Comment Re:Time to get the EFF involved (Score 1) 31
But the copyright holder isn't themselves subject to the kinds of terms we're talking about in a FOSS licence, because they don't require a licence to copy or distribute the content in the first place.
For example, GPLv2 says:
5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.
Obviously that doesn't apply to the copyright holder, who by definition does have the right to modify or distribute without needing the licence.