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SubjectRe: Article: IBM wants to "clean up the license" of Linux

In message <>, Joseph Mal
icki writes:

> At 03:58 PM 98/12/29 -0500, C S Hendrix wrote:
> >Also, I was commenting on the idea that a new license can be applied
> >to without the owner's consent. I don't think that is legal.
> >If the GPL does that, it can't be legal. If it doesn't, then fine.
> >
> But doesn't having that line in there show consent? The way I read it,
> if you use that line in your program, you explicitly give consent for
> GPL v3 to be applied to it, even though you haven't seen it yet.

It shows you consented, yeah. But I still don't know what it
means legally. It's ambiguous at best.

> If you don't wish v3 to be able to be applied you can always remove
> that line. Although if GPL v2 COPYING file says you can apply
> GPL v3 (I haven't actually read it), then there is no such thing
> as being GPL v2 only, which although it is definitely a problem,
> still may be legal...

Remove a line from a copyrighted work?

Let's say I have a README that says the license is GPL v2. OK, that
seems to cover things. Someone goes and gets the file and sees that
it also means v3 can be applied. Hmmm... aren't they in conflict?

I still think lawyers would have a verbal joy-ride with this.

> That's almost meaningless, as judges vary so much... it would be
> better to have good IP lawyers look over it.

Probably true. I've sat in a courtroom and been amazed at how
things went. Like someone else said, a lawyer looks at something
like the GPL and sees a totally different thing than you or I does.
Something about it being, to them, English words but otherwise a
totally different language.

Shannon - - InfiNet?
"Consulting wouldn't be what it is today without Microsoft Windows"
-- Chris Pinkham

Shannon - - - Linux 2.0.x
"There is no such thing as security. Life is either bold adventure,
or it is nothing -- Helen Keller"

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