Reply to post: Re: GPL v2 versus GPL v3

Linux kernel's 'seat warmer' drops 4.19-rc5 with – wow – little drama

bombastic bob Silver badge

Re: GPL v2 versus GPL v3

uh, no. you can't suddently GPLv3 what you've contributed. here's why:

a) the version you contributed was covered by the GPLv2 at the time you contributed it;

b) once it has been incorporated it's part of another work covered by GPLv2; Keep in mind that the GPL allows you to do a 'derived work' based on the original, so long as it's covered by GPLv2.

c) any future changes you make are still yours, but it's no longer "the covered work", including the new license [if that's the only change].

"retroactive license changes" can NOT be enforced. They were not 'agreed to'. It's like changing a contract by tearing up the old one and handing a new one to the other party, and saying "this is the new contract, you are in violation of it, and I'm suing you."

And, if the only reason for revoking a work is a petty disagreement over a 'code of conduct', you'll be laughed out of any courtroom. The judge will most likely tell you "if you do not like the new code of conduct, you do not have to participate in that activity any more." But any work you've already submitted is, of course, already submitted. And you did it under the OLD code of conduct, which you may have implicitly agreed to...

Anyway, I'd say "go ahead, @#$%'ers TEST THIS IN COURT and see what happens". I doubt any GPL-related claims would fly, and if they *DID* it will *KILL* open source software.

Amazingly being 'legally tricky' like this isn't the way the law works. If it were, there'd be no standard at all. but hey I look at what various scheisters are trying to get away with in the public eye ALL of the time, like using accusations to ruin someone's reputation/life, being tried in the press, all because of trickery and unsubstatiated 3rd party rumors. A lot of companies and organizations will pay a settlement to shut these idiots up. If you can't, you SHOULD fight them, set a precedent, and make THEM pay the cost. being an asshat like that should have a PENALTY associated with it.

IANAL but I've had to deal with this kind of crap before. I fought it and kept the wolves at bay until it no longer mattered. Also hurt THEM a bit, too [cost them money, laughed at that a lot, except my bill was higher].

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