Re: Linux 2.6.9 and the GPL Buyout

From: Jeff V. Merkey
Date: Tue Dec 21 2004 - 11:10:28 EST

Bernd Petrovitsch wrote:

On Mon, 2004-12-20 at 15:47 -0600, Jeff V. Merkey wrote:

GPL code remains GPL code. Code written and republished under Cherokee
Nation Copyrights or Cherokee Nation Public license will become sovereign and

You probably cannot "republish code under a different license" -
especially not if it was released under Author's rights (in german:
"Urheberrecht") which is not uncommon in continental Europe.
Anf getting rid of the GPL (which your "republish under some new
license" implies) requires IMO the explicit written agreement of all
concerned persons.

BTW the only possibility of getting rid of Author's right is to wait for
the death of the last author of a given text/music/source code and wait
than 70 years (as it stands now).

under tribal jurisdiction and laws. We are publishing the draft legislation

So you are simply forking a part of the Linux kernel thus making all of
the other code inthat project GPL and probably not gaining anything
Have fun with your Linux kernel fork similar to all other forks ...


A copyright holder can re-release their code under any license they choose, even if
they have released under GPL previously. This is because GPL code really isn't free,
it's owned by the copyright holder. And honestly, the way the GPL is worded it
in fact affects an implied transfer of copyright ownership to whomeve receives it.

Truly free code isn't copyrighted by any individual, or is copyrighted by an organization
that uses a license that really is free.

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