Stallman Absolves Novell

A few days ago we linked the transcript of Richard Stallman's talk at the Tokyo GPLv3 meeting . Now bubulubugoth writes to point us to an analysis of what Stallman said in Tokyo. In particular, these quotes: "Microsoft has not given Novell a patent license, and thus, section 7 of the GPL version 2 does not come into play. Instead, Microsoft offered a patent license that is rather limited to Novell's customers alone." And, apparently resolving the conundrum of whether GPLv2 and GPLv3 licenses can be commingled: "There's no difficulty in having some programs in the system under GPL2 and other programs under GPL3."

Comments

Stallman's entire comment on novell's deal

[Anonymous Coward]

Sorry for the karma whoring, but the article seems to imply that RMS thinks that there's nothing wrong with Novel's deal, which is not quite the case, as can be seed below.

However, there's another way of using software patents to threaten the users which we have just seen an example of. That is, the Novell-Microsoft deal. What has happened is, Microsoft has not given Novell a patent licence, and thus, section 7 of GPL version 2 does not come into play. Instead, Microsoft offered a patent licence that is rather limited to Novell's customers alone.

It turns out that perhaps it's a good thing that Microsoft did this now, because we discovered that the text we had written for GPL version 3 would not have blocked this, but it's not too late and we're going to make sure that when GPL version 3 really comes out it will block such deals. We were already concerned about possibilities like this, namely, the possibility that a distributor might receive a patent licence which did not explicitly impose limits on downstream recipients but simply failed to protect them.

What if one company pays Microsoft for a patent licence where Microsoft says "Alright, we won't sue you, but we're just not making any promises about your customers if they redistribute it". We had already written a downstream shielding provision into GPL version 3 saying that if you convey the program, and you are benefitting from a patent licence that is not available, that does not extend to the downstream users, then you have to do something to shield them.

This is, it turns out, inadequate in two ways. First of all, "shielding them" is vague. We're replacing that with a specific list of methods, and second, once again it assumes that the distributor has received a patent licence, so the Microsoft/Novell deal cunningly does not give Novell the patent licence, only Novell's customers.

Well, now that we have seen this possibility, we're not going to have trouble drafting the language that will block it off. We're going to say not just that if you receive the patent licence, but if you have arranged any sort of patent licensing that is prejudicial among the downstream recipients, that that's not allowed. That you have to make sure that the downstream recipients fully get the freedoms that they're supposed to have. The precise words, we haven't figured out yet. That's what Eben Moglen is working on now.

Written by Maureen O'Gara!

[KillerDwarfFromHades]

It should be noted, since Sys-Con is hiding it as "by Linux News Desk", all articles with that by-line are written by none other than PJ-stalker Maureen O'Gara.

The proof? It's currently the free article on Maureen's poorly-named LinuxGram website: http://www.linuxgram.com/

That's all her.

(For those who live in a cave, only surf for porn, etc., Maureen O'Gara wrote a slanderous piece about Groklaw's PJ, wherein she literally tried to stalk PJ, peeking in windows, generally making an ass of herself.)

Sys-Con swore they'd never publish an O'Gara piece again. Good thing noone believed them, since they just hid her behind a "Linux News Desk".