Linked by Thom Holwerda on Thu 28th Sep 2006 15:36 UTC, submitted by Moulinneuf
GNU, GPL, Open Source Friday Several kernel developers issued a position paper criticizing the GPLv3 drafts. That prompted Software Freedom Law Center chairman Eben Moglen to issue a 'renewed invitation' yesterday to kernel developers to participate in the GPLv3 process. Linus Torvalds responded to Moglen's statement by saying that his position on the license is clear and that he's "fed up" with the FSF.
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RE[7]: What is the problem again?
by Simba on Thu 28th Sep 2006 17:23 UTC in reply to "RE[6]: What is the problem again?"
Simba
Member since:
2005-10-08

"It's not risk at all to use software under the GPLv3 because it's not an EULA."

Yes, it is a EULA. And if you think there is no risk involved in using it, then you haven't read it. If you sue a an open source company for example, for infringing on one of your patents, your license to use software licensed under GPL3 is revoked.

Businesses are simply not going to go for that kind of strongarm tactic. They aren't going to commit themselves to saying "We can never enforce our software patents against any open source software".

The risks of using GPL3 licensed software is too high. Even the kernel developers agree. So does Linus Torvalds.

Reply Parent Score: 3

davegetrag Member since:
2006-03-31

No I think it is IF they use that patent IN a v3 product then they cannot sue if someone uses that or else if they sue then the right to use v3 is revoked.

It is a clause - a lot of licenses have them. Break it and you do not have the right to the license.

Looks GREAT to me and would put a stop to a LOT of license skirting and issues.

I question if the linux devs are in it for the money now and have forgotten what it was supposedly alll about.

Reply Parent Score: 4

thebluesgnr Member since:
2005-11-14

Yes, it is a EULA. And if you think there is no risk involved in using it, then you haven't read it. If you sue a an open source company for example, for infringing on one of your patents, your license to use software licensed under GPL3 is revoked.

Please don't accuse others of not reading the GPL v3 when that's not the case.

It's not an EULA. The GPL grants you "unlimited permission to run the unmodified Program." You don't have to agree to the GPL to use the program, only to copy, modify and distribute it.

The patent clause has nothing to do with running the program. It's similar to the Apache patent clause (in fact the licenses are meant to be compatible), and as you might know companies are not really "afraid" of running Apache. At least 60% of them.

If you run a GPL v3 program and you find out that it's using one of your software patents you still have the same rights granted by the US law to sue other people using the software. You only lose that when you distribute software under the GPL v3. Of course, if you can't check for your own patents in software you plan to redistribute you shouldn't a) have patents at all; b) distribute said software at all.

Reply Parent Score: 5

NotParker Member since:
2006-06-01

"and as you might know companies are not really "afraid" of running Apache. At least 60% of them."

Actually, Apache's lead over IIS is because a handful of hosting companies park their unused domains on Apache servers.

"If you take a look at the last three months, though, Windows IIS (Internet Information Server) numbers have taken a tremendous jump. Apache's lead over Microsoft, which stood at 48.2 percent in March, has been narrowed to 31.5 percent, a shift of 16.7 percent in just three months.

What happened? It's not like there's been some horrible security problem discovered with Apache, or Microsoft has dumped the price of IIS to zero dollars and zero cents.

Well, actually the last reason does have something to do with it. Most of Microsoft's gain, and Apache's loss, came from Go Daddy, a popular, cheap Web site hosting company, moving 1.6 million parked hostnames from Apache to IIS"

http://www.linux-watch.com/news/NS3407542187.html


If all the hosting companies stoped using Apache for parked domains Apaches lead would disappear.

Edited 2006-09-28 19:07

Reply Parent Score: 1