Re: [Batch 17 patch 43/57] treewide: Replace GPLv2 boilerplate/reference with SPDX - rule 494

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On Mon, Jun 10, 2019 at 11:30:27AM -0400, Richard Fontana wrote:
> On Mon, Jun 10, 2019 at 4:36 AM Philippe Ombredanne
> <pombredanne@xxxxxxxx> wrote:
> >
> > Hi Thomas:
> >
> > On Tue, Jun 4, 2019 at 3:50 PM Thomas Gleixner <tglx@xxxxxxxxxxxxx> wrote:
> > >
> > > On Tue, 4 Jun 2019, Enrico Weigelt, metux IT consult wrote:
> > >
> > > > On 04.06.19 11:20, Thomas Gleixner wrote:
> > > > > On Tue, 4 Jun 2019, Thomas Gleixner wrote:
> > > > >
> > > > > > From: Thomas Gleixner tglx@xxxxxxxxxxxxx
> > > > > >
> > > > > > Based on 1 normalized pattern(s):
> > > > > >
> > > > > >    copyright this file is distributed under the terms of the gnu
> > > > > >    general public license gpl copies of the gpl can be obtained from
> > > > > >    ftp prep ai mit edu pub gnu gpl each contributing author retains all
> > > > > >    rights to their own work
> > > > >
> > > > > That's definitely a bold claim to deduce v2 only. The ftp link does not
> > > > > exist and the wayback machine does not have it either.
> >
> > We usually avoid making any bold claims in scancode license rules ;)
> >
> > ftp://prep.ai.mit.edu/pub/gnu/GPL linked to a GPL-2.0  based on the
> > wayback machine which is why that scancode-toolkit rule was tagged as
> > a GPL-2.0.
> >
> > You can see the notes I added back then in the license rule data file [1]:
> >
> >    notes: The GPL version is not specified in this notice BUT at
> >    https://web-beta.archive.org/web/20020809115410/http://prep.ai.mit.edu:80/pub/gnu/GPL
> >    text is a GPL 2.0 license text
> >
> > Since then, the web-beta site when offline, and the correct URL should
> > use FTP and not HTTP so you can check [2] which is exactly a GPL
> >
> > I just pushed updated notes with the latest wayback URL [3]
> >
> > [1] https://github.com/nexB/scancode-toolkit/blob/09d4b009d4377eb1fc6f8439fe564e0a2c28e641/src/licensedcode/data/rules/gpl-2.0_617.yml
> > [2] https://web.archive.org/web/20020809115410/ftp://prep.ai.mit.edu/pub/gnu/GPL
> > [3] https://github.com/nexB/scancode-toolkit/commit/4f5d5f3ddddafd9e7eba639f5718a976ca7fdefe
> 
> This seems a bit similar to another case I commented on a while ago.
> Despite the fact that the URL pointed to GPLv2, I don't see the
> GPL-2.0-only conclusion as being justified (beyond the accepted
> understanding that you can distribute GPL-2.0-or-later code under
> GPL-2.0-only). The license notice does not express any view about GPL
> versions. It is not really interesting that it references a copy of
> the version of the GPL in wide use at the time.
> 
> In other words, it's like saying:
> "This code is licensed under the GPL. You can find a copy of the GPL
> here <link to GPL version 2 text>". Nothing in that set of two
> sentences necessarily suggests an intention to limit the licensee to
> the specific version of the GPL that is referenced. It could be read
> as: "This code is licensed under the GPL, a maintained license that
> has a past and likely future versions. You can find a copy of one
> version of the GPL, the version that happens to be most widely used
> today, here".

If the URL pointed to a GPLv2, how can you say that "any version of the
GPL applies"?  At the point in time, it specifically said "this
version", and "this version == GPLv2".

Also remember Linus, and other kernel developer's public statements
(myself included) about the follies of people saying "any later
version", and how the kernel itself is only released under v2 of the
GPL.

So I really do not think that the fact that the link pointed to a v2
license, somehow saying that means that _any_ version of the license
applies here at all.

thanks,

greg k-h



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