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"there is no obvious way to re-gain a license to GPL'd code once it's been terminated" This is false for GPLv2, sadly, despite people wanting it to be so. GPL

"there is no obvious way to re-gain a license to GPL'd code once it's been terminated" This is false for GPLv2, sadly, despite people wanting it to be so. GPLv2 says "6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License." So every time vmware downloads the kernel, they get a license. Even if the prior time, it was terminated. (THis is pretty well accepted, but not happily, by most open source lawyers). GPLv3 is different here.

hugoroy 12y ago
Section 6 does not say that at all. "Each time you redistribute the Program" In this sentence "You" would be VMWare, not the authors of Linux. "the recipient automatically receives a license from the original licensor to copy" the Linux license is between Linux authors and recipients of VMWare software. So section 6 does not say Vmware gets a new license each time they get a copy of Linux. Section 6 just makes sure that even if someone along the chain of distribution of the GPL software fails to comply, not all receiving parties down the path are automatically in failure to comply.
- maxerickson 12y ago
  So what happens if VMWare downloads a new copy of the software from some third party (Redhat or whatever)?
  - bonzini 12y ago
    They do not get a license, so they couldn't even legally download the new copy. It's the same as downloading pirated Windows (except that when downloading pirated Windows the hosting site shares the blame with the downloader, of course).
    - maxerickson 12y ago
      Why does only section 4 apply and not section 6? Is there case law resolving the situation, or are you giving your interpretation, or ...?
      - hugoroy 12y ago
        All sections apply. It's just that the original comment misunderstood what section 6 says. This is the only way to read section 6 coherently with section 4 and the rest of the license. Sure, it's an interpretation. [edit] the point is: nowhere as clear as the original comment expresses.
        DannyBee 12y ago
        You have yet to point out any misunderstanding or why this is wrong past saying "that makes the license crappy in some ways". Which may in fact, be true. But this is a policy argument, not a legal one, and it will absolutely never win in court over very clear and unambiguous text. This is, as i said, why GPLv3 was revised here.
    - hugoroy 12y ago
      They could still download a new copy, but they would not have the right to modify, reproduce and distribute that copy.
      - bonzini 12y ago
        As far as I know, without a license, you do not even have the right to make a copy (i.e. download) or use it.
        DannyBee 12y ago
        Except they get one from section 6. You are reading who is giving who a license wrong. Redhat, or whoever they download from, is the "you" there. Not the person who license was terminated. So let's fill in the blanks: 6. Each time Redhat redistribute the Program (or any work based on the Program), the company who violated the license automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. All i did was replace the word "you" and "recipient" with the right people. This is clear and unambiguous. You may not like the result. I actually don't like the result. It does not change the legal meaning, or whether you'd win. But you don't have to take my word for it, ask another open source lawyer, they'll tell you the same thing i just did.
- DannyBee 12y ago
  Uh, you is whoever they get the program from. It says that. That's what 'each time you redistribute means". It means if i redistribute to someone, this is what happens. Recipient is whoever i redistribute to. So if redhat redistributes (through their website) to vmware, redhat is you, and vmware is recipient. You don't get to pin You to be a specific person just because it comes out the way you like it. The license says what it says. (and you can't anyway since this would ruin the rest of the GPL ...)
  - hugoroy 12y ago
    > "you is whoever they get the program from" That's not how it works. "You" is, consistently throughout the GPL, whoever gets the program under the GPL license, and that license is between "You" and the copyright holders on the program (i.e. the licensors). The person who is "you" can, in another situation, be a licensor or mere redistributor, but that's irrelevant to the legal relationship at stake here (i.e the relationship between the copyright holders and a person who failed to comply with the GPL).
bkuhn 12y ago
DannyBee, I have stayed mostly silent on this thread (given my direct involvement with the Conservancy and the lawsuit in question), but I'd like to draw your attention to copyleft.org's details regarding this issue: https://copyleft.org/guide/comprehensive-gpl-guidech8.html https://copyleft.org/guide/comprehensive-gpl-guidech8.html In particular, take a look at Footnote 4 on that page, which documents state of this situation succinctly.

hugoroy 12y ago

Section 6 does not say that at all. "Each time you redistribute the Program" In this sentence "You" would be VMWare, not the authors of Linux. "the recipient automatically receives a license from the original licensor to copy" the Linux license is between Linux authors and recipients of VMWare software. So section 6 does not say Vmware gets a new license each time they get a copy of Linux. Section 6 just makes sure that even if someone along the chain of distribution of the GPL software fails to comply, not all receiving parties down the path are automatically in failure to comply.

maxerickson 12y ago
So what happens if VMWare downloads a new copy of the software from some third party (Redhat or whatever)?
- bonzini 12y ago
  They do not get a license, so they couldn't even legally download the new copy. It's the same as downloading pirated Windows (except that when downloading pirated Windows the hosting site shares the blame with the downloader, of course).
  - maxerickson 12y ago
    Why does only section 4 apply and not section 6? Is there case law resolving the situation, or are you giving your interpretation, or ...?
    - hugoroy 12y ago
      All sections apply. It's just that the original comment misunderstood what section 6 says. This is the only way to read section 6 coherently with section 4 and the rest of the license. Sure, it's an interpretation. [edit] the point is: nowhere as clear as the original comment expresses.
      - DannyBee 12y ago
        You have yet to point out any misunderstanding or why this is wrong past saying "that makes the license crappy in some ways". Which may in fact, be true. But this is a policy argument, not a legal one, and it will absolutely never win in court over very clear and unambiguous text. This is, as i said, why GPLv3 was revised here.
  - hugoroy 12y ago
    They could still download a new copy, but they would not have the right to modify, reproduce and distribute that copy.
    - bonzini 12y ago
      As far as I know, without a license, you do not even have the right to make a copy (i.e. download) or use it.
      - DannyBee 12y ago
        Except they get one from section 6. You are reading who is giving who a license wrong. Redhat, or whoever they download from, is the "you" there. Not the person who license was terminated. So let's fill in the blanks: 6. Each time Redhat redistribute the Program (or any work based on the Program), the company who violated the license automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. All i did was replace the word "you" and "recipient" with the right people. This is clear and unambiguous. You may not like the result. I actually don't like the result. It does not change the legal meaning, or whether you'd win. But you don't have to take my word for it, ask another open source lawyer, they'll tell you the same thing i just did.
DannyBee 12y ago
Uh, you is whoever they get the program from. It says that. That's what 'each time you redistribute means". It means if i redistribute to someone, this is what happens. Recipient is whoever i redistribute to. So if redhat redistributes (through their website) to vmware, redhat is you, and vmware is recipient. You don't get to pin You to be a specific person just because it comes out the way you like it. The license says what it says. (and you can't anyway since this would ruin the rest of the GPL ...)
- hugoroy 12y ago
  > "you is whoever they get the program from" That's not how it works. "You" is, consistently throughout the GPL, whoever gets the program under the GPL license, and that license is between "You" and the copyright holders on the program (i.e. the licensors). The person who is "you" can, in another situation, be a licensor or mere redistributor, but that's irrelevant to the legal relationship at stake here (i.e the relationship between the copyright holders and a person who failed to comply with the GPL).

bkuhn 12y ago

DannyBee, I have stayed mostly silent on this thread (given my direct involvement with the Conservancy and the lawsuit in question), but I'd like to draw your attention to copyleft.org's details regarding this issue: https://copyleft.org/guide/comprehensive-gpl-guidech8.html https://copyleft.org/guide/comprehensive-gpl-guidech8.html In particular, take a look at Footnote 4 on that page, which documents state of this situation succinctly.