03.28.07

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GPLv3 is Coming to Punish Novell Despite Its Contributions

Posted in Boycott Novell at 8:18 am by Dr. Roy Schestowitz

Today is the day when we shall find out about the Grand Plan of the FSF. Backlash is expected, but we will get by despite all the skepticism.

Brown admits that the discussion so far about the license revision has revealed and possibly deepened the divisions between the free software and open source communities. But “there’s nothing we can do about that,” he says philosophically. “It’s just the way things are.”

To be fair to Novell, throughout their time as a decent Open Source citizen they have actually contributed a lot. In fact, they still contribute a great deal of stuff, but the damage they do at the same time outweighs the benefits.

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2 Comments

  1. shane said,

    March 28, 2007 at 9:44 am

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    New draft is out, check it here

  2. shane said,

    March 28, 2007 at 9:51 am

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    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.

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