When to evaluate dual licenses (was: license categories, was: I'm not supposed to use the ECL v2?)

[John Cowan]

Arnoud Engelfriet scripsit:

> When you explicitly say "I'm electing GPLv2 only and passing you
> a copy under GPLv2 section 1", I don't think the recipient can
> automatically exercise GPLv3 on the work. Otherwise you would get
> into the absurd situation that the downstream recipient can exercise
> a right that the distributor has chosen not to grant him.

It's not absurd at all, because of the unanimous testimony of GPLv2
clause 5 and GPLv3 clause 10:

	Each time you {redistribute the Program (or a work based on the
	Program)|convey a covered work}, the recipient automatically
	receives a license from the original licensor{|s} to {copy,
	distribute or modify the Program|run, modify and propagate that
	work} subject to {these terms and conditions|this License}.

So when Bob conveys Alice's work to Carol, Carol gets a license not from
Bob but from Alice herself.  (The FSF has never conveyed any software to
me, but I hold many licenses from them nevertheless.)  The licensing is
triggered by the conveying, but does not follow the conveying.	This is
equally true for an unmodified work or a modified one, except when Bob has
attached restrictive terms to his part of the code under GPLv3 clause 7.

> For example, suppose the distributor integrates the "GPLv2 or later"
> work in a DRM module. Considering section 3 of GPLv3, the distributor
> likely only wants to be bound by GPLv2. He could then explicitly
> elect GPLv2 only, and comply by identifying GPLv2 and including
> source on a CD-ROM with the product.
> 
> It would be most peculiar if the recipient could then receive a GPLv3
> license to the work from the copyright holder and use its section 3
> against the distributor, who explicitly refused to accept GPLv3.

Hard cheese for him.  The buyer gets both a GPLv2 and a GPLv3 license
for that part of the code directly from the author without further action
on anybody's part.

-- 
By Elbereth and Luthien the Fair, you shall     cowan at ccil.org
have neither the Ring nor me!  --Frodo          http://www.ccil.org/~cowan