Free Software Foundation Begins Rewriting the GPL

Robert writes "The first update to the GNU General Public License in 15 years has begun. Details about the process and guidelines by which it will be updated by the Free Software Foundation, and the free/open source community at large, are now available. The FSF has announced plans to release the first draft of the new license for comment at a conference to be held at the Massachusetts Institute of Technology in mid-January 2006." From the article: "This is the first time the GPL has been open to a public development process. Stallman created version 1 himself in 1985 and introduced version 2 in 1991 after taking legal advice and collecting developer opinion. The rapid adoption of Linux and hundred of other software products licensed under the GPL makes the development of GPLv3 a significant event, and one that is now likely to involve some of the biggest vendors in the industry, with Hewlett-Packard, Novell, and Red Hat already having declared their intention to participate."

Comments

Why does Linux make this important?

[N3Roaster]

I keep reading about this, and I can never figure why the rapid adoption of Linux makes GPLv3 important. Sure, there are a lot of projects that use the GPL that allow distribution under the current or any future version of the GPL, but Linux isn't one of them. From /usr/src/linux/COPYING

Also note that the only valid version of the GPL as far as the kernel is concerned is _this_ particular version of the license (ie v2, not v2.2 or v3.x or whatever), unless explicitly otherwise stated.

So what's the Linux connection here?

Reasons for a rewrite ?

[johnhennessy]

Are there issues with the current GPL that need to be fixed ? Or even some parts that need to be clarified ?

If there are actual issues with the license, then a rewrite is a good thing - all I'm concerned about is that people don't waste time developing a new license when one isn't needed. In the end, its adoption will be decided by the various projects - on a case by case basis, so just because there is a version 3, doesn't guarantee adoption, unless it brings benefits. ... And hopefully it doesn't spawn pro- and anti- GPLv3 wars in every GPLv2 project ! While licensing is important, it shouldn't create huge overheads that distract developers from doing what they do best.

Re:Reasons for a rewrite ?

[rkcallaghan]

Are there issues with the current GPL that need to be fixed ?

The GPLv2 doesn't properly deal with patent issues, only copyright. Thus, with some legal smoke and mirrors, it is possible to comply with the letter of the GPLv2, gaining free use of other GPLv2 code in the process, while shipping your code/product under patent restrictions, preventing it from being redistrobutable or adjustable freely.

~Rebecca

Re:My First Question

[zx75]

Then stick with using GPL v2. But just because it is adequate for your needs, doesn't mean that it neccisarily addresses the concerns of everyone who chooses to use it. Hence the rewrite.

We don't need Microsoft to create "FUD"

[CyricZ]

Having talked to various developers, these recent licensing shenanigans have not been particularly good for the open source community.

Many developers wish to make use of open source software, but are getting to the point where they're not sure what exactly they're allowed to do with some particular piece of software.

These developers are not lawyers, and do not want to waste their time trying to figure out fairly complex licenses. Individual consultants and smaller development firms can't necessarily afford to hire a lawyer to verify that they're complying with the terms of all the licenses their project may be subjected to.

I know many professional developers who won't even touch LGPL'ed libraries. They stick with software released under the BSD license, for instance, because it has very clear and concise terms. They know what they can do with such software, and thus can focus on developing solutions, rather than getting bogged down in legal nonsense.

While the GPL v3 may offer some degree of protection with respect to patents, any such benefits may be mitigated by the fact that many developers out there are not interested in becoming lawyers. They don't want to get bogged down trying to interpret relatively complex licenses.

Re:My First Question

[Bogtha]

Now that more and more applications run simply over the web, with no publishing involved, some people (like RMS) are interested to extend the concept of Free Software to web apps.

The big problem is that this changes the GPL into a EULA. Right now, the GPL doesn't attempt to restrict anything, it merely grants privileges that would not usually be in effect. That's why it's such a strong license.

To change the GPL to include restrictions on how you use the software would seem to run counter to the ideals of Free Software; namely that you are free to use the software as you please. It's also vulnerable to the same criticisms of other EULAs. Basically, the only thing that allows copyright holders to bind you to terms is the fact that you are copying. But copying for the purpose of using the software (e.g. installation) is explicitly not copyright infringement under USA law. That means that if you are merely using the software, the copyright holder has no leverage to bind you to their terms.