The GPLv2 is not a contract. It is supported by no consideration.
From: clarityabovecompulsion
Date: Tue Oct 02 2018 - 02:03:12 EST
by drinkypoo ( 153816 ) <martin.espinoza@xxxxxxxxx> on Monday October
01, 2018 @10:21AM (#57403506) Homepage Journal
>What consideration was given?
The right to redistribute was given in exchange for use of the license
for one's own code. Something for something. What was your question
again?
Incorrect.
The permission to redistribute was simply given, gratis, by the grantor.
He asked for nothing in return, and, infact received nothing, not even a
promise of compliance.
At a later date any of countless licensees might decide they wish make
derivative works based upon the copyright-owner's property.
By law this is barred.
However the copyright holder here has magnanimously granted that the
licensee is, contrary to the default rule, permitted to create and
publish derivative works provided that they use the same license as the
original work.
Here the copyright holder suffers a detriment. He is payed nothing for
this forbearance (no consideration).
The licensee does not suffer a detriment: he had no right to make nor
publish a derivative work to begin with.
The extending to him, of permission, is a pure gratuity.
He payed nothing for the change from "You may not create nor distribute
derivative works" to "You may create and distribute derivative works
under the same license as the original work".