From: "David Schwartz" <davids@webmaster.com>
To: "Linux Kernel Mailing List" <linux-kernel@vger.kernel.org>
Subject: RE: GPL V3 and Linux - Dead Copyright Holders
Date: Wed, 1 Feb 2006 17:08:33 -0800
Message-ID: <MDEHLPKNGKAHNMBLJOLKOEIDJNAB.davids@webmaster.com>
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> The fact is, the copyright notices and licenses really _are_ a very
> integral part of "Program". You cannot separate one from the other - not
> conceptually, and not physically - and trying to do so would in fact be a
> clear violation of section 1.

	Is it your position that a program distribution that includes a copy of
GPLv2 and contains no other information about licensing is licensed *only*
under GPLv2 and you can not substitute a later version at your option?

	It may help to review section 9:

"Each version is given a distinguishing version number.  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."

	Do you see in here *any* reference to a way to limit a program so that only
one particular version of the GPL applies to it?

	In fact, the kernel's notice that you may only use v2 and no later version
of the GPL appears, to me, to be an additional restriction that is not
permitted by the GPL. That is, unless you can find a GPL section that
permits that type of restriction. I was unable to find one. None of the
examples included with the GPL include any such restriction of that type.

	I previously wrote that I thought that you could do so by including a
notice to that effect in every file. I now do not believe that is the case.
You cannot include any other type of restriction in a file under the GPL,
and I don't see why that type of restriction would be an exception.

	DS


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