GPL to be Modified to Penalize Patents and DRM

null etc. writes "MSNBC is running an article about how upcoming changes to the GPL will retaliate against companies that patent software or produce DRM'ed products. "Software patents are clearly a menace to society and innovation. We like this to be more explicit. The basic idea is that if someone patents software, he loses the right to use free software. It's like a patent retaliation clause.""

Comments

It depends on the specifics

[FreeUser]

That one is bold. And is not a good idea IMHO. Almost every company today uses GPLed software, also those with software patents (e.g. Nokia, Motorola). Making it illegal for them will only make GPL enforcement harder.

Enforcement might be a better clause, and since the article doesn't reveal the exact wording, that may in fact be what is intended. I.e. filing for and receiving a patent may not invalidate your license to use GPLed V. 3 software, but enforcing the patent might be. An additional clause allowing a patent to be enforced if it has also been granted without strings attached to any and all GPLed software might be another stance.

You definitely don't want to hamstring GPL friendly companies from enforcing patents if they are attacked by Microsoft's patent portfolio, or make it impossible for companies to use GPLed software because they feel they have to file defensive patents, but you also don't want to allow Microsoft et. al. to use GPLed software when their policy is to destroy it via software patents.

So, perhaps the best approach:

"This License (GPL V. 3) is revoked if a person or company files for and receives a software patent and does not explicitly license any and all use of that patent to all GPLed software free of any requirements (monetary or otherwise) except those stated in the GPL, and if they ever seek to enforce that patent in a non-defensive matter. I.e. the only enforcement of said patent which will not revoke this license is one that is in direct retaliation of a patent enforcement action by another firm or person."

Of course, the lawyers would need to clean up the language quite a bit, but you get the gist.

GPL friendly companies can then patent software, use it to defend themselves against the depridations of Microsoft, Apple, etc., but any and all Free Software released under the GPL would be protected in perpetuity.