On the Linux Kernel Enforcement Statement

I'm late with covering this here, but work overload is having its toll on my ability to blog.

On October 16th, key Linux Kernel developers have released and anounced the Linux Kernel Community Enforcement Statemnt.

In its actual text, those key kernel developers cover

  • compliance with the reciprocal sharing obligations of GPLv2 is critical and mandatory

  • acknowledgement to the right to enforce

  • expression of interest to ensure that enforcement actions are conducted in a manner beneficial to the larger community

  • a method to provide reinstatement of rights after ceasing a license violation (see below)

  • that legal action is a last resort

  • that after resolving any non-compliance, the formerly incompliant user is welcome to the community

I wholeheartedly agree with those. This should be no surprise as I've been one of the initiators and signatories of the earlier statement of the netfilter project on GPL enforcement.

On the reinstatement of rights

The enforcement statement then specifically expresses the view of the signatories on the specific aspect of the license termination. Particularly in the US, among legal scholars there is a strong opinion that if the rights under the GPLv2 are terminated due to non-compliance, the infringing entity needs an explicit reinstatement of rights from the copyright holder. The enforcement statement now basically states that the signatories believe the rights should automatically be re-instated if the license violation ceases within 30 days of being notified of the license violation

To people like me living in the European (and particularly German) legal framework, this has very little to no implications. It has been the major legal position that any user, even an infringing user can automatically obtain a new license as soon as he no longer violates. He just (really or imaginary) obtains a new copy of the source code, at which time he again gets a new license from the copyright holders, as long as he fulfills the license conditions.

So my personal opinion as a non-legal person active in GPL compliance on the reinstatement statement is that it changes little to nothing regarding the jurisdiction that I operate in. It merely expresses that other developers express their intent and interest to a similar approach in other jurisdictions.