Release of GPL v2event

1991copyleftgpllicenseliberty-or-death
1991-06-01 · 1 min read · Edit on Pyrite

The gpl-v2 was released in June 1991, the same year Linus Torvalds released the Linux kernel. The timing was consequential: when Torvalds relicensed Linux under the GPL in 1992, it was GPLv2 that became the kernel's license — and because GPLv2-only was the choice, it remains a permanent division between the Linux kernel and the later gpl-v3.

The key innovation of GPLv2 over gpl-v1 was section 7, informally known as the "liberty or death" clause. stallman's reasoning: if a distributor holds a patent license that requires them to impose restrictions on recipients (for example, prohibiting redistribution), and those restrictions conflict with the GPL's terms, then the GPL prohibits distribution entirely rather than allowing the patent encumbrance to effectively modify the license. The clause embodied stallman's view that partial freedom was a contradiction — a "free software" license that could be effectively overridden by a patent holder's terms was no guarantee at all.

GPLv2 also clarified the "mere aggregation" provision: combining a GPL program with a non-GPL program on the same storage medium (such as a distribution CD) does not trigger the GPL's requirements for the non-GPL program, as long as the two programs are not integrated. This addressed concerns from distributors and clarified the boundary of copyleft's reach.

The gpl-copyleft-mechanism in GPLv2 was tighter and more carefully drafted than v1. eben-moglen, who later became the FSF's general counsel, contributed to the legal analysis that informed the drafting. The document stallman called the GPL's "most important" version became the de facto standard for the explosion of free and open source software that followed through the gpl-and-linux-era-1991-1998 and free-vs-open-source-schism-1998-2007 eras.

GPLv2 remains in active use. The Linux kernel, much of the GNU toolchain, and thousands of other projects still use GPLv2-only or GPLv2-or-later terms. Its persistence alongside gpl-v3 is a lasting reflection of the gplv3-and-later-career-2006-present era's tensions.