diff --git a/gpl-lgpl.tex b/gpl-lgpl.tex index b05e281..89b8315 100644 --- a/gpl-lgpl.tex +++ b/gpl-lgpl.tex @@ -2296,7 +2296,22 @@ termination cannot be cured by obtaining additional copies from an alternate supplier: the license permissions emanate only from the original licensors, and if they have automatically terminated permission, no act by any intermediate license holder can restore those terminated -rights. +rights\footnote{While nearly all attorneys and copyleft theorists are in + agreement on this point, German copyleft legal expert + \href{http://www.jbb.de/en/attorneys/till-jaeger/}{Till Jaeger} + vehemently disagrees. Jaeger's position is as follows: under German + copyright law, a new copy of GPL'd software is a ``fresh'' license under + GPL, and if compliance continues from that point further, the violator's + permissions under copyright law are automatically restored, notwithstanding + the strict termination provision in \hyperref[GPLv2s4]{GPLv2~\S4}. + However, in + practice, this issue is only salient with regard to \hyperref[Proprietary + Relicensing]{proprietary relicensing} business models, since other copyright + holders typically formally restore distributions rights once the only + remaining compliance issue is ``you lost copyright permission due to + GPLv2~\S4''. Therefore, the heated debates, which have raged between + Jaeger and nearly everyone else in the copyleft community for nearly a + decade, are mostly about a nearly moot and esoteric legal detail.}. \section{GPLv2~\S7: ``Give Software Liberty or Give It Death!''} \label{GPLv2s7}