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Message-ID: <8523020ca6a3da1f324087e201bb368f@redchan.it>
Date: Tue, 22 Jan 2019 13:48:03 +0000
From: sicevar@...chan.it
To: linux-kernel@...r.kernel.org
Subject: GPL revocation (GPC-Slots 2): Alex "Skud" Bayley, Leigh Honeywell
Quote:
"
> Then you should have used them.
Not necessary, the language used in the press release identifies them
easily.
> should
As if I somehow can't just rescind using their names either.
License to use/modify/etc the GPC Slots 2 code is hereby terminated for.
Alex "Skud" Bayley, and Leigh Honeywell.
(Note: this termination is not to be construed as a lifting of the
previously issued termination regarding the "Geek Feminism collective",
this termination is an addendum)
--MikeeUSA-- (electronic signature :D )
>> 1019403
Their response is irrelevant.
"
Discussions with author of program involved:
http://8ch.net/tech/res/1013409.html
http://8ch.net/tech/res/1017824.html
http://8ch.net/tech/res/1018729.html
------------------------
https://slashdot.org/submission/9087542/author-recinds-gpl
------------------------
p46 "As long as the project continues to honor the terms of the licenses
under which it recieved contributions, the licenses continue in effect.
There is one important caveat: Even a perpetual license can be revoked.
See the discussion of bare licenses and contracts in Chapter 4"
--Lawrence Rosen
p56 "A third problem with bare licenses is that they may be revocable by
the licensor. Specifically, /a license not coupled with an interest may
be revoked./ The term /interest/ in this context usually means the
payment of some royalty or license fee, but there are other more
complicated ways to satisfy the interest requirement. For example, a
licensee can demonstrate that he or she has paid some consideration-a
contract law term not found in copyright or patent law-in order to avoid
revocation. Or a licensee may claim that he or she relied on the
software licensed under an open source license and now is dependent upon
that software, but this contract law concept, called promissory
estoppel, is both difficult to prove and unreliable in court tests. (The
concepts of /consideration/ and /promissory estoppel/ are explained more
fully in the next section.) Unless the courts allow us to apply these
contract law principles to a license, we are faced with a bare license
that is revocable.
--Lawrence Rosen
p278 "Notice that in a copyright dispute over a bare license, the
plaintiff will almost certainly be the copyright owner. If a licensee
were foolish enough to sue to enforce the terms and conditions of the
license, the licensor can simply revoke the bare license, thus ending
the dispute. Remeber that a bare license in the absence of an interest
is revocable."
--Lawrence Rosen
Lawrence Rosen - Open Source Licensing - Sofware Freedom and
Intellectual property Law
p65 "Of all the licenses descibed in this book, only the GPL makes the
explicity point that it wants nothing of /acceptance/ of
/consideration/:
...
The GPL authors intend that it not be treated as a contract. I will say
much more about this license and these two provisions in Chapter 6. For
now, I simply point out that the GPL licensors are in essentially the
same situation as other open source licensors who cannot prove offer,
acceptance, or consideration. There is no contract."
--Lawrence Rosen
------------------------
> David McGowan, Professor of Law, University of Minnesota Law School:
> "Termination of rights
> [...] The most plausible assumption is that a developer who releases
> code under the GPL may terminate GPL rights, probably at will.
> [...] My point is not that termination is a great risk, it is that it
> is not recognized as a risk even though it is probably relevant to
> commercial end-users, accustomed to having contractual rights they can
> enforce themselves.
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