The Supreme Courtâs April 3rd decision of the long-running dispute between Oracle and Google brings to a last victorious conclusion the free software movementâs legal campaign, which began more than thirty years ago. Though the Justices have only now resolved the issue of API copyright, it was among the first of the legal problems with which FSF and I dealt.
I am not, and SFLC is not, counsel to FSF, the GNU Project, or the GCC Steering Committee. We do not speak for any of them. I have read the GCC Steering Committee statement on copyright assignment, and on that basis I can give an independent legal opinion.
Yesterday additional companiesâincluding CA Technologies, Cisco, HPE, Microsoft SAP, SUSEâjoined Red Hat, Facebook, Google and IBM in agreeing to use GPLv3 âcure periodâ termination provisions with respect to their own GPLv2-licensed works, and as an additional permission on their contributions to other GPLv2-licensed programs. We at SFLC welcome this step, and we hope that other licensors will join the approach Red Hat has so successfully pioneered.
Yesterday marks three years that I have been trying to negotiate a peaceful settlement with my ex-employees, Karen Sandler and Bradley Kuhn, of various complaints SFLC and I have about the way they treat us. After all this time when they would not even meet with us to discuss our issues, the involvement of the Trademark Trial and Appeals Board in one aspect of the matter has at least created a space for structured discussion. Intermediaries both organizations work with and trust have generously taken the opportunity to communicate our settlement proposals, and we have initiated discussion through counsel. As transparency is, indeed, a valued commitment in the free software world, we think it is now time to publish our offer:
Today a coalition of major companiesâled by Red Hat and including Google, IBM and Facebookâwho create, modify and distribute FOSS under copyleft licenses have committed to the use of GPLv3âs approach to license termination for all their works published under the terms of GPLv2 and LGPLv2.1. Following last monthâs statement to similar effect by the developers of the Linux kernel, the worldâs most widely-used GPLv2 program, todayâs announcement establishes a broad consensus in favor of the ânotice and cure periodâ approach to first-time infringement issues that Richard Stallman and I adopted in GPLv3 more than a decade ago. This adoption of GPLv3âs approach for GPLv2 programs is an enormously important step in securing the long-term viability of copyleft licensing. All computer users who wish to see their rights respected by the technology they use are better off.