Bounding GPL compliance times

Posted Feb 18, 2011 19:38 UTC (Fri) by oak (guest, #2786)
In reply to: Bounding GPL compliance times by giraffedata
Parent article: Bounding GPL compliance times

Note that with Linux kernel using GPLv2, the consequence of violating the license is much serious than with GPLv3.

Quoting from "5.2 Termination" section of GPL compliance guide:
http://www.softwarefreedom.org/resources/2008/compliance-...

"Since your rights under GPLv2 terminate automatically upon your initial violation, all subsequent distributions are violations and infringements of copyright. Therefore, even if you resolve a violation on your own, you must still seek a reinstatement of rights from the copyright holders whose licenses you violated, lest you remain liable for infringement for even compliant distributions made subsequent to the initial violation.

GPLv3 is more lenient. If you have distributed only v3-licensed programs, you may be eligible under v3 § 8 for automatic reinstatement of rights."

With the number of kernel copyright holders, if your license is terminated (i.e. you cannot legally sell your devices), it may be practically impossible to get it re-instated under GPLv2 as it requires contacting all the copyright holders AND getting them to agree that you can still do the distribution.