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Story URL: http://www.silicon.com/research/specialreports/opensource/0,3800004943,39155700,00.htm

GPLv3 gets public airing
FSF founder rails against patent threat

By Martin LaMonica

Published: Wednesday 18 January 2006

Richard Stallman, founder of the Free Software Foundation (FSF), proposed changes to the General Public Licence (GPL) at a public forum on Tuesday but made clear that provisions to protect users from patent litigations will remain intact.

Stallman is the author of the original GPL, a licence used with countless free and open source software packages, including Linux. On Monday, the FSF released a draft document of GPL version 3, the first major revision in 15 years, written by Stallman and Eben Moglen, general counsel for the FSF.

The forum, held on Tuesday at the Massachusetts Institute of Technology, represents one of the first steps of what is expected to be a year-long debate over the updated GPL. The FSF also published a rationale for the proposed changes.

GPL version 3 seeks to protect software users from software patent litigation and to prevent use of DRM (digital rights management) technology with GPL software. It also includes a "patent retaliation" clause that prohibits an organisation from using privately modified GPL software if it files a patent infringement lawsuit relating to that software.

Although Stallman solicited comments from forum attendees, he made clear that GPL version 3 will not alter the licence's basic stance on software patents. He said that even though Moglen had publicly solicited feedback on the issue, GPL version 3 is explicitly meant to discourage litigation based on software patents.

Stallman said: "This is not a placeholder. This is the text we currently plan to go with unless we're surprised by seeing a better idea."

GPL version 3 adds an explicit grant of patent rights by anyone redistributing GPL-governed software. In the published rationale, the FSF railed against the application of patent law in software, calling it "unwise and ill-considered".

According to the document: "Software patents threaten every free software project, just as they threaten proprietary software and custom software. Any program can be destroyed or crippled by a software patent belonging to someone who has no other connection to the program."

Stallman fielded several detailed legal questions from open source contributors on several topics, including licence compatibility; the patent retaliation clause; trademarks; and issues that arise when GPL software links to non-GPL software, such as mobile phone applications that run on Linux.

For example, Bruce Perens, an open source consultant and advocate, voiced concern over exceptions that allow a software distributor to link to software components called system libraries. "I see this as giving someone carte blanche to include proprietary components" with GPL software, Perens said.

In response, Stallman said the new version of the GPL makes those exceptions more narrow.

Although many of the legal questions that arose at the forum were very detailed, Forrester Research analyst Michael Gould said open source software users, including corporations, would do well to participate in the comment period.

Goulde said: "Corporate legal counsels need to get involved in this process somehow. The question is either you burn cycles on it today or burn a lot more cycles down the road."

Martin LaMonica writes for CNET News.com