get around Section 7 of the GPLv2
without giving a free license to any patent which the company would wish to
assert, too. As quoted above,
the relevant section says

"7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues), conditions
are imposed on you (whether by court order, agreement or otherwise) that
contradict the conditions of this License, they do not excuse you from the
conditions of this License. If you cannot distribute so as to satisfy
simultaneously your obligations under this License and any other pertinent
obligations, then as a consequence you may not distribute the Program at all.
For example, if a patent license would not permit royalty-free redistribution of
the Program by all those who receive copies directly or indirectly through you,
then the only way you could satisfy both it and this License would be to refrain
entirely from distribution of the Program."

[ Reply to This | Parent | # ]

Not true
Authored by: jjs on Friday, September 14 2012 @ 06:00 PM EDT
Code licensed under "GPL 2 or later" can be licensed under
GPL3. However, Linux is under GPL2 (no "or later"), and
thus can't be relicensed without rewrite or getting
permission of every copyright holder.

The GPL2 license (http://www.gnu.org/licenses/old-
licenses/gpl-2.0.html) does NOT contain the relicensing.
it state:
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.

so explicitly states that to allow relicensing you need to
specify the "any later version."

---
(Note IANAL, I don't play one on TV, etc, consult a practicing attorney, etc,
etc)

[ Reply to This | Parent | # ]

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