Re: GPLv3 Position Statement

From: Jan Engelhardt
Date: Fri Sep 29 2006 - 02:21:02 EST

>And the GPLv2 and GPLv3 really _are_ mutually incompatible. There is
>absolutely nothing in the GPLv2 that is inherently compatible with the
>GPLv3, and the _only_ way you can mix code is if you explicitly
>dual-license it.
>Ie, GPLv2 and GPLv3 are compatible only the same way GPLv2 is compatible
>with a commercial proprietary license: they are compatible only if you
>release the code under a dual license.
>The whole "or later" phrase is legally _no_ different at all from a dual
>licensing (it's just more open-ended, and you don't know what the "or
>later" will be, so you're basically saying that you trust the FSF

So what would happen if I add an essential GPL2-only file to a "GPL2
or later" project? Let's recall, a proprietary program that
combines/derives with GPL code makes the final binary GPL (and hence
the source, etc. and whatnot, don't stretch it). Question: The Linux
kernel does have GPL2 and GPL2+later combined, what does this make
the final binary?

(Maybe you implicitly answered it by this already, please indicate):
>Exactly. The GPLv3 can _only_ take over a GPLv2 project if the "or later"
>From that I'd say it remains GPL2 only.

Thanks for the clarification (though I know we're all IANALs.)

Jan Engelhardt
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