> All the code that has already been written/published already has the FOSS license (in this case APLv2). No take-backsies.
You do realize that this fact does not entitle you to the copyright of the work, right? It entitles you to use it, modify, redistribute, etc, with continued attribution of the copyright holders.
As such, copyright re-assignment is possible for any code that Ben wrote. And, any contributions are probably a grey area of sorts since there was probably no agreement of copyright assignment when contributing as there is in some projects. Any who.
So if I take code that was released with a license like the APLv2, at any point the person that wrote that code can change the license and then sue me for using the code without permission? That doesn't sound right.
It is my understanding that the contract with you is APLv2, and he can't one-sidedly change that.
However, nothing is guarantied about the future license of the project. The rights holder could only release future versions under a proprietary license. Meaning buying rights assignment is buying the future of the project. Of course everyone forks and leaves if you get to draconian up front, so you have to slow boil that frog.
1. I didn't say anything about changing the LICENSE, but it certainly would be possible to change the LICENSE. Typically, you need to get all the copyright holders to agree to it (e.g. all previous contributors), OR, move to a license that ensures all of the previous rights as well (e.g. a compatible license). Additionally, there's a moment when the LICENSE changes. Previous releases would be under the previous license and available indefinitely under those terms (assuming you have the source code at that version).
2. The LICENSE itself has provisions around use of the code. If you fail to adhere to the agreement, then, yes, you could be sued by the copyright holder. Effectively, for APLv2, here is a summary: https://tldrlegal.com/license/apache-license-2.0-%28apache-2...
3. What I did say is changing the _copyright holder_, e.g., the owner. This is the grantor of the LICENSE, who is providing the software / source code (typically gratis, but it doesn't have to be) provided you adhere by the rules stated in the LICENSE. APLv2.0 definitely doesn't give you the right to pretend you wrote the entire thing. In fact, if you redistribute the source code with modifications, the APLv2.0 requires that you include a statement of your significant changes.