"Linus Torvalds has weighed in on the debate over the draft of
version 3 of the GPL in a post on the Linux Kernel Mailing List
(LKML) this afternoon. Torvalds says that the Linux kernel 'in
general' has always been covered under version 2 of the GPL, and
that that isn't going to change.
"Torvalds made the statement on the LKML to clarify the version
of the GPL covering the Linux kernel. While many GPLed projects
include the clause, 'version 2 of the License, or (at your option)
any later version,' which would allow anyone to license code under
the GPLv3 when it is finalized, the kernel does not..."