Jeff V. Merkey wrote:
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
NOTE: Under the Doctrine of Esstopel, if you proceed on this basis
and two years pass without their heirs bringing an action of some
sort, then under this
legal doctrine, the rights to use their code under GPLv3 would in all
probability pass consitutional muster. Again, someone needs to run
this by an attorney at the FSF and get a formal legal opinion
rendered. The Doctrine of Esstopel basically says that if you use
something for some period of time, and no one
objects, then you obtain certain rights to use it permenantly. Not
wanting to disrespect the wishes of the dead, I would attempt to
contact the successors of
their estates in any event and obtain permission, and if not possible,
then proceed.
Jeff
Is it possible to have Linux be mostly GPL3 with parts of it GPL2? Or is
that just too insane to deal with?
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