Creating a license that switches between two external licenses
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So lets say someone wants to create a new free software license. For example, using this license by default binds the user to the GPLv3 but if the copyright holder of this new license dies or if the company goes under, it switches to another license like one of the BSDs.
Technically is this possible for a single license to serve as a switcher between two separate licenses depending on condition or conditions or will this new license have to be written as a whole and combine text between the two, but not copying text from those licenses directly?
You can't "switch" licenses, but I think it's perfectly possible to grant an additional license like that. People will still be able to distribute the work under the GNU GPL, in your example, but would be able to choose the more permissive license if they want to.
Of course, I am not a lawyer.
Honestly, I don't see the point, though. As long as we're all using the GNU GPL and allowing any later version of it than was originally used, we won't face a compatibility problem. Of course, such an ideal situation doesn't exist, but I think those cases of GPLv2 only and GPLv3 only aren't really worth losing ground to proprietary software over. As long as copyright exists and has such ridiculous term lengths as 2 lifetimes (or forever, in practice), we should take full advantage of it. Who knows? Maybe it could even end up being the driving force behind ending copyrights altogether.
There is a license that contemplates this possibility. See the Copyleft Sunset clause in copyleft.next. That said, I'm not sure what I think of the idea. Being a huge copyleft proponent it's hard to get used to the idea of deliberately giving it up. It's not clear to me if/what we gain in these cases. Even if the person dies, their heirs would inherit the copyright, Since it is a free license either way, a change merely because of death doesn't really seem needed. Free programs can absolutely outlive their authors.
Thanks for the feedback. I was thinking more in the line of keeping the software copyleft but if I die or a company goes under, it becomes "free for all" without restrictions to better society or something. That way, the copyright isn't tied to a dead entity and the software gets ignored.
That way, the copyright isn't tied to a dead entity and the software gets ignored.
You can also write down who should manage the copyrighted on your works in case of death (like Aaron Swartz did).
Yeah, but what if you don't have someone who is also a programmer to take it over? Can't burden a wife or child that has no interest and/or skill to maintain the code. What about if I'm a corporation or organization? Do I simply assign to another entity (like a software conservatory) even if they may not want it?
Obviously we cannot predict our death, but it can just happen and maybe we want our software to enter the public domain (or in a more lax license) even if it was copyleft and we were able to enforce it while alive.
"...what if you don't have someone who is also a programmer to take it over?"
Someone else may. And I mean some random person on the internet who cares to do so. This is not guaranteed of course. Unless the software is well-like by other people, it may very well just die.
As an example, I picked up two programs that originally came out in the 1980s. They were licensed under the GPLv2 or any later version (see Beyond The Titanic and Supernova at http://jxself.org/git/.) They were first upgraded to GPLv3 and then the modifications to them are under the AGPLv3, all thanks to the "or any later version" clause as well as the GPL/AGPL compatibility language in each license.
This shows that is isn't necessary to first put the software into the public domain in order for this hypothetical person to come along and continue working on it under the GPL. It's out there, it's free, and it'll continue to be regardless of who is or isn't alive but you can't really force anyone to take it over. And hey - you're dead anyway, so you probably don't care if they do or not. :)
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