Issues with how the GNU GPL is used for Linux (the kernel)

[Sam Liddicott]

Jan Braunisch wrote:

>>>If the code is Free Software under the GPL, may I only use GPL v2 as
>>>Linus says or am i allowed to use any version of the GPL if i want to
>>>redistribute it, according to "If the Program does not specify a version
>>>number of this License, you may choose any version ever published by the
>>>Free Software Foundation." under section 9 of the GPL.
>>>      
>>>
>>No, the Authors clearly stated that only v2 applies for the kernel as a
>>whole, again single files may be under a different license (GPL
>>compatible), and so, some of them may be under a GPL version that allow
>>them to be used with the future GPLv3 license. Again to determine it you
>>should really contact the authors of the files and ask them.
>>    
>>
>
>What if I take the kernel from before that notice was added?
>Then there would be nothing at all specifying that only the GPL v2 should be 
>used.
>
>  
>
indeed.... and all those pro GPL3 developers can let you take their patches.
The trouble is patches are often re-worked during application; whose 
patches are they then?

>I also would also like to poit out that the GPL under section 0 says:
>
>This License applies to any program or other work which contains a notice 
>placed by the copyright holder saying it may be distributed under the terms 
>of this General Public License.
>
>Such a notice is not present for most of the files in the kernel sorce.
>
>
>What if Torvalds would add want to relicense Linux under the GPL v3, could he 
>change the COPYING file without the permission of all the people that have 
>added code to the kernel without specifying a license?
>  
>
It was said that the COPYING file signifies the authors intentions. I 
think we need to ask if many of the kernel developers ever had any 
intention relating to gpl2/gpl3 at all.

I've contributed snippets to the kernel under another name and I never 
had any particular intention. (Someone else signed them off, it was 
post-SCO)

Sam
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