[talk] Licencing, looking for BSD perspectives on a GPL3 problem

[Isaac (.ike) Levy]

Hi All,

I'm not a lawyer, but there appears to be a legitimate threat to the GPL3 I've been following,
https://www.theregister.com/2025/02/27/adverse_appeals_court_ruling_could/

TL;DR
"The issue before the appeals court boils down to the right to remove contractual restrictions added to the terms of the APGL."

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My question for us here:

- How could this affect the BSD license?
- Does that mean that if the right to remove contractual restrictions is stands, that someone could theoretically re-pulblish GPL3 code, and simply replace the license with a BSD one?  Or vice-versa?
- Wouldn't this ability to re-publish code and remove contractural restrictions simply invalidate the license altogether?

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A crazy thought:
- Would this suddenly apply to all manner of commercial licenses as well?  (A license is a license, right?)
- Doesn't this entire issue strip control and intent from everyone except the largest organizations, allowing only massive institutions to reap returns from the entire software creations of literally everyone?

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My opinion here:

All the arguments about the length and complexity of the GPL, frankly, seem to me to be coming home to roost here.
However, I am surprised and alerted because this fundamental issue with the GPL could adversely impact *all* licenses.

Again, I'm not a lawyer.

Thoughts?

Best,
.ike