Re: Linux 2.6.9 and the GPL Buyout

From: Bernd Petrovitsch
Date: Tue Dec 21 2004 - 13:07:13 EST

On Tue, 2004-12-21 at 09:11 -0700, Jeff V. Merkey wrote:

> A copyright holder can re-release their code under any license they
> choose, even if

ACK. For a given piece of code this means all copyright holders (not
just one).

> they have released under GPL previously. This is because GPL code
> really isn't free,

No, this has nothing to do with it.

> it's owned by the copyright holder. And honestly, the way the GPL is

That holds for all written works - text, music, source code,
paintings, ...

> worded it
> in fact affects an implied transfer of copyright ownership to whomeve
> receives it.

Yes, and this is actually makes the GPL incompatible with Author's
rights. However, you are allowed to transfer all rights of use of your
works (which all the artist and programmers are doing) which is usually
enough to satisfy the GPL. IANAL though (and this has not been tested in
court AFAIK).
And for the Linux kernel, Linus actually likes it that way AFAICT.

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

That depends on the definition of "free" (and the goals of the defining
parties) and there are more than one - e.g. behind the GPL and BSD
license are different interpretationms of "free".

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