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".