Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S1758882AbXFPB5T (ORCPT ); Fri, 15 Jun 2007 21:57:19 -0400 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S1757731AbXFPB5M (ORCPT ); Fri, 15 Jun 2007 21:57:12 -0400 Received: from static-71-162-243-5.phlapa.fios.verizon.net ([71.162.243.5]:39861 "EHLO grelber.thyrsus.com" rhost-flags-OK-OK-OK-OK) by vger.kernel.org with ESMTP id S1757466AbXFPB5L (ORCPT ); Fri, 15 Jun 2007 21:57:11 -0400 From: Rob Landley Organization: Boundaries Unlimited To: Linus Torvalds Subject: Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3 Date: Fri, 15 Jun 2007 21:57:14 -0400 User-Agent: KMail/1.9.6 Cc: Ingo Molnar , Daniel Hazelton , Michael Gerdau , Alexandre Oliva , Lennart Sorensen , Greg KH , debian developer , "david@lang.hm" , Tarkan Erimer , linux-kernel@vger.kernel.org, Andrew Morton References: <20070615224403.GA23721@elte.hu> In-Reply-To: MIME-Version: 1.0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: 7bit Content-Disposition: inline Message-Id: <200706152157.15444.rob@landley.net> Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org Content-Length: 1285 Lines: 28 On Friday 15 June 2007 18:59:14 Linus Torvalds wrote: > So it's true: the GPL just gives you rights, and without it you have no > rights (other than fair use ones etc), and blah blah. But the distinction > between "license" vs "contract" really isn't a very important one in any > case. Er, copyright law is federal, contract law is generally state level? So not only does contract law vary a lot more by jurisdiction, but it's enforced by different courts than suits over copyright? (You'll notice the GPL doesn't say which state law holds sway. If it was a contract this would be kind of important.) Also, in addition to the "exchange of value" bit there's "privity of contract" and "informed consent" when dealing with contract, which are cans of worms which can be avoided by Not Going There (tm)... (These were largeish issues in the SCO vs Novell case, involving lots of motions in Utah detailed blow-by-blow on Groklaw...) Rob -- "One of my most productive days was throwing away 1000 lines of code." - Ken Thompson. - 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/