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

[Arnoud Engelfriet]

John Cowan wrote:
> > 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.

You are right about that. But can the buyer invoke the rights
granted under GPLv3 against the distributor who explicitly
refused GPLv3 before distributing the code?

Arnoud

-- 
Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
              Arnoud blogt nu ook: http://blog.iusmentis.com/