Bonum Certa Men Certa

Why are we waiting for GPL3?

IANAL, AFAIK.

Now, with the preliminary disclaimers out of the way, I applaud Eben Moglen and the FSF's pledge to construct the GPL3 to specifically include language to outlaw discriminatory patent agreements such as the MS-Novell deal.
"I'm instructed by my client," Moglen said, referring to the FSF, "that version 3 will contain measures that will prevent any such deal from occurring in the future. We will change the law such that . . . we will reverse the legal consequences of this deal."


But, I still do not concede that the deal is compliant with the GPL2 in practice. GPL2 will not let you limit the redistribution rights of those who receive GPLed code from you (GPL V2 S6):
6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein.
Of course their is a technicality, Novell is not placing restrictions on you, their partner Microsoft is. Review the terms of the MS Community Commitment , your options for "legal" redistribution are to submit your changes to OpenSuSE.org. Otherwise, you may only make changes for your own personal use, and may not share them with others.
Microsoft hereby covenants not to assert Microsoft Patents against each Individual Contributor (also referred to as “You”) for Your distribution of Your personally authored original work (“Original Work”) directly to openSUSE.org, but only if, and to the extent, (i) Your Original Work becomes part of SUSE Linux, SUSE Linux Enterprise Desktop or SUSE Linux Enterprise Server, and (ii) You ensure that as a result of Your contribution, openSUSE.org, and all further recipients of Your Original Work, do not receive any licenses, covenants or any other rights under any Microsoft intellectual property. This pledge is personal to You and does not apply to any use or distribution of Your Original Work by others.
Those are the liberal terms for contributors to OpenSuSE.org, if you are not willing to contribute your code improvements back to Novell, you can always just keep them to yourself. Really.

If you are a "Non-Compensated" Hobbyist developer, Microsoft will not allow you to redistribute or share your code improvements without fear of litigation. And just forget it if you are a "corporation, partnership or other legal entity". This is what MS calls "community".

By entering into this deal with MS, Novell is in effect limiting recipient's rights to redistribute GPL'ed code using MS as a proxy. As I have said before, whether or not Novell is violating the letter of the GPL, it is certainly violating its spirit.

Novell must not be supported, Boycott Novell.

Comments

Recent Techrights' Posts

Richard Stallman to Give Public Talk in Portugal on Wednesday
new addition to his page
Richard Stallman's Hair Has Grown Back and He Does Not Talk About Cancer
May he live a long and happy life
[Teaser] Freenode LTD: What Happened
Upcoming series based on insiders' account with evidence
Links 15/04/2024: Signs of Desperation at Microsoft and Tesla Employees Brace for Mass Layoffs (Update: Yes, Over 10% at Tesla Laid Off)
Links for the day
 
Halász Dávid & IBM Red Hat, OSCAL, Albania dating
Reprinted with permission from the Free Software Fellowship
Apology & Correction: Daniele Scasciafratte & Mozilla, OSCAL, Albania dating
Reprinted with permission from the Free Software Fellowship
Next Week Marks a Year Since Red Hat Mass Layoffs, Another Round Would be "Consistent With Other Layoffs at IBM."
"From anon: Global D&I team has been cut in half."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 15, 2024
IRC logs for Monday, April 15, 2024
Links 15/04/2024: Navartis, AWS and Tesla Layoffs
Links for the day
Gemini Links 15/04/2024: YAML Issues and Gemtext Specification 0.24.0
Links for the day
New Video of Richard Stallman's Talk in Italy (Delivered a Week Ago)
a working copy of the video
Microsoft Windows Falling to New Lows in the United Kingdom and Worldwide
What's noteworthy here is that there's no sign at all of a Windows rebound
[Meme] Quantity of European Patents
they've rigged the system to make more money
Why do free software organizations eliminate community representatives?
Reprinted with permission from the Free Software Fellowship
Upcoming Themes and Articles in Techrights
we expect to have already caught up with most of the administrivia and hopefully we'll be back to the prior pace some time later this week
Matthias Kirschner & FSFE People Trafficking, coercion of volunteers
Reprinted with permission from the Free Software Fellowship
Gemini Links 15/04/2024: Profectus Alpha 0.4 and RPG of One Capsule Progress
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 14, 2024
IRC logs for Sunday, April 14, 2024
Oceania: GNU/Linux Measured at Lower Than the International Average (4% or 7% Including ChromeOS)
statCounter's data
Human Rights Tribunal of Ontario (HRTO) Does Not Wish to Become an Instrument of Cost-Free Harassment or 'Cheap Revenge', It Says "Justice is Not Free. Quite the Contrary. Justice is Expensive."
Long story short, there is no lawsuit, there is a just a hateful, lying idiot abusing "the system" (which this idiot rejects entirely)
Achieving Objectives
The 'suits' and their vocabulary can be overcome when their deceit is widely deciphered:
Mozilla Has Turned Firefox Into OSPS Consistent With "Attestation" Objectives
Open Source Proprietary Software
100 years of Hitler & psychological experiments on volunteers
Reprinted with permission from the Free Software Fellowship
Taliban, the Free and Open Source Software Community Team of Afghanistan
Reprinted with permission from the Free Software Fellowship
Links 14/04/2024: Software Needed for Work and Issues in Brazil
Links for the day
Gemini Links 14/04/2024: OFFLFIRSOCH and Gemtext Specification 0.24.0
Links for the day
Links 14/04/2024: Tesla and OpenAI (Microsoft) Layoffs Floated in the Media
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 13, 2024
IRC logs for Saturday, April 13, 2024