Open Source GPLv3

The Free Software Foundation (FSF) will release the third discussion draft on the GNU General Public License on March 28, amid questions of whether the license will be doomed by the attempt to prevent loopholes like the one Microsoft and Novell were able to exploit to form an alliance. According to GPLv3, "If any entity that distributes the software arranges to protect a particular group from patents regarding that software, it must protect everyone," says open source expert Bruce Perens. However, Linux-Watch editor Steven Vaughan-Nichols says that "getting clauses into GPLv3 that will block similar deals from happening in the future, while avoiding cutting legitimate software patents uses off at the knees, is going to be almost impossible." However, the FSF does not see "any legitimate use for software patents," and this philosophy is consistent with GPLv2, explains Perens. He expects large patent holders to use GPLv3 so far as they can retain a reasonable number of patents. Novell could continue using GPLv2 patents, but could go no further as the rest of the free software world moves forward. For GPL to "freeze on one version would act to erode its protections over time," says Perens. The Association for Competing Technology says GPLv3 will make it very difficult for Microsoft and Novell to use the license, and that it would not allow them to provide customers with the certainty they are asking for regarding intellectual property. Perens points out that the Linux community should not assume that GPLv3 would prohibit the Linux kernel from running on systems that use DRM, or that the license will require manufacturers to give up intellectual property. Perens expects the Linux kernel to go to GPLv3 in the next couple of years, but even if it does not he expects the license to have a major effect.