Free Software Foundation releases GPL 3

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"A provision to block future deals similar to that struck by Novell and Microsoft, in which Microsoft sells coupons to Novell's Suse Linux Enterprise Server that mean customers don't have to worry about Microsoft patent infringement lawsuits. Under the GPL 3, the foundation argues that all GPL software users will benefit from the Novell-Microsoft deal and others like it: "If you arrange to provide patent protection to some of the people who get the software from you, that protection is automatically extended to everyone who receives the software, no matter how they get it," said Brett Smith, the foundation's licensing-compliance engineer."


Oviously those that authored the GPL-3 *hope* that this provision works. However, I believe they opened a door for Microsoft (or another vendor) to launch a legal attack on the GPL-3 itself and ask that it be renedered unenforceable.

Say anything you like, but when you create a license that attempts to steal another's IP the courts take a very dim view of it. I mean if I created say an MP3 player and the license said, "Any music you play on this device is automatically yours and you can give it away to anyone" there is no way a court would agree. Sorry folks but that is not how the law works.

Add to it that the license by it's very nature is exclusionary AND robs end users of interoprability I believe the court will toss the GPL-3 out with little or no deliberation.

The thing that will be worth watching here is "who" gets to play in court because Microsoft (or another vendor) doesn't need to sue anyone, all they need do is ask the court for relief from the GPL-3. As there would be no defendant no one would really have any legal standing in court and at most can offer "friend of the court" filings. That certainly tilts the field in Microsoft's (or another vendor) favor.

Posted by: No_Ax_to_Grind   Posted on: 06/30/07 You are currently: a Guest | Members login | Terms of Use

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