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Re: [LUG] Samba is signing up for GPL v3

 

On Tue, 10 Jul 2007 20:36:28 +0100
Rob Beard <rob@xxxxxxxxxxxxx> wrote:

> > A fork is always possible but the fork would have to be under the GPLv2
> > (probably without the "or later" phrase) so the changes have to be
> > public and can be reimplemented under GPL3. 
> > 
> 
> Reimplemented meaning not using same code? 

Using better code.
:-)

In the case of Samba, what matters if *how* the software negotiates for
services from a Windows box. As long as the Windows machine gets the
right bytes, it doesn't matter how the source code is structured - what
matters is that the code produces the appropriate pattern and contents.

I can't see a fork of Samba being worthwhile for Novell - nobody else
would use it. It's probably easier to implement the features properly
than to wait for Novell to use their connections in MS to do it the
Windows-way.

> Like a clean room reverse 
> engineer so to speak, or would they just have to implement the feature 
> (assuming it isn't covered by any M$ patents)?

Software is not patentable. The patent provisions in GPL3 are mainly
there to stop more patent FUD. "Software patents are meaningless and in
order that free software community members need not be bothered by such
trash, GPL3 requires you to give us explicit immunity from any future
FUD."

It's part of the battle of discrediting software patents, countering
the FUD with legal immunity as an antidote to the propaganda emanating
from certain companies who have more money than lawyers. Just because
GPL3 includes clauses on software patents does not mean that the free
software community has accepted the principle that software patents are
legitimate. It is simply saying that companies who choose to
distribute GPL3 code cannot use patents as a stick to threaten the
developers of other GPL3 code. Free software developers cannot afford to
defend against spurious patent lawsuits so this is a way for all
developers to band together and fight patents en masse. Individually,
developers are vulnerable, simply because individuals cannot afford to
go to court over patents.

GPL3 is like a free software trade union - just like a union, the more
software gets released under "GPL3 or later", the stronger the union
and the stronger the protection.

GPL2 is powerful individually - GPL3 is powerful collectively.

GPL3 says that free software is now sufficiently robust, popular,
widespread and effective that free software licences can afford to
dictate how other parts of the software industry must behave. Free
software is here to stay and can no longer be ignored by any sector of
the industry - even MS admit that.

"First they ignore you, then they fight you, then you win."

-- 


Neil Williams
=============
http://www.data-freedom.org/
http://www.nosoftwarepatents.com/
http://www.linux.codehelp.co.uk/

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