RMS Explains GPLv3 Draft 3 139
H4x0r Jim Duggan writes "A transcript is now online of a talk Richard Stallman gave in Brussels earlier this week about the discussion draft 3 of GPLv3. Among other things, he explained how it will address the Novell-MS deal, from Novell's point of view and from Microsoft's, and he explained how the tivoisation clause was narrowed to make it more acceptable in the hope that it will be used by more people. After the talk he also gave an interview, and yesterday, draft 2 of LGPLv3 was released."
Re:Compatibility with patent-nullification license (Score:5, Informative)
As it is currently drafted, the GPL v3 has a patent-nullification clause itself: section 11. Furthermore, it allows under section 7 that derivative works have "Additional Terms" that are not in the GPL, but not incompatible with the idea of Free Software. The goal of section is to have less free software licenses that are GPL-incompatible; which directly addresses your question
Sadly, the Apache License v2 will probably remain incompatible with the GPL, even GPL v3. As desribed in the Rationale document [fsf.org], section 4.4, not because of the patent termination clause; but because Apache License v2's section 9 states that downstream redistributors must agree to indemnify upstream licensors under certain conditions.In any case, if you have comments on the latest(L)GPL v3 draft, the FSF's comment page [fsf.org] is the best place to do it. The reason this whole GPL v3 thing takes so much time (the first draft for GPL v3 was published Monday, January 16, 2006!) is that the FSF takes serious comments seriously (and of course, because of certain vendors' deals as well).
About Apache compatibility (Score:3, Informative)
FSF have tried all along to achieve compatibility with the Apache licence. The current status is that the patent language is now similar enough for the two licences to be compatible in that respect, but a new problem has been found which would make them incompatible. I expect a solution is being looked for.
This is discussed in the transcript in the section Patent retalisation and the Apache licence [fsfeurope.org] (the transcript is split into sections and there is a menu for easy navigation and linking).
Re:Complexity (Score:5, Informative)
The GPLv2 is one of the simplest, straightforward software licenses I've ever seen. It uses plain English, virtually no legal jargon, and even includes a summary. And I always see people talking about GPL-this and GPL-that who don't appear to have even read it, much less understood it.
Now the GPLv3 is more complicated than the GPLv2, but the main reason for it having to be explained is because so many people already have misconceptions about it from the rumour mill and because of its novelty. I wouldn't say that the necessity for an explanation is inherently a cause for concern.
Re:Why GPL3? (Score:5, Informative)
I disagree completely.
Yes, the GPLv2 was/is a great license, but it isn't perfect. The FSF's main concern is that certain companies start to distribute software/devices that is in accordance with the letter of the GPLv2, but not with its spirit (specifically freedoms 2 and 3: the freedom to change the program to your own needs, and distribute changes). Example: Tivo.
Also, GPLv2 was written at a time where software patents weren't considered possible, even in the worst nightmares. Today, they are a reality in many parts of the world.
Besides Tivoisation and patents, there are some other good things in the GPL v3, as it is currently drafted. It will be no longer necessary to provide source code via snail mail if you distribute binaries without source. This is the 21st century, providing access to copy the Corresponding Source from a network server at no charge will be sufficient.
Yes, there is resistance to the GPL v3, especially to the earlier drafts (drafts 1 and 2). That's what this long comment period is about. The FSF is taking serious comments seriously. Also, there was opposition in 1991 about GPL v2 as well. Some resistance doesn't mean the whole thing sucks.
And if the GPL v2 continues to be fine by you, you are free to continue to use GPL v2 for your own software. Or dual license "GPL v2 or v3" if you want to stay compatible with GNU software. The FSF would argue that "GPL v2, or at the user's option, any later version" is even better.
Not patents, indemnity (Score:4, Informative)
GPLv3 has been made compatible with Apache's patent clause.
Re:Yes it must be by a lawyer. (Score:5, Informative)
IANAL but as far as I understand it this is not actually true. Public statement from the author(s) of a license will affect the decision a judge makes if it ever comes to a trial. IBM lawyers used newletters published by AT&T where they clarified certain points in their license in the SCO case to show that SCO's interpretation of the license was not the same as AT&T's. So if it ever comes down to the question "what does this sentence here actually mean?" a judge will definitely look at any statements made by the FSF.
Where the law and the text of the license are clear there won't be much discussion, but both law and licenses are not science and open for many interpretations, that's why we need judges.