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Re: GPLv3 comedy unfolding -- "GPLv3 would prevent MS/Novell"

From: rjack
Subject: Re: GPLv3 comedy unfolding -- "GPLv3 would prevent MS/Novell"
Date: Tue, 05 Dec 2006 09:31:36 -0500
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.0; en-US; rv:1.7.2) Gecko/20040804 Netscape/7.2 (ax)

Alexander Terekhov wrote:

GPLv3 would prevent MS/Novell

By Chris Duckett | 2006-12-04 14:07:36

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According to the Free Software Foundation's general counsel, Eben
Moglen, GPL version 3 would prevent the type of deal made by Microsoft
and Novell from happening.

Moglen told delegates at a GPL V3 symposium held at the University of
New South Wales (UNSW) that the deal would not happen again is due to an
addition of a clause that would force anybody making provisions to a set
of users have to extend that provision to all users. Translated that
means that the patent deal Microsoft has made to Novell would have to be
extended to all Linux users. Moglen told the audience he hoped that the
new GPL would make Microsoft retract their new patent deal.

Reinforcing Moglen's comments was Samba founder, Andrew "Tridge"
Tridgell. Tridge said the GPL allowed developers to respond to a
changing legal environment otherwise "bit-rot" would set in and the
direction of the licence would be determined by the courts. With a new
licence, developers could remain on the front foot and respond to the
new threats from patents, the DCMA and DRM.

According to Moglen and Tridge internationalisation is among the new
initiatives contained inside the new GPL. References to the US legal
system and statues have been replaced with their international
equivalents and this version of the licence can work within all major
legal systems. Although parts of the new licence may appear tautologous,
Moglen explained that that was to combat the different legal systems.
For instance Section 3 of the new licence has language that addresses
both the EU legal system and the DCMA. Flexibility has been added for
local warranty provisions which can now be made by the expansion of
Section 7b.

Of particular interest to Australian developers will be how the Trade
Practices Act and how the latest Copyright Law changes will affect the
interpretation. To give an Australian angle on the changes, the
Cyberspace Law and Policy Centre will be putting in a submission to the
Free Software Foundation.

According to the Free Software Foundation simplification between the GPL
and LGPL will occur in version 3 with the LGPL simply being the GPL with
some permissions added. As a thought exercise, Moglen said that he had
made equivalents to the Apache and Eclipse licences as Section 7a
additions to the GPL.

The GPL is said to be launched on March 15th 2007 with a last call draft
to be published in 3 to 4 weeks time. ---------

Tridge might really want to wiki a bit at


Tridge might really want to wiki a bit at

Wow! Looks to me like Tridge and the Samba team are facing potential contributory infringement damages of a few billion. . .

Moglen better add a term to GPL3 that removes the juridiction of courts to hear contributory patent infringement charges.

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