Re: Article: IBM wants to "clean up the license" of Linux

Joseph Malicki (jmalicki@clampton.com)
Wed, 30 Dec 1998 01:37:57 -0500


At 03:58 PM 98/12/29 -0500, C S Hendrix wrote:
>Also, I was commenting on the idea that a new license can be applied
>to without the owner's consent. I don't think that is legal.
>If the GPL does that, it can't be legal. If it doesn't, then fine.
>

But doesn't having that line in there show consent? The way I read it,
if you use that line in your program, you explicitly give consent for
GPL v3 to be applied to it, even though you haven't seen it yet.
If you don't wish v3 to be able to be applied you can always remove
that line. Although if GPL v2 COPYING file says you can apply
GPL v3 (I haven't actually read it), then there is no such thing
as being GPL v2 only, which although it is definitely a problem,
still may be legal...

>It's not totally clear or people would not argue about it so much.
>I've talked to people after they read it, and they aren't sure
>about it.
>
>In some ways, I wish it would get tested in court just to see how
>things go.

That's almost meaningless, as judges vary so much... it would be
better to have good IP lawyers look over it.

Joseph Malicki

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