Re: GPL V3 and Linux - Dead Copyright Holders

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Linus Torvalds wrote:
The Linux kernel is under the GPL version 2. Not anything else. Some
 individual files are licenceable under v3, but not the kernel in
general.

I believe that if v2 and v3 turn out to be incompatible, it would be
quite hard to rationalise v3+ licensed files inside the kernel. So when
people want their code to be in the kernel and still be v3+ compatible,
they should probably dual license it, or include a specific section
saying that the code can be licensed under v2 only if in the context of
the Linux kernel.

And quite frankly, I don't see that changing. I think it's insane to
 require people to make their private signing keys available, for
example. I wouldn't do it. So I don't think the GPL v3 conversion is
going to happen for the kernel, since I personally don't want to
convert any of my code.

I'm not sure this is the correct interpretation of the current draft. I
assume you're referring to this part:

GPLv3-draft1:
> (...)
Complete Corresponding Source Code also includes any encryption or
authorization codes necessary to install and/or execute the source
code of the work, perhaps modified by you, in the recommended or
principal context of use, such that its functioning in all
circumstances is identical to that of the work, except as altered by
your modifications. It also includes any decryption codes necessary
to access or unseal the work's output. Notwithstanding this, a code
need not be included in cases where use of the work normally implies
the user already has it.
(...)

I'd interpret that as forcing people who try to hide their code or make it difficult to get at the source code to not be able to do that. I'm not sure this would affect the Linux kernel at all and I don't think it would require any of your private keys to be disclosed at all. If you would sign or encrypt the kernel distribution with your private key, everyone would need to have access to your public key, but that's the whole idea anyway.

Cheers

Simon
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