EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

03.28.07

GPLv3 Draft 3 is Here

Posted in Action, Free/Libre Software, FSF, GNU/Linux, GPL, Law, Microsoft, Novell, Patent Covenant, Patents at 1:10 pm by Shane Coyle

For anyone who still says that GPLv2 doesn’t address patents, Groklaw had a link to an interesting piece about implied patent license aspects of GPLv2. I especially agree with PJ’s analysis that the Microvell deal is not harmonious with GPLv2, but rather it was more expedient to address the issue via a new license clause rather than litigation.

They wrote that about GPLv2. So if you think no one should use a software license to address patents, the GPL already does, my friends. So please don’t waste my time placing that thought in a comment on the draft. Read this article instead. That’s why the Novell-Microsoft patent deal sticks in the community’s craw, and why I personally doubt it is harmonious with GPLv2. I think that Eben Moglen just found an easier way to block it than through litigation. If you’ve followed the SCO Magical Mystery Tour, where after four years, we still don’t know what it’s actually about, you may be able to figure out why it could be easier and cheaper to just fix the license to make things crystal clear.

Well GPLv3 is definitely going to address patents, here is the patents section of the new draft, and it is constructed in no uncertain terms to tell Novell that their patent license deal (and any others like it) are unacceptable, "however denominated". Then, it grants an odd semi-exception to their deal which at first read had me quite confused.

11. Patents.
Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor’s essential patent claims in its contribution, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contribution.
For purposes of the following three paragraphs, a “patent license” means a patent license, a covenant not to bring suit for patent infringement, or any other express agreement or commitment, however denominated, not to enforce a patent.

If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) disclaim the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent license to downstream recipients. “Knowingly relying” means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient’s use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid.

If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license providing freedom to use, propagate, modify or convey a specific copy of the covered work to any of the parties receiving the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.

You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a patent license (a) in connection with copies of the covered work conveyed by you, and/or copies made from those, or (b) primarily for and in connection with specific products or compilations that contain the covered work, which license does not cover, prohibits the exercise of, or is conditioned on the non-exercise of any of the rights that are specifically granted to recipients of the covered work under this License[, unless you entered into that arrangement, or that patent license was granted, prior to March 28, 2007].

Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law.

Here is the explanation of the cutoff date rationale [PDF] and "letting Novell off" from the FSF themselves.

Drafting this paragraph was difficult because it is necessary to distinguish between pernicious agreements and other kinds of agreements which do not have an acutely harmful effect, such as patent contributions, insurances, customary cross-license promises to customers, promises incident to ordinary asset transfers, and standard settlement practices. We believe that we have achieved this, but it is hard to be sure, so we are considering making this paragraph apply only to agreements signed in the future. If we do that, companies would only need to structure future agreements in accord with the fifth paragraph, and would not face problems from past agreements that cannot be changed now. We are not yet convinced that this is necessary, and we plan to ask for more comment on the question. This is why the date-based cutoff is included in brackets.

One drawback of this cutoff date is that it would “let Novell off” from part of the response to its deal with Microsoft. However, this may not be a great drawback, because the fourth paragraph will apply to that deal. We believe it is sufficient to ensure either the deal’s voluntary modification by Microsoft or its reduction to comparative harmlessness. Novell expected to gain commercial advantage from its patent deal with Microsoft; the effects of the fourth paragraph in undoing the harm of that deal will necessarily be visited upon Novell.

Update: Matt Asay has some on Novell’s his response to the draft, wherein Bruce Lowry also repeats Stafford Masie’s promise of GPL3 compliance – even if they must revisit their deal with Microsoft:

We are firmly committed to continuing the partnership with Microsoft and, as we always have, fully complying with the terms of the licenses for the software that we ship, including software licensed under GPL3. If the final version of the GPL3 does potentially impact the agreement we have with Microsoft, well address that with Microsoft.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. EPO Crushed the Boards of Appeal (i.e. Quality Control) and Insiders Explain Why

    Team Battistelli has made a complete mockery of the EPO and also serves to devalue EPO patents, which in the long term can doom the whole system



  2. Academic Discussion About Patents' Harm and Good, Pushers of Software Patents Still Upset at Alice Decision

    In light of the Alice case, large monopolies and their messengers moan about patent quality control, whereas here in Manchester people have an open debate about the potential harms of over-patenting



  3. Links 30/7/2016: Sysadmin Day, Stardew Valley on GNU/Linux

    Links for the day



  4. Links 29/7/2016: More Microsoft Problems and Layoffs, Bodhi Linux 4.0.0 Alpha Released

    Links for the day



  5. Links 28/7/2016: CORD as Linux Foundation Project, Wine 1.9.15 Released

    Links for the day



  6. EPO Loses More Than 80% of Cases at the International Labour Organisation (ILO)

    The International Labour Organisation (or Organization) helps show just to what degree the European Patent Office (EPO) violates the rights of workers



  7. To Understand What Battistelli Has Turned the EPO Into Look at Turkey and China

    Battistelli and his notorious Vice-President from SIPO (Croatia) turn the European Patent Office, once the pride of Europe, into a human rights cesspool with SIPO (China) connections



  8. Patent Lawyers Move Closer to Battistelli's Rubber-stamping Office While the Appeal Boards Pushed Away as Collective Punishment Which Masks Decline in Patent Quality

    Urgently sending appeal boards away and urgently granting applicants patents without proper examination will be Battistelli's sorrow legacy at the European Patent Office



  9. Software Patents a Dying Breed, But Patent Lawyers in Denial Over it and Notorious Judge Rodney Gilstrap Ignores Alice (Supreme Court)

    A look at what law and practice are saying about software patents, contrasted or contradicted by the patent industry and trolls-friendly courts (which make business out of or together with patent aggressors)



  10. CAFC Meddling in PTAB Affairs; Unified Patents Fights a Good Fight by Invalidating Software Patents

    A look at how the AIA's Patent Trial and Appeal Board is invalidating software patents post-Alice, with or without involvement of patent courts



  11. Early Certainty That Benoît Battistelli is Dangerously Clueless and a Major Risk to the EPO

    The chaos which Team Battistelli is assured to deliver if it doesn't treat scientists like scientists, instead viewing them as a production line with rubber-stamping duties



  12. OIN Makes Claims About “Open Source Innovation”, But It Produces Nothing and Protects Virtually Nobody

    The Open Invention Network (OIN) reports growth, but in practical terms it does little or nothing to help developers of Free/Open Source software



  13. Links 27/7/2016: New CrossOver, Blackmagic for GNU/Linux

    Links for the day



  14. The Death of Software Patents and Microsoft's Coup Against Yahoo! Made the Company Worthless

    A look at what happens to companies whose value is a house of software patents rather than code and a broad base of users/customers



  15. Munich Attack Mentioned by EPO But Not Ansbach

    The EPO does the usual right-wing thing (exploiting disaster/emergency for domestic crackdowns), but some bemoan the omission of the explosion at Ansbach (also in Germany)



  16. Kluwer Thinks People Are Clueless About the Unitary Patent System and Pretends It's Business as Usual

    Flogging the dead UPC horse at times of great uncertainty (enough to bring the UPC to a standstill)



  17. Almost Everything That the Government Accountability Office Says is Applicable to the EPO

    The Government Accountability Office in the United States produces reports which can serve as a timely warning sign to the European Patent Office, where patent quality is rapidly declining in order to meet 'production' goals



  18. Microsoft Says It Loves Linux, But Its Anti-Linux Patent Trolls Are Still Around and Active

    Highlighting just two of the many entities that Microsoft (and partners) use in order to induce additional costs on Free (as in freedom) software



  19. Links 26/7/2016: Microsoft Growing Desperate, Linux 4.8 Visions

    Links for the day



  20. Links 25/7/2016: Linux 4.7 Final, PostgreSQL 9.6 Beta 3

    Links for the day



  21. Leaked: Boards of Appeal Face 'Exile' or 'Extradition' in Haar After Standing up to Battistelli

    A look at some of the latest moves at the European Patent Office (EPO), following Battistelli's successful coup d’état which brought the EPO into a perpetual state of emergency that perpetuates Battistelli's totalitarian powers



  22. The US Government Accountability Office (GAO) Comes Across as Against Software Patents, Relates to the EPO as Well

    Some analysis of the input from the Government Accountability Office (GAO) with focus on the EPO and software patents



  23. In the US, Patent Trolls Engage in Patent Wars and Shakedowns, Whereas in China/Korea Large Android OEMs Sue One Another

    Highlighting some of the differences between the US patent system and other patent systems



  24. Links 24/7/2016: Elive 2.7.1 Beta, New Flatpaks and Snaps

    Links for the day



  25. Links 23/7/2016: Leo Laporte on GNU/Linux, Dolphin Emulator’s Vulkan Completion

    Links for the day



  26. Links 22/7/2016: Wine 1.9.15, KaOS 2016.07 ISO

    Links for the day



  27. Haar Mentioned as Likely Site of Appeal Boards as Their Eradication or Marginalisation Envisioned by UPC Proponent Benoît Battistelli

    Not only the Staff Union of the European Patent Office (SUEPO) is under severe attack and possibly in mortal danger; the increasingly understaffed Boards of Appeal too are coming under attack and may (according to rumours) be sent to Haar, a good distance away from Munich and the airport (half an hour drive), not to mention lack of facilities for visitors from overseas



  28. EPO Attaché Albert Keyack Viewed as Somewhat of a Mole, Reporting From the US Embassy in Brazil Until Shortly Before the Temer Coup

    Public responses to the role played by Albert Keyack on behalf of the United States inside the European [sic] Patent Office



  29. EPO Insiders Explain Why the EPO's Examination Quality Rapidly Declines and Will Get Even Worse Because of Willy Minnoye

    Public comments from anonymous insiders serve to highlight a growing crisis inside the European Patent Office (EPO), where experienced/senior examiners are walking away and leaving an irreplaceable bunch of seats (due to high experience demands)



  30. Patents Roundup: BlackBerry, Huawei, PTAB, GAO, Aggressive Universities With Patents, and Software Patents in Europe

    Various bits and pieces of news regarding patents and their fast-changing nature in the United States nowadays


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts