Linked by Thom Holwerda on Tue 7th Feb 2006 23:54 UTC, submitted by sean batten
GNU, GPL, Open Source "Linus Torvalds doesn't want to change the Linux kernel's software license, and he said so again last week. For good measure this time, he threw in some inflammatory remarks. "I literally feel," wrote Torvalds, "that we do not, as software developers, have the moral right to enforce our rules on hardware manufacturers. We are not crusaders, trying to force people to bow to our superior God." Since the crusades were a foreign adventure responsible for the deaths of tens of thousands, that's not the most diplomatic response, and FSF counsel Eben Moglen refused to be drawn into retaliation when we contacted him for comment."
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RE[13]: No
by erpa on Wed 8th Feb 2006 20:14 UTC in reply to "RE[12]: No"
erpa
Member since:
2006-02-08

The provision that you mentioned has prerequisites:

If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation.

If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

In other words, there are only two cases where you can change the license to a different version:
1) The copyright owner explicitly allows it, for example, using the "any later version" clause.
2) The software is released under GPL with no version number specified.

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RE[14]: No
by Moulinneuf on Wed 8th Feb 2006 21:40 in reply to "RE[13]: No"
Moulinneuf Member since:
2005-07-06

"In other words"

No ;-) , there is no *In other words* clause in the license. Your interpretation is false.

There are many cases where you can change the license to a different version:

- The copyright owner allow it.
- The copyright owner dont see any harm in what your doing and dont enforce is copyright.
- The license allow it ( V2 )
- The license term to wich the original author and copyright maker as agreed to is also subject to that state you must give the same rights and freedom you have yourself received.

Let me put this in another form :

- Linus Thorvalds allow it.
- Linux Thorvalds dont see any harm in what your doing and whont enforce is copyright.
- The GPL allow it ( V2 )
- The GPL say that you must grant the same right and freedom you yourself have received from the GPL.

http://www.linux-watch.com/news/NS3301105877.html

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RE[15]: No
by erpa on Wed 8th Feb 2006 21:54 in reply to "RE[14]: No"
erpa Member since:
2006-02-08

Let me ask you, how would you interpret the following statements in GPLv2:

- From section 2b:
You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.

- From section 9:
If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation.

If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

Edited 2006-02-08 21:56

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RE[15]: No
by erpa on Wed 8th Feb 2006 22:13 in reply to "RE[14]: No"
erpa Member since:
2006-02-08

Let me put this in another form :
- Linus Thorvalds allow it.


No. His code is released in GPLv2 only. Whether he'll re-release them in GPL3 remains to be seen.

- Linux Thorvalds dont see any harm in what your doing and whont enforce is copyright.

Prove it, please.

- The GPL allow it ( V2 )

Please quote exactly where GPLv2 allows it.

btw, you mis-spelled Linus' last name. It's Torvalds, without the "h".

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