On Sat, Feb 28, 2026 at 02:28:18PM +0000, Gimmi wrote:
> Is there some kind of implied licenses for the patches once they are
> uploaded?

Some of the other replies already give answers which align with my
understanding of the copyright law as well, so I won't repeat those
points. However, I think this discussion as a whole is heading in a
unproductive theorycelery direction so I'll try and give some practical
perspective here.

In order to avoid ambiguity with copyright/license, larger open source
projects such as the linux kernel require you to sign off your commit
agreeing with it's "Developer's Certificate of Origin":

https://www.kernel.org/doc/html/latest/process/submitting-patches.html#developer-s-certificate-of-origin-1-1

It's pretty short with only 4 points, so I suggest reading it, but the
tldr is that by signing off your commit you're explicitly stating that
the commit will follow the license of whatever file it modified (if you
wanted to submit under a different (but still compatible) license then
you'd need to create a new file with that license header).

Many other large projects follow a similar rule as well, e.g Gentoo
linux [0], GCC [1] and probably many others. (Note that this is
different than requiring contributor to transfer/assign the copyright to
upstream author, which is what GCC used to require before [1]).

So what about smaller projects that don't have such rule (i.e ~99% of
open-source)? Maybe there's some legal ground for someone to submit
change and then later randomly decide that it has a different license
than the original work. But practically, open-source development is
built upon trust so we expect contributors who spent their free time
submitting patches not to do that.

So unless a patch explicitly states that it has a different license, we
should expect that it follows the same license as the file that it's
modifying. And so unless you live in Germany (this is a joke), I don't
think you're ever going to go to jail for ricing your dwm setup.

[0]: https://www.gentoo.org/glep/glep-0076.html#certificate-of-origin
[1]: 
https://lwn.net/ml/gcc/CAGWvnyme6cQUGb+G4=tesnyqlybsgndyb95lh2zvugxovhu...@mail.gmail.com/

- NRK

Reply via email to