Recently I discovered my project of mine (call it A), was cloned by another project (call it M) to create a port for a different platform.

"A" was originally licensed as MIT, but has since been relicensed as MIT/Apache. "M", however, was created by copy-pasting all source files in "A", without including the license. "M" is licensed as MIT.

There are a handful of bug fixes (mostly one-liners) in this port that I'd like to include upstream. How do I include these while maintaining a valid license?

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    What was the license on A at the time that M was cloned from A? Was M created before or after the relicensing of A? – Bart van Ingen Schenau Dec 9 '19 at 12:39
  • M was created before the relicensing. – Bean Dec 9 '19 at 21:24

Currently, M doesn't have a valid license. By removing the license information when the copy was made the author of M violated your copyrights. You are fully within your rights to request from the author of M to restore the copyright/license information as it existed at the time of the copy.

When the license violation of M has been rectified, you can take over the changes that you want. The MIT license allows that a work is sublicensed, so you can use it without trouble under the new MIT/Apache license combination.

  • This would no longer grant patent protection for those contributions though, correct? – Bean Dec 10 '19 at 19:00
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    @Bean, that is correct. You can't grant a patent license on a patent held by the author of the changes to M. – Bart van Ingen Schenau Dec 10 '19 at 19:15

Presumably "MIT/Apache" means "user can select which one to abide by".

And there is the question if the relicensing was legal in the first place...

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