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The Free Software Foundation is just weeks away from announcing the
roadmap and process that will govern the release of the first draft of
the rewritten GNU General Public License.
Eben Moglen, the general counsel for the FSF and who is authoring the
first rewrite of the license in some 15 years with its creator Richard
Stallman, told eWEEK in an exclusive interview ahead of the OSBC East
conference in Newton, Mass., next week that it would also be releasing
within the next month a process document that tells people exactly what
the rules are going to be for the discussion and comment submission
process around GPL version 3.
Moglen, along with Diane Peters, the general counsel for the Open
Source Development Labs and Mike Milinkovich, the executive director of
the Eclipse Foundation, will be talking at OSBC East in a session
titled "GPL 3.0: Directions, Implications, Casualties."
A number of people will also have been invited to help with the process
around GPL 3, Moglen said, adding that the criteria behind that first
round of invitations would also be detailed.
"We would like to put all that information out publicly at one time,
and we expect this will take place sometime in November," he said.
The first draft of GPL version 3 is expected early next year, and while
Moglen said the date, place and time of its release would be made
public next month, "I want people to absorb the rules we are going to
use before we start talking about the substance.
"I want everyone to have seen that the process is open, transparent and
fair and have gotten used to the rules that are available and how to
play them, and then we will put the document down on the table and
start talking," he said.
Some users agree that the community needs to be as involved in the process as possible.
Con Zymaris, the CEO of Cybersource Pty. Ltd., a Linux and open-source
solutions company in Melbourne, Australia, told eWEEK that when the FSF
produced version 2 of the license, its perceived importance was
relatively minor due to the minimal spread of free software and the
lack of the key operating system upon which the free software world
could be underpinned.
"But the GPL is now without doubt the single most important legal
instrument in not only the software space but beyond. It has
precipitated a sea-change in the understanding and philosophy of
intellectual property. It is because of this great importance that the
next version of the license has to be seen to be the best possible
implementation of the wishes and needs of the free software community,"
he said.
"It can't impose painful measures and it can't deviate from the spirit
of the previous license, or it risks a reduced uptake. Developers will
still be able to resort to version 2 of the GPL if they aren't
satisfied with version 3," Zymaris said.
Moglen said that a firm end date for the process around GPL 3 will also
be announced, and that will be about a year out from the announcement.
The plan was also to "hit the ground running," and there would be an
opening international conference, followed by regular public meetings
around the world in a way that users could understand and access, he
said.
GPL 3 aims to address a range of issues facing open-source developers
and vendors, including intellectual property licensing and patent
concerns, the question of how to deal with software used over a
network, and trusted computing.
Diane Peters, the general counsel for the Open Source Development Labs
of Beaverton, Ore., told eWEEK that, from OSDL's perspective, there
were two different aspects to the revisions. The first related to
substantive changes in rights and obligations that will be modified.
"As we all know, the growth and success of open source from a
technological and business-model perspective has grown at a race and
pace that could not have been anticipated when GPL 2.0 was first
adopted," she said in another exclusive interview with eWEEK ahead of
OSBC East.
"I anticipate those areas as being the ones in which many of the
changes will be focused and debate will ensue; issues such as Web
services, trusted computing, source code distribution requirements, and
patent termination provisions," Peters said.
The other aspect, which was equally important, was clarifying the
language defining rights and obligations that were not changing
substantively, so as to eliminate ambiguities that resulted in
uncertainty for businesses and developers.
"The challenge will be balancing the need for clarification with the
FSF's stated objective of preserving the license as the literary work
of Richard Stallman," she said.
Asked what role Stallman would play in the process, Moglen said all of
his strengths and skills would be fully on view throughout the process,
"but he is also a man who wants to get things put before him in a
clear, well presented and concentrated way so that he can rule on
issues in a fashion that will put the best of what he has to offer the
movement in its best light," he said.
While there would be some eight people working full-time on the process
around GPL 3, there would also be some 60 other people chairing
committees and playing major public roles in the discussions, "but they
will be outsiders with interests and stakes and concerns. I also expect
there will be many thousands of people who want to be heard and they
are all important to the process," he said.
Companies and other parties who wanted to help hold international
meetings would be allowed to do so as hosts, and some resources would
be raised as travel money for those members of the community who needed
to participate but could not afford their own travel would have the
opportunity to do so, Moglen said.
"But this is not going to be a sponsored process. We cannot allow that,
so the Software Freedom Law Center, acting for the FSF and FSF itself
will staff and provide the necessary logistics for this process," he
said.
Linus Torvalds, the creator of Linux, has told eWEEK that while the GPL
is not perfect, and one of his issues has been how verbose it is,
"nothing is ever perfect. So while I may have some niggling concerns
with the GPL, they are in the details, and, in the end, I actually
think that the GPL simply is the best license for the kernel."
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