RE: GPL V3 and Linux - Dead Copyright Holders

["David Schwartz" <davids@webmaster.com>]

> On Thu, Jan 26, 2006 at 06:15:54PM -0800, David Schwartz wrote:

> > 	Linus can't put additional restrictions on code he didn't
> > write. If the
> > authors licensed it under the GPL version 2 and "any later
> > version", Linus
> > can't re-release it under a more restrictive license.

> Yes he can.

	No. He can't.

> The authors licensed the code under _multiple_ licenses
> (even if some do not exist yet, which can be amusing, legally), each
> of the existing one(s) allowing redistribution if you accept it.

	Correct. However, all the GPL-based ones grant rights *automatically* upon
distribution. "Each time you redistribute the Program (or any work based on
the
Program), the recipient automatically receives a license from the original
licensor to copy, distribute or modify the Program subject to these terms
and conditions"

> He
> does not have to accept _all_ of them to redistribute, _one_ of them
> is enough.

	Correct. However, the recipient gets the benefit of all GPL-style licenses.
That's what clause 6 says, particularly the "automatically" part and the
"from the original licensor" part.

> And none of them allow to put the code under a different
> license, in contrast to say the LGPL.

	Correct. The grant of GPL license is automatic on distribution, and it is
from the original author to the recipient.

	DS


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