> Actually, the two patches don't have different copyright or licenses, > given your description. It's really not possible to "un-know" the > original GPLv3 patch and create an identical GPLv2 from scratch. The > second patch is clearly and directly derived from the first.
You are assuming here that the patch ITSELF has some license that's applied to it irrespective of the file it was derived from and I don't see the legal basis for such a claim.
