GPLv2 to v3 upgrade and "further restrictions" issue

[Henrik Nordstrom]

ons 2009-08-26 klockan 17:11 -0400 skrev Hardy, Allan:

> So these guys might get mad?  So?  They have violated the GPL v2
> itself, they will have a weak position.  Your leveraging v3 and it
> would be interesting if they went to the SFLC/FSF to get support.

Authors failing to license their work properly does not automatically
give you any rights to their work. Only the opposite.

Copyright owners on other works included in the same bundle and required
for operation MAY have some standing, but with GPL allowing bundling
without "poisoning" other works in the same bundle it's rather weak and
does not automatically give any rights to the conflicting work. Probably
at best you can force them to cease to publish.

Encouraging people to use software works against the intentions of the
authors is counter-productive, with a high risk of resulting in hard
feelings, split or withdrawn efforts and richer lawyers. It's pretty
clear what an author intends when placing a "no commercial use"
restriction ontop of GPLv2, even if such restriction technically is
incompatible with GPLv2. The actual license given is the lesser of the
rights given minus the restrictions, which may end up being no rights at
all with just restrictions...

Regards
Henrik