Re: The linux devs can rescind their license grant.
From: visionsofalice
Date: Fri Oct 26 2018 - 13:33:04 EST
On 2018-10-26 13:15, Eben Moglen wrote:
They can do neither. There is no "doctrine established in Jacobsen."
The license terms of the GPLv2, GPLv3, and all related licenses
provide a mode of termination---for imposition of additional
restrictions or violation of other terms. This termination provision,
being explicit, is therefore the sole form of termination recognized
under the terms of the Copyright Act.
Incorrect. This rule is only valid for bargained-for copyright licenses
supported by consideration.
The GPLv2 is not such a situation for most licensees.
You are conflating case law dealing with commercial software and
non-gratuitous licenses with the present situation, which would likely
be a case of first-impression in nearly any jurisdiction.
The rule for gratuitous licenses is that they are revocable at the will
of the grantor.
Raymond Nimmer (God rest his soul) was in agreement on this point,
vis-a-vis the GPL and similar licenses.