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Eben wonders ("no comfort at all") [was: Competing Robin Hood Linux]

From: Alexander Terekhov
Subject: Eben wonders ("no comfort at all") [was: Competing Robin Hood Linux]
Date: Fri, 03 Nov 2006 12:14:41 +0100

Moglen: Microsoft-Novell raises GPL questions
November 2, 2006 4:58 PM PST

It's possible that Thursday's deal between Microsoft and Novell could
conflict with a provision in the General Public License (GPL), according
to Eben Moglen, the attorney for the Free Software Foundation that
created and oversees the Linux license.

"If you make an agreement which requires you to pay a royalty to anybody
for the right to distribute GPL software, you may not distribute it
under the GPL," Moglen told CNET Thursday. Section 7 of the GPL
"requires that you have, and pass along to everybody, the right to
distribute software freely and without additional permission."

Microsoft and Novell announced Thursday a deal under which Novell's Suse
Linux Enterprise Server and Desktop customers need not fear Microsoft
will assert patent rights against them. In addition, Microsoft pledged
not to assert patents against unpaid open-source programmers or against
any open-source programmers contributing to Novell's OpenSuse.

Whether the partnership precludes Novell from distributing Linux depends
on precise terms of the agreement that Moglen hasn't seen, he cautioned.
But he found other aspects of the deal troubling, too.

Microsoft's pledge not to sue unpaid programmers is "no comfort at all,"
given the quantity of paid open-source programmers.

"I and my firm don't take comfort from statement from Microsoft that
they won't sue programmers as long as they don't get paid," Moglen said.
"We represent developers of free and open-source software. If Microsoft
or anyone else attempts to sue our clients for doing what they do to
create software, because they're being paid for it, then the people
doing that will be sorry. We protect our clients."

Posted by Stephen Shankland


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