Bonum Certa Men Certa

GPLv3: Microvell Escape Clause Clarification

In the coverage and early reviews of the latest draft of the GPLv3, the "Microvell Escape Clause" is garnering alot of attention, causing alot of confusion and a even a bit of uproar around the community (we updated our poll, feel free to make your feelings known). I, too was quite shocked at first read, and immediately grabbed the rationale document [pdf] to mollify my concerns.

The so-called escape clause is, at this time, only a proposed piece of language (indicated by the fact it appears within brackets in the new draft) that essentially limits the effects of Paragraph 5 in Section 11 to any future discriminatory deals. On its surface, this is indeed a grandfather clause that would apply directly to the Microvell deal, but that is not its sole intent.

One point in particular that's drawing a lot of attention already is the bracketed clause in section 11. We've proposed language that would prohibit distributors from entering discriminatory patent deals like the one between Microsoft and Novell; the text in brackets is still under consideration, and would make that effective only against deals that were made starting today. If the text is removed, the draft would be "retroactive" because it would prohibit companies from distributing GPLv3ed software if they've already entered such a deal. That's as far back as it can go—we don't have a magic trick to retroactively stop those companies from distributing software under GPLv2.

So, if the text in brackets is adopted for the final version of the license, it is true that this would grandfather in Novell. That's not the reason we're considering it, though. After all, that deal would still be affected by the previous paragraph, forcing Microsoft to offer its patent protection to everyone instead of just Novell's customers. At the same time, a number of other companies who distribute free software are worried that our language will affect other kinds of patent agreements they've made that aren't harmful to the community, like patent cross-licenses. If you want to learn more about this, the rationale document has details.


So, Novell is not off the hook, if they want to be GPLv3 compliant as they have promised, they will likely need to revisit their Microsoft deal in some way if the current draft is accepted. As I understand it, Section 11, Paragraph 4 will require Novell to pass on their patent license to all recipients, rather than just "customers". I'm not sure how Microsoft will feel about that prospect, so we'll have to stay tuned for that.

I, personally, love the new GPLv3 draft improvements overall. In regards to the grandfather clause, I think I like it, but am still giving it consideration. I'll be perusing this draft a few more days, and looking for some enlightened analysis to help me, anyone who stumbles on a great link or article please leave it in the comments so that we may have an informed, fact-based discussion.

Recent Techrights' Posts

[Video] Microsoft Got Its Systems Cracked (Breached) Again, This Time by Russia, and It Uses Its Moles in the Press and So-called 'Linux' Foundation to Change the Subject
If they control the narrative (or buy the narrative), they can do anything
 
Sven Luther, Lucy Wayland & Debian's toxic culture
Reprinted with permission from disguised.work
Chris Rutter, ARM Ltd IPO, Winchester College & Debian
Reprinted with permission from disguised.work
Links 19/04/2024: Israel Fires Back at Iran and Many Layoffs in the US
Links for the day
Russell Coker & Debian: September 11 Islamist sympathy
Reprinted with permission from disguised.work
Sven Luther, Thomas Bushnell & Debian's September 11 discussion
Reprinted with permission from disguised.work
G.A.I./Hey Hi (AI) Bubble Bursting With More Mass Layoffs
it's happening already
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 18, 2024
IRC logs for Thursday, April 18, 2024
Coroner's Report: Lucy Wayland & Debian Abuse Culture
Reprinted with permission from disguised.work
Links 18/04/2024: Misuse of COVID Stimulus Money, Governments Buying Your Data
Links for the day
Gemini Links 18/04/2024: GemText Pain and Web 1.0
Links for the day
Gemini Links 18/04/2024: Google Layoffs Again, ByteDance Scandals Return
Links for the day
Gemini Links 18/04/2024: Trying OpenBSD and War on Links Continues
Links for the day
IRC Proceedings: Wednesday, April 17, 2024
IRC logs for Wednesday, April 17, 2024
Over at Tux Machines...
GNU/Linux news for the past day
North America, Home of Microsoft and of Windows, is Moving to GNU/Linux
Can it top 5% by year's end?
[Meme] The Heart of Staff Rep
Rowan heartily grateful
Management-Friendly Staff Representatives at the EPO Voted Out (or Simply Did Not Run Anymore)
The good news is that they're no longer in a position of authority
Microsofters in 'Linux Foundation' Clothing Continue to Shift Security Scrutiny to 'Linux'
Pay closer attention to the latest Microsoft breach and security catastrophes
Links 17/04/2024: Free-Market Policies Wane, China Marks Economic Recovery
Links for the day
Gemini Links 17/04/2024: "Failure Is An Option", Profectus Alpha 0.5 From a Microsofter Trying to Dethrone Gemini
Links for the day
How does unpaid Debian work impact our families?
Reprinted with permission from Daniel Pocock
Microsoft's Windows Falls to All-Time Low and Layoffs Reported by Managers in the Windows Division
One manager probably broke an NDA or two when he spoke about it in social control media
When you give money to Debian, where does it go?
Reprinted with permission from Daniel Pocock
How do teams work in Debian?
Reprinted with permission from Daniel Pocock
Joint Authors & Debian Family Legitimate Interests
Reprinted with permission from Daniel Pocock
Bad faith: Debian logo and theme use authorized
Reprinted with permission from Daniel Pocock
Links 17/04/2024: TikTok Killing Youth, More Layoff Rounds
Links for the day
Jack Wallen Has Been Assigned by ZDNet to Write Fake (Sponsored) 'Reviews'
Wallen is selling out. Shilling for the corporations, not the community.
Links 17/04/2024: SAP, Kwalee, and Take-Two Layoffs
Links for the day
IRC Proceedings: Tuesday, April 16, 2024
IRC logs for Tuesday, April 16, 2024
Over at Tux Machines...
GNU/Linux news for the past day