Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

From: Sanjoy Mahajan
Date: Fri Jun 15 2007 - 23:35:50 EST

>> "version 2 or higher"

> That phrase exists outside the license

That's true. But sec. 9 of the GPLv2 says:

If the Program does not specify a version number of this License, you
may choose any version ever published by the Free Software Foundation.

So, by making the COPYING contain the v2 text, is the author
specifying a particular version? If yes, then the sec. 9 provision
would be meaningless, since there would be no way to not specify a
version number.

My understanding is that courts would presume that a license term has
a meaning, if it has a plausible reading. And there such a reading:
that to specify a version, there needs to be (e.g. in the source
files) a statement like, "This file [or work] is licensed under the

Corrections, flames, etc. are welcome.

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