Teleidoscope

Sat, May 19, 2007

Chickens Coming Home to Roost

Posted at 8:10 pm MDT to Current Events

Back in November I wrote about a deal between Microsoft and Novell which was aimed at splitting the FOSS (Free and OpenSource Software) movement by promising some but not all Linux users protection from Microsoft suits regarding patent infringement. That was when I switched Linux distributions from Novell SuSE to Kubuntu, and joined the FSF.

One response of the FOSS community to various large corporations trying to find loopholes that violate the spirit of the GPL free-software license has been to work on a new tightened-up version of the GPL, referred to as GPLv3.

Now it is reported (I found out by way of Groklaw) that the Linux vouchers Microsoft has been distributing as part of the deal have no expiration date. GPLv3 has clauses relating to patents, such that --

Once GPLv3 is finished AND

One or more existing packages that are part of the SuSE distribution release their updates and bugfixes under the new license AND

Novell SuSE packages those updates (which it cannot realistically not do if it wants to survive) AND

Someone who has a voucher in their possession redeems it

EVERYONE who uses Linux will have exactly the same protection against Microsoft patents infringement suits.

PJ of Groklaw implies that when a lawyer like Eben Moglen says he is confident that someone will redeem a voucher after GPLv3 goes into effect, it means he has a voucher locked in his desk, or has an ally that does.

It appears that Microsoft has the choice of repudiating the deal with Novell, or automatically licensing all of their relevant patents to all users of GPLv3-licensed software.

Major portions of the Linux kernel are not likely to transition to GPLv3 any time soon due to logistical problems in making the transition (and political disagreements about the transition withing the kernel developers community). But several other major components of Linux distributions are owned by the FSF and will transition immediately.

Microsoft's negotiators seem to have been too clever for their own good. Couldn't happen to a more deserving crowd.

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