Re: GPL V3 and Linux - Dead Copyright Holders

["Jeff V. Merkey" <jmerkey@wolfmountaingroup.com>]

Marc Perkel wrote:

> Patrick McLean wrote:
>
> > Stephen Hemminger wrote:
> >
> >
> > Also, given that several of the copyright holders in the kernel are 
> > dead, I don't think we will be able to obtain permission.
>
> 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

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