RE: GPL V3 and Linux - Dead Copyright Holders

From: David Schwartz
Date: Thu Jan 26 2006 - 21:57:01 EST



> I suggest you read section 9, even more carefully. It's not an additional
> restriction, it's a option that the license provides, which Linus chose.

Linus can choose the license for his own code. He can also set the rules
for contributions to Linux and set up the assumed licensing terms when code
is offered for inclusion. He cannot, however, change the license on any code
he did not write. He cannot even grant a license to any code he did not
write.

From section 6, "Each time you redistribute the Program (or any work based
on the
Program), the recipient automatically receives a license from the original
licensor to copy, distribute or modify the Program subject to these terms
and conditions. You may not impose any further restrictions on the
recipients' exercise of the rights granted herein.

The grant of license does not come from the person doing the distributing,
it comes from the original licensor, which is the original author of each
portion. The license grant is automatic, so you can't modify it or affect it
in any way.

DS


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