The Novell-Microsoft deal violates the GPL v2 in spirit. And, with the new adjustments to the language of GPL v3 in process, "SCOvell" will have violated the GPL in letter.
Moglen & Stallman are working on language now for GPL v3 that would explicitly forbid an individual or organization from distributing GPL software to someone with the implication that the recipient might be sued one day. It is implied within GPL v2, for instance, that any normal person recieving Free Software from someone would expect not to be concerned about being sued for patent violations. GPL v3 will now spell it out. What's interesting is how this event is attracting new support for GPL v3 where previously it was all rancour and dissent.
So, it's come to this has it? Companies really don't like it when they are made to behave like human beings.
As Pamela at Groklaw says:
There is no honorable workaround [to the GPL].
If you ask me, this deal is dead. So is Novell.
What is especially remarkable is the evident lack of understanding of Free Software still among officials at Microsoft (J Matusow admits "execution" problems with deal). Linux, Free Software and the GPL are Microsoft's greatest competitive threats and the company still have not gone to FOOCamp to think through what it's like to be the other side. About time for that. Shows a certain lack of respect that usually comes back to haunt the incumbent.
Novell people should understand the GPL better, too. But what do you expect? Novell is not the brightest bulb on the tree.
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