Roy Schestowitz wrote:
> Microsoft patent claims complicated by GPLv3
>
> ,----[ Quote ]
> | The current version of the GPL, the open-source license for Linux,
> | does not have specific protection against patent litigation for
> | companies distributing Linux. However, GPLv3, which is expected
> | to be in final release in the next couple of months, has a
> | provision promising patent safety to those who receive software,
> | such as Linux, distributed under the license.
> `----
>
> http://www.linuxworld.com.au/index.php?id=1108052425&rid=-50
>
One of stopping points for not attacking the Linux community over patents is
the question 'Who do you take to task that will make a difference'. Lets
say MS attacked Redhat with their full army of lawyers and in the ensuing
battle Redhat simply ran out of steam for no other reason than they ran out
of money fighting the case.
But then what happens to Linux? Well actually nothing much. I'm not saying
Redhat is a small fish, but it is only one distributer. The users of Redhat
can carry on using it, all of the other distros can carry on. Absolutely
anyone can still pick up the Linux base and make a distribution out of it.
Plus of cause not every country is subject to American laws, getting rid of
Linux is not a battle anyone with any number of lawyers and loads of money
in the bank can possibly win.
The worry of this particular phrase in GPLv3 is that the true number of
targets may well be reduced to a manageable number. Because if the software
is released under GPLv3, you are saying you immunize your users from patent
litigation, which means that if anyone gets it in the kneck it is those who
distribute. The buck stops with us and not you.
So when you think of it the actual numbers that would make a difference is
very small.
Lets pretend that MS patents are valid and they do pull the plug on the use
of their patented software. (I don't believe for a moment it is true, but
US legal system might do). How many pieces of software do they need to
attack to make life very difficult for us.
The kernel.
OpenOffice
Sections of our libs.
They could carry on through the system, but there is no real need, in the
list above they would have us by the short and curlies and the distributers
have effectively stated that they are responsible.
So I think they could be battles yet to come and possibly the GPLv3 will be
used as a weapon against us at the same time as we are trying to protect
ourselves with it. I suppose that all we can really do is trust the big
boys, IBM, Sun, HP who are all nodding approvingly at what is happening
inside GPLv3, I trust IBM (despite snipes they get in here sometimes) and I
trust Sun, the full extent of their support for Linux over many years is at
least as extensive as IBMs support has been. nd I trust HP because their
support engineers give me free software sometimes. So I am sure it will all
turn out nice in the end.
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