RE: GPL V3 and Linux - Dead Copyright Holders

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

> On Fri, Jan 27, 2006 at 11:50:43AM -0800, David Schwartz wrote:

> > Correct. However, all the GPL-based ones grant rights
> > *automatically* upon distribution.

> Of course not.  The license only applies if you accept it, and you
> don't have to.  It's not an EULA.

	You are correct that the license only applies if you accept it, but you are
incorrect if you think that you can fail to accept the GPL and thus restrict
the rights of those you distribute works to under some other license.

	Perhaps you're thinking that if I take a work that's dual-licensed under
the GPL and some other license, then distribute it under that other license,
the recipients don't get the GPL rights. That is not correct. GPL section 6
clearly states that the license is between the original author and the
ultimate recipient. The distributor has no say or control over this
automatic grant of license.

	Section 6 clears states that this license is:

	1) Automatic, not subject to anyone's discretion.

	2) From the original licensor, not the distributor.

	3) Under these terms and conditions, that is, the GPL.

	The case is the same if you modify the work and then distribute it. All
recipients still receive GPL rights from the original authors to the
respective contributions of those authors. You cannot stop it. It is
automatic, and it is from the original authors who agreed to give GPL rights
to all recipients when they placed their works under the GPL.

	DS


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