Subject: Re: For Approval: German Free Software License
From: Thorsten Glaser <tg@66h.42h.de>
Date: Mon, 29 Nov 2004 00:16:44 +4300 (UTC)

Ian Lance Taylor dixit:

[...]
>The proposed license does not clearly state
>that the new binding version of the license does not apply to older
>versions of the code which have been put under the GPL.

It does:
|(GPL), the Program may also be used under
|conditions of the GPL, provided it constitutes a
|"derivative work" together with the other program
|in the sense of the GPL. In this case, any

The GPL says "no additional restrictions", so this
is effectively a dual licence.

>Even if that is fixed, note that if the new version of the license
>does not permit putting code under the GPL, then, once you have become
>aware of it, it has become binding, and it is too late to put the code
>which you have under the GPL as you suggest.

That's true, but you might sneak around that.

> (Although in that case
>it would work to always combine with GPL code right away, to make sure
>that your rights were not lost.)

Probably.

>> It's common sense that you cannot retroactively take back rights
>> granted under a published licence until the licence explicitly
>> states that.
>
>If that is true, then it would seem that the GFSL can not make the new
>version binding on existing software anyhow.

Which part of "until...that" did you not read?

>It doesn't matter, because the existing licenses conform to the OSD as
>it stands today.  There is no automatic upgrade clause in any existing
>OSI approved license.

Ack.

bye,
//mirabile