FSF Positioning To Sue Microsoft Over GPLv3?

mjasay writes "Groklaw notes that the Free Software Foundation has decried Microsoft's attempts to distance itself from its obligations to abide by GPL Version 3 (press release here). Citing Microsoft's earlier declaration that they are not bound by GPLv3, the Free Software Foundation declared, 'Microsoft cannot by any act of anticipatory repudiation divest itself of its obligation to respect others' copyrights.' The press release implies that the Free Software Foundation may sue Microsoft over the issue."

Comments

Re:How is Microsoft bound by GPL3?

[Aim Here]

Don't think 'copyright violation'. Think along the lines of estoppel.

The threat here isn't that the FSF sues Microsoft for a GPLv3 breach; the FSF is making clear that there's a defence to a patent infringement lawsuit, namely that Microsoft aided and abetted the distribution of software under GPLv3 terms. If Microsoft sues RedHat over some FSF code, Eben puts on his cape, leaps into the courtroom and shouts "Aha! But you helped everyone distribute that code. Under the GPL. And because of the intricacies of the voucher system, under GPLv3. And the patent provisions of GPLv3 make clear under what conditions this software is allowed to be distributed. Novell gave EVERYONE permission to use every patentable idea in this software, and by helping Novell do that, you gave everyone permission too"

I reckon that's roughly the scenario that the FSF is hinting at here. It's obviously not a straightforward 'you distributed our software' copyright lawsuit.

Re:How is Microsoft bound by GPL3?

[Bruce Perens]

Well, for analogy, consider that I contract with someone to distribute bootleg copies of a CD for me, in return for coupons. I then claim to the judge that I owe nothing to the record label, since the license of the CD was not a contract and did not compel me to give up my pre-existing funds. :-)

I don't think it's relevant that the GPL is a license rather than a contract, since MS has the right to tell Novell to stop honoring those coupons, and thus to stop joining Microsoft to the license.

Bruce