They're involved in the distribution
Posted Jul 10, 2007 20:50 UTC (Tue) by sepreece
In reply to: They're involved in the distribution
Parent article: Microsoft's proclamation on GPLv3
"When I have done so, if I elect to accept GPLv3 conditions as applying to my instance of gcc (in order to gain the rights of modification, redistribution, etc.), I've demonstrably accepted a piece of GPLv3-covered FSF software from Microsoft Corporation."
No, you have received a piece of "GPLv2 or any later version" software, which is critically different from "a piece of GPLv3-covered software".
Suppose, for a moment, GPLvn required that distribution be only in CD format and version GPLvn+1 required that distribution be only in DVD format. Someone conveying could choose which set of terms to follow and, therefore, which format had to be provided. You, as recipient, would have no right to insist on any format other than what the distributor chose to provide.
And that's the way it goes with the patent clauses. GPLv2 carries different patent license/covenant conditions than GPLv3. The distributor chooses which apply to a particular distribution. The recipient is stuck with what the distributor chose.
There is no reason to assume that Microsoft has distributed any software *under the terms of GPLv3*.
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