Re: clarification on -only and -or-later

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> On May 20, 2019, at 4:19 PM, Allison Randal <allison@xxxxxxxxxxx> wrote:
> 
> On 5/20/19 11:09 PM, J Lovejoy wrote:
>>> On May 20, 2019, at 3:35 PM, Allison Randal <allison@xxxxxxxxxxx> wrote:
>>> 
>>> - If the notice gives no version number, the standard interpretation is
>>> that the user can take that as any version of the GPL, which technically
>>> would be 1.0-or-later. But, it would also be fine to take the file as
>>> 2.0-or-later, which was generally legally preferred. It was not
>>> preferred to use 2.0-only in the case of no version number, because it's
>>> very possible that existing users are already using the standard
>>> interpretation to take those files as GPLv3, and we don't want to cause
>>> them problems. (On the flip side, it's massively unlikely that anyone is
>>> using the standard interpretation to take those files as GPLv1, so we
>>> can safely drop it.)
>> 
>> Considering we have no caselaw on what is “legally preferred” (which is otherwise a vague term we probably ought to avoid :) - and that the GPL text itself states:
> 
> Sorry for the vagueness, I was dancing around Chatham House Rule. What I
> meant was that specific people in the room (no names, but ask me
> off-list if you don't remember and want to know) said that we should
> drop GPL 1.0, because "choose any version ever published" allows us to
> choose to include 1.0 or not, and because there are certain ambiguities
> in the text of 1.0 that make it worthwhile to drop it.

ah, right - that was a preference that was expressed. 
> 
> 
>> "If the Program does not specify a version number of this License, you may choose any version ever 	published by the Free Software Foundation.” 
>> 
>> Then, where you have a license notice in file such as, 
>> 
>> "May be copied or modified under the terms of the GNU General Public License"
>> 
>> —> SPDX-License-Identifier: GPL-1.0-or-later
>> 
>> While I agree that practically speaking, most people are probably not going to go back to GPL-1.0 - I don’t think we should deviate from what the license explicitly says, i.e., “you may choose any version ever published…” that clearly includes GPL-1.0.  
>> 
>> From the lengthy conversations about this kind of thing on SPDX legal team calls, this conclusion was pretty non-controversial/everyone agreed.
>> 
>> So, I don’t think we should do something different here for any reason. It only muddles things. 
> 
> No one was claiming that an unversioned GPL universally means
> 2.0-or-later, only that it means we have the option to choose versions.
> And since we have the option to choose, we should choose 2.0-or-later.

yeah, one can make that viable argument, I guess I’d just prefer that we don’t put ourselves in a position to need to explain too much. Preferably the SPDX identifier is an obvious expression of what the license notice stated or the copyright holders cleaned up any ambiguities.

> 
> Allison





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