Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S1751060AbWAaXJR (ORCPT ); Tue, 31 Jan 2006 18:09:17 -0500 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S1751067AbWAaXJR (ORCPT ); Tue, 31 Jan 2006 18:09:17 -0500 Received: from smtp.osdl.org ([65.172.181.4]:29367 "EHLO smtp.osdl.org") by vger.kernel.org with ESMTP id S1751055AbWAaXJQ (ORCPT ); Tue, 31 Jan 2006 18:09:16 -0500 Date: Tue, 31 Jan 2006 15:08:40 -0800 (PST) From: Linus Torvalds To: Rene Herman cc: "Jeff V. Merkey" , Alan Cox , Chase Venters , "linux-os \\(Dick Johnson\\)" , Kyle Moffett , Marc Perkel , Patrick McLean , Stephen Hemminger , linux-kernel@vger.kernel.org Subject: Re: GPL V3 and Linux - Dead Copyright Holders In-Reply-To: <43DFDEF9.2030001@keyaccess.nl> Message-ID: References: <43D114A8.4030900@wolfmountaingroup.com> <20060120111103.2ee5b531@dxpl.pdx.osdl.net> <43D13B2A.6020504@cs.ubishops.ca> <43D7C780.6080000@perkel.com> <43D7B20D.7040203@wolfmountaingroup.com> <43D7B5C4.5040601@wolfmountaingroup.com> <43D7D05D.7030101@perkel.com> <1138387136.26811.8.camel@localhost> <1138620390.31089.43.camel@localhost.localdomain> <43DF9D42.7050802@wolfmountaingroup.com> <43DFB0F2.4030901@wolfmountaingroup.com> <43DFDEF9.2030001@keyaccess.nl> MIME-Version: 1.0 Content-Type: TEXT/PLAIN; charset=US-ASCII Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org Content-Length: 2594 Lines: 65 On Tue, 31 Jan 2006, Rene Herman wrote: > > And this is not a bad point -- the license and the program are indeed not the > same; they are not even copyrighted by the same people. Umm.. I really think that is a total strawman. _Most_ of the kernel isn't copyrighted by "the same people". Many parts of the kernel are available from tons of different people (and are sometimes available under different licenses). That doesn't make them less part of the kernel program. And btw, the GPL (the license text) is not incompatible with itself. Yes, the license says "Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed." but the fact is, the GPL also says that any license notices must be kept intact, and that a copy of the GPL itself must be given along with the program (in section 1). The requirement that you be able to modify and distribute the modified (section 2) is only _provided_ you also honor section 1. So the fact that you're not allowed to change the license text is _not_ against the GPL itself, and including the license as part of the program is in no way against the GPL. So the fact that the license has a different copyright and is written by different people is in _no_ way different from the fact that other parts of the kernel were perhaps originally BSD-licensed. GPLv2 can happily cover those cases. So go back instead to "section 0". Now THAT is I think the relevant one: "0. 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. ..." Notice how the GPLv2 text says that it applies to any program that just says it is licensed under the General Public License. I'm convinced _that_ is how you get "no version specified" in section 9. You have a program that just says "This is licensed under the GPL", instead of doing the full thing. And I say that the Linux kernel has contained a notice placed by the copyright holder (the "COPYING" file) that says that it's to be distributed under (and I quote from the top): GNU GENERAL PUBLIC LICENSE Version 2, June 1991 and that's it. Ok. Back to work. This thread has been _waa-aayy_ too long. Linus - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to majordomo@vger.kernel.org More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/