Re:The Nintendo Switch uses my open source code
by ghaff on Monday November 23, 2020 @12:40PM
(#25189331)
This was something I wrote at the time. https://www.cnet.com/news/linux-to-gplv3-a-practical-matter-... (Unfortunately, the original article referenced seems to be lost to the mists of time.)
The theory I guess is that, even absent a contributor license agreement, contributors to the kernel are effectively contributing to a collective work and that the project as a whole could make changes even if individual contributors did not agree.
They certainly could mandate that all new contributions are licensed as GPL2+, not the GPL2-only a lot of it is under. Then, after an eternity, when every bit is now GPL2+ (either by relicensing or rewriting), mandate all new commits are GPL3+. Then the only way to use it would be to rip out the GPL3+ parts (if you want GPL2 terms) or to use the GPL3.
Simple!
Except not really...