Message-ID: <43D7D05D.7030101@perkel.com>
Date: Wed, 25 Jan 2006 11:24:13 -0800
From: Marc Perkel <marc@perkel.com>
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To: "Jeff V. Merkey" <jmerkey@wolfmountaingroup.com>
CC: Patrick McLean <pmclean@cs.ubishops.ca>,
       Stephen Hemminger <shemminger@osdl.org>, linux-kernel@vger.kernel.org
Subject: Re: GPL V3 and Linux - Dead Copyright Holders
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Jeff V. Merkey wrote:
>
>>> Makes me wonder if something should be done to address the issue of 
>>> dead copyright holders. Not sure what but maybe there should be a 
>>> clause in GPL3 addressing that?
>>
>>
>>
>> Their heirs would have two years to bring a cause of action if they 
>> object.  Proper notice could be served by posting a notice on the 
>> internet at kernel.org
>> that their code is being redistributed under GPL3.  I note that the 
>> general notice in the code states "GPL2 or any later version of the 
>> license".  Given this
>> language, it is highly likely the remaining code can proceed under a 
>> new license without incident since it can be assumed they already 
>> agreed by
>> having this general notice posted at kernel.org for many years.   I 
>> think the point is moot.  Legally, there is exposure if their 
>> successors or owners
>> of their estates bring action.  Those outside the US would of course 
>> be subject to the laws of their jurisdiction.  An attorney at FSF 
>> needs to review their
>> code and render an opinion, but I think it will not be a problem.
>>
>> Jeff
>>
>>>
> NOTE:  Under the Doctrine of Esstopel, if you proceed on this basis 
> and two years pass without their heirs bringing an action of some 
> sort, then under this
> legal doctrine, the rights to use their code under GPLv3 would in all 
> probability pass consitutional muster.  Again, someone needs to run 
> this by an attorney at the FSF and get a formal legal opinion 
> rendered.  The Doctrine of Esstopel basically says that if you use 
> something for some period of time, and no one
> objects, then you obtain certain rights to use it permenantly.  Not 
> wanting to disrespect the wishes of the dead, I would attempt to 
> contact the successors of
> their estates in any event and obtain permission, and if not possible, 
> then proceed.
>
> Jeff

Is it possible to have Linux be mostly GPL3 with parts of it GPL2? Or is 
that just too insane to deal with?

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