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GPLv2 Vs. GPLv3
chessweb writes "Here is a rather enlightening article by Richard Stallman on the reasons for moving to GPLv3 that puts the previous TiVo post into the right context." From the article: "One major danger that GPLv3 will block is tivoization. Tivoization means computers (called 'appliances') contain GPL-covered software that you can't change, because the appliance shuts down if it detects modified software... The manufacturers of these computers take advantage of the freedom that free software provides, but they don't let you do likewise... GPLv3 ensures you are free to remove the handcuffs. It doesn't forbid DRM, or any kind of feature. It places no limits on the substantive functionality you can add to a program, or remove from it. Rather, it makes sure that you are just as free to remove nasty features as the distributor of your copy was to add them."
Suppose that Darth goes ahead and does it anyway, what does the enforcement process look like? Darth gets sued under copyright law, like IBM did against SCO with IBM's counter claims. The free software side has to prove two things:
In order the suit to be successfull against Darth, both steps have to succeed. Step (2) can be optimized by the FSF, by adjusting the terms of the GPL, to make it as difficult as possible for Darth. The GPLv3 is an improvement in this process. Step (1) is the step that the FSF can not control, because the applicable copyright law is written by the legislature (in the U.S. that would be congress), not by the FSF! Therefore, step (1) is the weak point! If Microsoft is ever sued under the copyright law because of the coupons, Microsoft will attack the week point of the argument (1). This is what Microsoft's lawyers will say:
The key assertion in the above is:
If Microsoft can win on the key assertion. Then it will win. If the lawyers for the free software side can knock out the key assertion then they will win.
Why do the coupons exist in the first place? Why did not Microsoft just hand out SuSE installation DVDs? The reason is obvious. Microsoft did not want to become a GNU/Linux distributor. The coupons are a dodge to get around this. The whole raison d'etre for the coupons was that that Microsoft avoid becoming a GNU/Linux distributor! Can anyone believe that Microsoft allowed the coupon scheme to proceed, without first getting on Lexis and finding out whether the scheme would work? It is guaranteed that in some Microsoft lawyer's briefcase, there is a brief. And that brief deleniates in excruciating detail why the coupon scheme does not make Microsoft a GNU/Linux distributor. And the brief was checked and rechecked by multiple lawyers before the coupon scheme was ever allowed to proceed.
The free software argument against the MS-Novel coupon scheme, is a chain. And like any chain, it is only as strong as its weakest link. It is no good for free software advocates to sit back and congratulate themselves on how strong their strong point (2) is. Of course it is strong! The FSF deliberately designed the GPLv3 to make it strong! The point is, that Microsoft is not going to attack this strong point. Microsoft is going to attack the weak point (1).
Instead of congratulating them selves, free software advocates should be critically examining their own arguments looking for weak points. And when they find one, they should research the caselaw looking for ways to shore up their arguments! They should not be replying to the weak points with mere repeated assertion of what they hope should be true, instead they should do some real scholarship.
Let us not forget the anti-patent provisions of GPLv2! It includes an "im