Re: GPL V3 and Linux - Dead Copyright Holders

[Marc Perkel]

Jeff V. Merkey wrote:
> > > Makes me wonder if something should be done to address the issue of 
> > > dead copyright holders. Not sure what but maybe there should be a 
> > > clause in GPL3 addressing that?
> >
> >
> >
> > Their heirs would have two years to bring a cause of action if they 
> > object.  Proper notice could be served by posting a notice on the 
> > internet at kernel.org
> > that their code is being redistributed under GPL3.  I note that the 
> > general notice in the code states "GPL2 or any later version of the 
> > license".  Given this
> > language, it is highly likely the remaining code can proceed under a 
> > new license without incident since it can be assumed they already 
> > agreed by
> > having this general notice posted at kernel.org for many years.   I 
> > think the point is moot.  Legally, there is exposure if their 
> > successors or owners
> > of their estates bring action.  Those outside the US would of course 
> > be subject to the laws of their jurisdiction.  An attorney at FSF 
> > needs to review their
> > code and render an opinion, but I think it will not be a problem.
> >
> > Jeff
> >
> > >
> NOTE:  Under the Doctrine of Esstopel, if you proceed on this basis 
> and two years pass without their heirs bringing an action of some 
> sort, then under this
> legal doctrine, the rights to use their code under GPLv3 would in all 
> probability pass consitutional muster.  Again, someone needs to run 
> this by an attorney at the FSF and get a formal legal opinion 
> rendered.  The Doctrine of Esstopel basically says that if you use 
> something for some period of time, and no one
> objects, then you obtain certain rights to use it permenantly.  Not 
> wanting to disrespect the wishes of the dead, I would attempt to 
> contact the successors of
> their estates in any event and obtain permission, and if not possible, 
> then proceed.
>
> Jeff

Is it possible to have Linux be mostly GPL3 with parts of it GPL2? Or is 
that just too insane to deal with?

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