openSUSE 10.2 RC1

openSUSE 10.2 RC1

GPLv3 may not actually be the problem for Novell that people think it is.

Although it may end up being a problem for Microsoft. A HUGE FUCKING problem for Microsoft.

Imagine this:

Say your a customer of Novell and you buy Novell's operating system which includes GPL'd code.

Now your a 'customer' and are safe from Microsoft.

Now think about this: What Exactly Does It Mean When Your A Customer Buying Novell GPL'd Software?

Your purchasing Novell's software.
GPL'd software.
Your buying it Because it's GPL'd.

GPL software allows you to use the source code. As Novell's customer your using their code in yoru project as stipulated by the GPL license.

Think about that.

To put it another way:
If your a SAMBA developer and you want to make all the source code you want and you want to have protections against Microsoft.. What do you do?

Well what you do is:
1. Goto Novel's website and order a copy of Suse Linux for 80 bucks or whatever they charge you. Your now a customer.
2. You get the cdroms so then you stick some of the source code from Novell's SAMBA version in your CVS repository. As a Novell customer using Novell's source code as stipulated by the GPL.
3. You are now immune against patent lawsuites against Microsoft. And also this should spread to your end users also, because it's stipulated in the license you got as a customer of Novell.

See? Your purchasing the GPL'd software because it's GPL'd. You using code you obtained from Novell as a customer of Novell. As a customer of Novell your redistributing the source code to every corporation on the planet.

Pretty good deal for a few bucks eh? You just purchased yourself several million dollars worth of licensing protections from Microsoft for the cost of a copy of Suse.

You've, of course, heard of the term of 'Money Laundring'?
Well as a Linux developer Novell has just become your 'Microsoft Patent Laundry'.

Microsoft isn't going to like this. As soon as Novell starts distributing GPlv3 code then you can expect to Microsoft to pull a fast reverse out of this deal. It's not a violation of the GPLv3, your just a Novell customer using the GPLv3 code as the licensing terms have been delivered to you.

Patent language and all.

Now I don't know if this is right or not or if I am completely misunderstanding the whole GPLv3 patent language.. but look at this:

Eben Moglen comments on the subject:
http://www.theregister.co.uk/2006/11/20/eben_moglen_on_mi...

Start Snippet----

"Our further strategy is to finish GPL 3 in a way which gives us, in the free world, what we must have, and which is otherwise respectful of the needs of people who use the free world's products in whatever legitimate way they do them.

"We believe agreement on all the major issues is now within reach. We're going to publish a last-call draft very soon, that will show agreement has been reached with most of the major parties on all the major issues, and now it's time to finish the license and put it in place, and get the benefit of the protection that it accords us - at a time when the protection is really needed."

So how will adopting GPL 3 torpedo the Novell-Microsoft agreement?

Moglen told us:

"Suppose GPL3 says something like, 'if you distribute (or procure the distribution), of a program (or parts of a program) - and if you make patent promises partially to some subset of the distributees of the program - then under this license you have given the same promise or license at no cost in royalties or other obligations to all persons to whom the program is distributed'."

"If GPL 3 goes into effect with these terms in it, Novell will suddenly becomes a patent laundry; the minute Microsoft realizes the laundry is under construction it will withdraw."

----End Snippet

So some clarification on this would be welcome..