The Linux kernel is under the GPL version 2. Not anything else. Some individual files are licensable under v3, but not the kernel in general. And quite frankly, I don't see that changing. I think it's insane to require people to make their private signing keys available, for example. I wouldn't do it. So I don't think the GPL v3 conversion is going to happen for the kernel, since I personally don't want to convert any of my code. You think v2 or later is the default. It's not. The _default_ is to not allow conversion. Conversion isn't going to happen.  -   Linus Torvalds     Quotes
The Linux kernel is under the GPL version 2. Not anything else. Some individual files are licensable under v3, but not the kernel in general. And quite frankly, I don't see that changing. I think it's insane to require people to make their private signing keys available, for example. I wouldn't do it. So I don't think the GPL v3 conversion is going to happen for the kernel, since I personally don't want to convert any of my code. You think v2 or later is the default. It's not. The _default_ is to not allow conversion. Conversion isn't going to happen. Linus Torvalds