Re: GPLed Software Expiration Date

[rjack]

Richard Tobin wrote:
> In article <mailman.5267.1198165782.18990.gnu-misc-discuss@gnu.org>,
> Koh Choon Lin <pppd88@gmail.com> wrote:
>
> > I would like to find out how long would a software be under the GNU
> > GPL before it expires and transfers to the public domain. Forever?
>
> The GPL gives you the right to copy something that copyright law would
> otherwise restrict you from.  So the issue is how long copyright lasts
> in your country.
>
> -- Richard

Assuming the GPL is an enforceable contract -- it isn't -- the 
permissions would last for thirty five years, which is the maximum 
duration of an "irrevocable" copyright license. See 17 USC § 203(a)(3)).

The GPL license is irrevocable for two reasons. Both reasons are
the result of the terms of distribution under GPL § 2(b), which defines 
a class of intended third party intended beneficiaries:

"b) You must cause any work that you distribute or publish, that in 
whole or in part contains or is derived from the Program or any part 
thereof, to be licensed as a whole at no charge to all third parties 
under the terms of this License."

The phrase "all third parties" defines a class of intended third party 
beneficiaries that includes all persons *except* the original 
contracting parties.

The first reason the GPL is irrevocable is a lack of Article III legal 
standing for the licensors, since the intended beneficiaries of GPL § 
2(b) are "all third parties" and therefore the licensors can suffer no 
injury from a violation of the § 2(b) terms.

The second reason is because third party beneficiary contracts are 
irrevocable after the third party benefits are vested.

"The right to rescind or modify a third party beneficiary contract, 
without the assent of the beneficiary, ceases once the contract is 
accepted, adopted or acted upon by the third party. The rights of the 
third party "vest" when he learns of the initial contract and assents to 
it or materially changes his position in justifiable reliance on
it or brings suit on it."; Restatement (Second) of Contracts § 311(3).

Regards,
rjack

:)