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From GPLv3 Wiki

Consider this scenario:

GoodApp is licenced GPLv3+ (ie. "GPL version 3 or any later") without additional requrements (section 7b). Suppose EvilCorp finds a loophole in GPL and writes a version of GoodApp that has additional restrictions that are allowed in section 7b (maybe because of some odd court decision etc.) but violates the spirit of GPL. Let's call EvilCorp's version of GoodApp EvilApp. Fsf responds by writing and publishing GPL version 3.1 that don't allow such restriction.

Which of the following happends according to current GPLv3 draft? Which of them should happend?

1. EvilApp cannot be upgraded to GPLv3.1 despite it is licenced "GPL version 3 or any later".
2. EvilApp can be upgraded to GPLv3.1, but the restrictions can't be taken out, even when they contradict GPLv3.1.
3. EvilApp can be upgraded to GPLv3.1 and the restrictions can then be removed thus infridging EvilCorp's copyright.