Earlier quoted context omitted.
> If the previous version contains GPL code, it’s GPL. It doesn’t matter if you slap an MIT license file on it, or used it in “good faith” presuming it was MIT license. This depends. Rails used a gem by a different developer, a gem that had its own MIT license. The Rails project and all others using Rails can not be expected that they ought to have known the license is invalid, so usually the GPL does not count for t…
"You can in general never retroactively change a license, so their usage back then was certainly valid." No, it wasn't. It was reasonable, but not valid. They were using copyrighted code without permission from the copyright holder, relying on a false claim. The false claim gave them no right to use the copyrighted code, and will not protect them if the copyright holder sues them. However the fact that they were acti…
Again, that does not seem to have been the case here.
> I have no idea why you think that the copyright holder would have to go to the gem's author to sue about a copyright violation.
1. It depends where you are, which jurisdiction gets applied. Might explain the different expectation. 2. It'd be the gem author that created an unlicensed derivative work, not anyone else directly. Have fun claiming damages, copyright infringement or anything for indirect usage in such a good faith situation. I really think that wouldn't fly, but again, might depend where you are.