Do I have to update old jQuery Libraries to prevent my source code from being GPL?

Question

I'm trying to reuse some old source code in what is going to be a commercial web application. This old code was made using jQuery 1.2.1, which is dual licensed under the MIT and GPL licenses.

I've seen that recently, jQuery has got rid of the GPL licence and now it's only MIT. I rather not use newer versions since I'd have to test the code again to make sure no bugs were added.

So, Does this change of licence affect old versions of jQuery? I mean, if jQuery 1.12 is MIT only, does that remove GPL from jQuery 1.2.1?

Most importantly, does this put my code under GPL? Do I have to update old jQuery Libraries to prevent my source code from being GPL?

Thanks in advance.

Answer 1

Just because newer versions of jQuery are available under one license doesn't indicate what license(s) older versions are available under. With permission of all copyright holders, the license can be modified. However, it does require the permission of all copyright holders. You would have to see the license terms distributed with jQuery 1.2.1 to see what license(s) that particular version is under.

However, the GPL doesn't impact you in this case, since the library is dual licensed. As the recipient, get to choose the license that you wish to comply with. In this example, you can choose to comply with either the GPL license or the MIT license. Since the MIT license is easier for you to comply with, you simply need to conform to the terms of that license in your application.