Re: GPLv3 Position Statement

On Sat, 2006-09-30 at 17:05 +1000, tridge@xxxxxxxxx wrote:
I just can't see where you get this interpretation of the GPLv2
from. The wording in GPLv2 is:

If you cannot distribute so as to satisfy simultaneously your
obligations under this License and any other pertinent obligations,
then as a consequence you may not distribute the Program at all.
For example, if a patent license would not permit royalty-free
redistribution of the Program by all those who receive copies
directly or indirectly through you, then the only way you could
satisfy both it and this License would be to refrain entirely from
distribution of the Program.

This means if you try to enforce royalties on a patent in a piece of
GPLv2 software, you and everyone else lose the right to distribute it.
However, to enforce or license royalty free is an existing choice. The
damage caused by making the programme undistributable is assessable
against the value of the patent.

v3 removes this choice by making the patent automatically licensed as
soon as you distribute, hence the choice is taken away.

James


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