You’re only talking about Copyright law.  The equivalent in Patent law is only 
for the named inventors.  So if a FOSS project wants to change license they 
would need to be certain that the scope of the patent grant is unchanged, or 
get approval from every contributor that is actually granting a license to one 
or more patents.  And since projects don’t keep track of which contributors are 
granting a patent license, that would effectively need to be every contributor 
to be completely certain.

-Nick

From: License-discuss <license-discuss-boun...@lists.opensource.org> On Behalf 
Of John Cowan
Sent: Tuesday, January 8, 2019 7:11 PM
To: license-discuss@lists.opensource.org
Subject: [License-discuss] Special rights granted by open-source licenses

[-license-review]
[+license-discuss]

On Tue, Jan 8, 2019 at 9:14 PM Brendan Hickey 
<brendan.m.hic...@gmail.com<mailto:brendan.m.hic...@gmail.com>> wrote:
<snip>

As for the impossibly of relicensing FOSS code under a license that doesn't 
freely allow you to do so, I must disagree. About ten years ago Dungeon Crawl 
was relicensed under the GPLv3. Originally it used the Nethack license, or 
something similar. We contacted about two hundred contributors. In one case we 
secured permission from a contributor's estate. It was a chore, but we did it.

I believe that that chore was legally unnecessary.  If the contributors 
intended their contributions to form an integral part of the work, then it is a 
joint work, and (under US law at least), any contributor to a joint work may 
unilaterally license the work on any terms, as long as they are responsibile to 
the co-authors for the profits, if any.  In this case presumably there were 
none.  It may have been good politics or publicity not to take advantage of 
unilateral relicensing, of course.

--
John Cowan          http://vrici.lojban.org/~cowan        
co...@ccil.org<mailto:co...@ccil.org>
You let them out again, Old Man Willow!
What you be a-thinking of?  You should not be waking!
Eat earth!  Dig deep!  Drink water!  Go to sleep!
Bombadil is talking.
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