GPL version 2 is a bare license. Recind. (Regarding (future) linux Code of Conduct Bannings).

From: observerofaffairs
Date: Mon Sep 17 2018 - 18:21:09 EST

Regarding those who are ejected from the Linux Kernel Community after this CoC:

Contributors can, at any time, rescind the license grant regarding their property via written notice to those whom they are rescinding the grant from (regarding their property (code)).

The GPL version 2 lacks a no-rescission clause (the GPL version 3 has such a clause: to attempt furnish defendants with an estoppel defense, the Linux Kernel is licensed under version 2, however, as are the past contributions).

When the defendants ignore the rescission and continue using the plaintiff's code, the plaintiff can sue under the copyright statute.

Banned contributors _should_ do this (note: plaintiff is to register their copyright prior to filing suit, the copyright doe not have to be registered at the time of the violation however)

Additionally when said banned contributors joined the Linux team, they were under the impression that it was a meritocracy: in-fact this belief was stated or ratified by those within the governing body regarding Linux when the contributors began their work (whatever that body was at that time, it could have been simply Linus, or Linus and a few associates).

The remuneration for the work was implied to be, or perhaps stated, to be fame as-well as a potential increase in the contributors stature, in addition to membership in the Linux Kernel club or association, or whatever it is that the Linux Kernel Community actually is (which a court may determine... it is something, suffice to say).

Thusly for work, consideration was promised by (Linus? Others? There are years of mailing list archives with which to determine).

And now that consideration has been clawed-back and the contributors image has been tarnished.

Thus the worker did work, however the other side of the implied, or perhaps written (email memorandums), understanding has been violated (once the contributor has been banned under the new non-meritocratic "CoC").

Damages could be recovered under: breach of contract, quazi-contract, libel, false-light. (services rendered for the contractual claims, future lost income for the libel claims)

In addition to copyright claims. (statutory damages, profits)

For greatest effect, all rescission should be done at once in a bloc. (With other banned contributors).

Contributors: You were promised something, you laboured for that promise, and now the promise has become a lie. You have remedies available to you now, as-well as in the close future.

Additionally, regarding those who promoted the Code of Conduct to be used against the linux kernel contributors, knowing full well the effect it would have and desiring those effects; recovery for the ejected contributors via a tortious interference claim may be possible.