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Linus does NOT control "a very small portion of kernel code"; this is just FUD. Yes, people like Andrew Morton handle bits of code for him, but they do it at least partially because he trusts them. Implying they could relicence their "little bit of kernel code" under some other licence is as silly as saying the head of the Windows development team could "relicence their little bit of MS code." In both cases, it's not against the laws of physics, but it WOULD be against the law of copyright.
Linus does not have the copyright on most of the Linux kernel, he himself has said this. BUT, all of the contributors have released their code under the gpl, thus eliminating the need to own the copyright so long as you abide by the gpl. That's how Linus takes all these bits of code from thousands of contibutors and put them together to make the kernel. It's not because Linus has writen the code himself or all the contributers have assigned their code to Linus, it's because of the gpl.
Once you put it out there, it's out there, so long as you abide by the gpl. That applies to Linus as well and he abides by it.
And the fact is, there are kernel contributers who might dual license their contributions to the kernel, and if enough is done so, it's possible the rest could be rewriten and there could be, maybe not in name, but a fork of the Linux kernel that's all gpl v3. And if v3 kernel is more successful and the community stands behind it, Linus and the gpl v2 kernel will be overshadowed and possibly die off. This is just possible, not what's _going to happen_.






Member since:
2006-02-20
Again, I wasn't really talking about the kernel as I was talking about the code in the webapps. But again, Linus saying the kernel won't be GPL v3 is wrong. He doesn't want it, but he only controls a very small portion of the kernel code. If the other developers relicense their code so it falls under the GPL v3 as well, and if enough if it is done so, you could see a rewrite of the remaining GPL v2 code into v3 code. I'm not saying it's likely, but not nearly as improbable as some are making it out to be.