clarification on -only and -or-later

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Hi all,

We discussed some example of “interpreting” GPL non-standard notices in terms of when -only or -or-later. I wanted to  make sure we all agree.  Here are some examples for illustration and rationale:

1) where no version is indicated, the license text of GPL (all versions) tells us what to do, " If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.” 
- thus, use: SPDX-License-Identifier: GPL-1.0-or-later

example:

*  May be copied or modified under the terms of the GNU General Public License

2) where a version is indicated, but no language to the effect of “or any later version” is included. The license text of GPL (all versions) arguably speaks to this with, "If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation.”
Also, the standard header either includes "or (at your option) any later version” or simply removes that to indicate ‘only this version’
- thus, use: SPDX-License-Identifier: GPL-2.0-only

examples: 

 * This driver is released to the public under the terms of the
 *  GNU GENERAL PUBLIC LICENSE version 2
 * See the file COPYING for details.

* This program is free software; you can redistribute it and/or modify it
* under the terms of the GNU General Public License version 2 as published by
* the Free Software Foundation.

3) where the license notice in the file simply points to the COPYING file or some other license file that contains the full text of GPL-2.0
This is a tougher call, as there isn’t really any arguably clear call, but my thinking is that we’d use:
SPDX-License-Identifier: GPL-2.0-or-later
I guess I’d justify that (loosely) because the default license - in this case, GPL-2.0 - contains the default standard header which has the “or any later version” language and no one did anything to remove that or otherwise indicate a limitation, but at least did provide a version of the license, so I’d feel comfortable saying it’s GPL-2.0-or-later.
Note: we had long discussions on this kind of example on SPDX and there were some good arguments made to say it could just be GPL-2.0 - so I could be swayed here. At the end of the day, we are stuck with someone who didn’t take the care enough to tell us or use the standard header. And while we could go back to the copyright holder, that may not always be feasible.

examples:

 * This file is subject to the terms and conditions of the GNU General Public
 * License.  See the file "COPYING" in the main directory of this archive
 * for more details.

 * See LICENSE.qla2xxx for copyright and licensing details.
(where that file is a copy of GPL-2.0) 


Thanks,
Jilayne



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