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Re: samba license change



On Wed, 2007-10-10 at 10:23 -0400, Alan Cox wrote:
> On Wed, Oct 10, 2007 at 03:46:13PM +0200, Ralf Corsepius wrote:
> > One detail: The "GPLv2 or any later version" clause is inacceptable to
> > several project and probably is incompatible and/or void in some legal
> > systems (In Germany, it is controversial). 
> 
> I'm not aware of any issues there.
Well, some projects consider the "any later" clause to be giving away
control over their works, which they consider to endanger their works
and therefore prefer not to apply the "any later" clause.

[Consider the FSF had added something to the GPL which would be
inapplicable/void under some <country>'s law. In worst case, a court
could consider the whole license void.]


>  Its very different from the usual
> "and we may change the licence on you" clauses  - which have been found
> unreasonable in assorted jurisdictions because you the end user make the
> choice, not the supplier.

Well, German lawyers use a different argumentation, which can be found
in detail in different documents under http://www.ifross.de

(run by FSF-benvolent lawyers being specialized in OpenSource legal).
Unfortunately translating their "legalize"-argumentation exceeds my
capabilities and would exceed email.

A more or less readable version can be found on page 10, of 
http://www.ifross.de/ifross_html/Druckfassung/Die_GPL_kommentiert_und_erklaert.pdf
(IMO, this book is a must-read for German developers).

A more detailed wording (in "heavy German legalize") of the same
argumentation can be found in section 3.c) of:
http://www.ifross.de/ifross_html/art1.html

Very abbreviated and roughly translated from the link above, they say: 
"Copyright-law related concerns arise from §9 GPL ... "any later
version" .... Concerns against this regulation arise from aspects of 
§31 Abs. 4 UrHG [German copyright law], because the GPL presumes
granting of entire rights to everybody, when it permits copying,
modification and distribution on any media." 


In brief: Lawyers say, the "any later" clause bears legal risks, if
German law is applicable. In other words, they construct a case where
the concerns in my sentence on the top could hit.

Ralf





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