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Re: GPLv3 comedy unfolding -- Eben Moglen predicts broad embrace of GPL

From: Alexander Terekhov
Subject: Re: GPLv3 comedy unfolding -- Eben Moglen predicts broad embrace of GPL 3
Date: Fri, 25 May 2007 13:47:02 +0200

Yeah, and pigs will fly.

Comedian Eben's best stunt this month.

The GPL has the power to enable open-source software to dethrone
Microsoft from its position of dominance, Moglen said. "The time is
rapidly approaching when the GPL is capable of leveling the monopolist
to the ground," he said. 

LOL. Clown Eben.

In the meantime:

GPLv3 Draft - Ed Walsh on the Anti-Microsoft-Novell provisions

To say that the anti-Microsoft-Novell provisions of the draft GPLv3 
are controversial is a major understatement. I asked Ed Walsh, an 
attorney at Wolf Greenfield & Sacks whose practice includes advising 
on issues relating to open source licensing, about paragraphs 4 and 
5 of section 11 (Patents) of the GPLv3. Here's what Ed told me:

The anti-Microsoft/Novell clauses are different in kind than 
anything that has appeared before and require a new risk assessment. 
Rather than merely allocate rights, those clauses are intended to 
encourage active participation in disrupting an existing agreement 
and in general promote a boycott of buying patent licenses. 

Those clauses flirt with conduct that would, in other contexts, be 
called "tortious interference with contract," "inducing infringement" 
and "an agreement in restraint of trade." Most for-profit companies 
would not allow their employees to make such agreements as part of a 
trade group or industry consortium, so the unintended, as well as the 
intended, consequences of these clauses should be given special 

As noted previously in this series, there are many other open source 
licenses that may be more appropriate than the GPLv3 in its current 
form. Anyone contemplating adopting GPLv3 should seek legal advise 
before doing so. 


"At some point you become so shrill that you lose the audience, who 
moves on to something that better fits the business needs," Steve 
Mills senior vice president of IBM's software group, said Wednesday 
while discussing the new GPL. 

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