Showing posts with label gpl. Show all posts
Showing posts with label gpl. Show all posts

Tuesday, December 18, 2007

GPL and sublicensing

Story here, repeated almost verbatim here

A common criticism of the MS OOXML specification is that the patent promise is insufficient to allow an open source implementation without problems, and this story makes a specific claim about the patent license that we can examine:

"What Microsoft intends to do with its OSP is to forbid sublicensability, which is one of the cornerstone for distributing GPL code."


Legally, there are really two aspects to this: first, is sublicensing a corner stone for distributing GPL code (covered by copyrights), and second, does that apply to patent rights (rather than copyrights)? It's important to address both those aspects, since either could be true and would affect distribution in different ways.

First, the copyrights themselves. The GPLv2 doesn't address copyright sublicenses explicitly, but does say that "the recipient automatically receives a license from the original licensor" (section 6) which isn't a sublicense. GPLv3 is explicit, though: "Sublicensing is not allowed; section 10 makes it unnecessary." (section 2, last para).

Now addressing patents, the position GPLv2 takes on patent licenses is "a patent license [must] permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you" (my edit, the GPL states that in the inverse, section 7). It doesn't require the ability to sublicense, or request it.

GPLv3's section 11 (Patents) is considerably more complex than the v2 counterpart, but in essence requires contributors to grant a "non-exclusive, worldwide, royalty-free patent license". It doesn't ask for the ability to sublicense, and it's difficult to see why you'd need one given the initial license granted by contributors.

Thursday, November 29, 2007

ASUS' GPL resolution on EeePC

Story here, but also in other places.

The story I'm referring to isn't the worst, but I think there is a basic error here: the GPL doesn't say ASUS have to put the source code to their system online.

ASUS are distributing their EeePC with GPL'd software pre-loaded. I'm pretty sure - but haven't had it confirmed - that they are not shipping it with the source code on CDs. If you don't ship the source with the software, the GPL is very clear: you need to make an offer to give the source, or relay the offer you have.

If someone requested the source from ASUS, and they didn't make it available, that would be inconsistent with the GPL, and therefore would likely be a violation of copyright. However, that doesn't seem to be what happened: someone requested it from ASUS, and ASUS made it available.

Was ASUS ever in "violation of the GPL"? Not making the source available to begin with is not inconsistent with the license, and I don't see any evidence that ASUS refused to supply source.

The "Groklaw" blog made this comment about the state of affairs:

PJ: Actually, no. My understanding is that they need to get permission from the authors of the code to be able to redistribute that code again under the GPLv2. It's not automatic. Perhaps they have done so. If not, they would, I believe, remain out of compliance.
This comment comes from the "News Picks", which sadly don't seem to have permalinks so I cannot cite it directly.

PJ is right in that if ASUS were out of compliance, they could not automatically rectify the situation with GPLv2: GPLv3 allows that, but not v2. The implicit assumption is that there were not in compliance, and that doesn't seem to be supported by the facts at the moment.