> As we can choose which version of the GPL we want to apply (because its
> under "GPL") we choose the one thats compatible with the rest of the
> kernel - GPL2. We could chose to use it under different terms (eg,
> GPL3), but then we wouldnt be able to distribute it.

I am trying to follow you here.  If we were not able to distribute the
file in any way--even completely apart from the kernel--then I assume
that this is because our *only* way of getting the file is via the
kernel distribution, and thus we are bound by the license *in effect* in
this act of distribution.

Distributing under any other versions would require permission from the
copyright holder.  I think nothing less than written permission would be
safe.  It's convoluted, since the original language already gives you
permission in principle, but, again, it all comes down to the
distribution "bottleneck."  With these kinds of hassles it's no wonder
that the FSF requires copyright assignment in many GNU projects such as
Emacs.


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