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

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Date:	Sun, 10 Jun 2007 16:30:53 +0200
From:	Michael Gerdau <mgd@...hnosis.de>
To:	Adrian Bunk <bunk@...sta.de>
Cc:	Neil Brown <neilb@...e.de>, Tarkan Erimer <tarkan@...one.net.tr>,
	linux-kernel@...r.kernel.org
Subject: Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

[legal precedence to force waiving copyright> 

> A legal precedent valid in all jurisdictions?
> 
> Harald suceessfully takes legal actions against people violating his 
> copyright on the Linux kernel under the terms of the GPL in Germany at 
> German courts based on German laws.
> 
> If someone finds any legal precedent in Finland or the USA or Russia 
> that some copyright would have lapsed for some reason, would this have 
> any legal effect in Germany?

That is difficult but AFAIK it work in the "increase protection"
direction but not the other way around, at least in germany.

For example even though the copyright on Micky Mouse is no longer
valid by german law it is still enforcible under german law because
the german jurisdiction does acknowledge the (recently extended)
longer such period in the US.

Apart from that I'm sure you'd find some state "legally" waiving a
copyright on whatever. If that would start an avalanche of similar
terminations everywhere else I'd be utterly surprised.

Best,
Michael
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