Dual licensing -- other wrinkles

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Dear All (esp. Rick):

To clarify the mud somewhat:

I construe my header preamble as an offer of license choice (subject to payment) between GPL and BSD. If so, then:

1. Does this license choice pertain to everyone who subsequently receives the software and derivative works?

2. Is it possible for a user to remove or deny this license choice in his derivative work? (I should think not, I would think even if the preamble was removed, the code is still covered by the offer of license choice.)

3. Is such a license choice, since it involves payment, in any way construable as a disallowed restriction in GPL? (I should think not either, since the license choice happens before GPL is invoked, so to speak.)

In doing this, I do accept the consequences:

A. If the user chooses to accept the code under GPL, then he can pass it on under GPL without charging. The third party, like the original user, can accept it under GPL, but has to pay to remove the reciprocity requirement.

B. If the user has paid and chooses to accept the code under BSD, a third party who has not paid cannot then use this code as BSD, since the header preamble denies him the choice. Instead he can still accept it under GPL.

Does this make sense?

Cheers,
Glen Low, Pixelglow Software
www.pixelglow.com

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