[Scottish] Re: [edlug] GPLv3 - history in action

Gavin Henry ghenry at suretecsystems.com
Fri Jul 6 16:48:47 BST 2007

Dan Shearer wrote:
> GPLv3 was released the week Eben was in Scotland, and some of his
> comments were directed specifically towards The Monopoly. Microsoft has
> now responded, the first time it has ever made a corporate-level
> statement that I can recall specifically targetting free software. In
> summary, even Microsoft is admitting the Novell deal is over:
> http://www.groklaw.net/article.php?story=20070705205728953
> Microsoft must surely know that this will drive GPLv3 adoption like nothing
> else -- but they have no choice because if they cover any GPLv3 code with their
> joint Novell certificates then their entire patent portfolio they were offering
> cover for to Novell customers falls open for perpetual reuse by you and me and
> any other user of GPLv3 work:
>   If, pursuant to or in connection with a single transaction or arrangement, you
>   convey, or propagate by procuring conveyance of, a covered work, and grant a
>   patent license providing freedom to use, propagate, modify or convey a specific
>   copy of the covered work to any of the parties receiving the covered work, then
>   the patent license you grant is automatically extended to all recipients of the
>   covered work and works based on it.
> Eben predicted that Microsoft would have no room to move back in May, when he
> said:
>   You have been watching for months as Microsoft gave away these coupons --
>   which were supposed to be valuable to Microsoft, and for which it paid a lot of
>   money -- as though the coupons themselves were hot, as indeed they are. All of
>   this giving away coupons activity by Microsoft is meaningless and useless. The
>   coupons have no expiration date, and Microsoft can be sure that some coupons
>   will be turned into Novell in return for software after the effective date of
>   GPL 3. Once that has happened, patent defenses will, under the license, have
>   moved out into the broad community and be available to anybody who Microsoft
>   should ever sue for infringement.
> This is a very interesting moment.


Kind Regards,

Gavin Henry.
Managing Director.

T +44 (0) 1224 279484
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E ghenry at suretecsystems.com

Open Source. Open Solutions(tm).


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