"or any later version"
Posted Feb 4, 2006 1:54 UTC (Sat) by
giraffedata (subscriber, #1954)
In reply to:
"or any later version" by shane
Parent article:
GPLv3 and the kernel
Yeah, for a contract that's true. I'm a contract lawyer. When you agree to abide by a document you haven't seen, you aren't normally held to that (but if you see it soon after and don't object, and it's a customary sequence of events, you become bound -- that's why shrink wrap agreements work).
But there's no contract here. This is a unidirectional license binding only on the licensor, and the rules are probably different.
And it's not like licensees can lose anything. If I get Linux under GPL2 today with a "or any later version" clause, and FSF produces GPL3 next year, it doesn't take anything away from me -- it just means I have one more option if I want to redistribute my copy. The person it hurts is the copyright owner who now has a little less control over his code because I have more options.
A contract can refer to future events that are uncertain, even if they are under the control of some uninterested third party. Like when the interest rate on a loan is based on some number published in the Wall Street Journal each month. So one could probably say "whatever the FSF thinks is a fair license" and still be enforceable.
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