Message-ID: <43DA74EC.4070401@wolfmountaingroup.com>
Date: Fri, 27 Jan 2006 12:30:52 -0700
From: "Jeff V. Merkey" <jmerkey@wolfmountaingroup.com>
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To: davids@webmaster.com
Cc: galibert@dspnet.fr.eu.org, linux-kernel@vger.kernel.org
Subject: Re: GPL V3 and Linux - Dead Copyright Holders
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David Schwartz wrote:

>>On Fri, Jan 27, 2006 at 11:50:43AM -0800, David Schwartz wrote:
>>    
>>
>
>  
>
>>>Correct. However, all the GPL-based ones grant rights
>>>*automatically* upon distribution.
>>>      
>>>
>
>  
>
>>Of course not.  The license only applies if you accept it, and you
>>don't have to.  It's not an EULA.
>>    
>>
>
>	You are correct that the license only applies if you accept it, but you are
>incorrect if you think that you can fail to accept the GPL and thus restrict
>the rights of those you distribute works to under some other license.
>
>	Perhaps you're thinking that if I take a work that's dual-licensed under
>the GPL and some other license, then distribute it under that other license,
>the recipients don't get the GPL rights. That is not correct. GPL section 6
>clearly states that the license is between the original author and the
>ultimate recipient. The distributor has no say or control over this
>automatic grant of license.
>
>	Section 6 clears states that this license is:
>
>	1) Automatic, not subject to anyone's discretion.
>
>	2) From the original licensor, not the distributor.
>
>	3) Under these terms and conditions, that is, the GPL.
>
>	The case is the same if you modify the work and then distribute it. All
>recipients still receive GPL rights from the original authors to the
>respective contributions of those authors. You cannot stop it. It is
>automatic, and it is from the original authors who agreed to give GPL rights
>to all recipients when they placed their works under the GPL.
>
>	DS
>  
>
This language constitutes conversion and violates about a dozen laws in 
a dozen states. This whole recipricol rights
grant language would have to be litigated, and I don't think anyone will 
know the outcome. I think it would end up
with the Judge saying "You guys take your stuff and go, and you GPL 
people take your stuff and go, and neither one of
you can distribute the others IP".

Jeff
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