Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

From: Tarkan Erimer
Date: Sun Jun 10 2007 - 04:43:38 EST


Jan-Benedict Glaw wrote:
On Sat, 2007-06-09 15:57:55 +1000, Neil Brown <neilb@xxxxxxx> wrote:
On Saturday June 9, tarkan@xxxxxxxxxxxxx wrote:
As we know the forthcoming GPL V3 will be not compatible with the GPL V2 and Linux Kernel is GPL V2 only.
So, another point is, which is previously mentioned by Linus and others, that if it is decided to upgrade the Linux Kernel's License to GPL V3, it is needed the permission of all the maintainers permission who contributed to the Linux Kernel and there are a lot of lost or dead maintainers. Which makes it impossible to get all the maintainers' permission.
You don't need the permission of maintainers. You need the permission
of copyright owners. The two groups overlap, but are not the same.
Dead people cannot own anything, even copyright. Their estate
probably can. I don't think it is theoretically impossible to get
everyone's permission, though it may be quite close to practically
impossible.

And the next question is: How much copyright does a copyright owner
own? For example, think of drivers written by one person, but a small
number of lines changed here and there by others to adopt the code to
new APIs. Ask them all, I think?

MfG, JBG


And maybe another questions should be : How long a copyright owner can hold the copyright, if died or lost for sometime ? if died, the copyright still should be valid or not ? If lost, what the law orders at this point for copyright holding ?
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