> As a work released at time T can not be licensed > under a license which is released after T, it's released under the > version > at the time the sourcecode was released. Which is likely v2.1. >
Since the FSF makes a point of licensing either under a specific version or under "v.x or higher", and actually recommends leaving the version open (already did back then), the total lack of a version could very well be regarded a wild card. In any case, the NH team can't have this get to a court, so the discussion is moot. I'd say live with it, and lawyers who can't will have their clients use EF or some such. If they think they're safer there, my blessings.
