Linked by Thom Holwerda on Mon 26th Oct 2009 19:28 UTC, submitted by poundsmack
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Member since:
2005-07-06
Which means that is is not fine at all. Nobody wants to be at the mercy of a patent lawsuit. They are far more expensive and time consuming than most people or companies can afford.
You could purchase a licence, but that protects just you. Nobody else who uses the code is protected. Why is it GPL in the first place if nobody can use the code without being sued? That certainly removes the "freedom" from the concept of "Free(dom) Software".
Novell have an agreement like this with Microsoft regarding Mono and .NET patents. Novell and paying Novell customers are supposedly covered, but nobody else is. So if you use Mono in Ubuntu or Fedora for example, you are potentially liable.
Licensing is a matter of choice for the originating developer(s). If you or they want to use code from elsewhere, it must be under a licence compatible to your/their own.
The fact is that most open source code out there is (L)GPL, and there are other licences compatible with it. You can't exclude most open source code and then claim that anyone can use the specs. Projects aren't going to change their licences simply to please Microsoft.
If you want an example of how to do this right, look at the Protocol Freedom Information Foundation deal with Microsoft, brokered by the SFLC and members of the Samba team:
http://samba.org/samba/PFIF/
They were very careful to ensure that all Free Software implementations would be covered, including GPLv3 ones like Samba.
So there's nothing impossible about this. It all can be done right.