GPLv3 Sabers Rattle

Bar fights are as nasty as they are predictable. IIn other words, the Open Source community just
won't discuss the carnage aspect, leaving it to saytold Microsoft to stick it.
that in my youth I saw a few and escaped theMicrosoft just spoke in a deep baritone and
raging insanity with my skin in tact and a whiskeyclinched their legal fist. In response to GPLv3
in hand.Microsoft growled "At this point in time, in order
Bar fights are as predictable as a politicians brokento avoid any doubt or legal debate on this issue,
promise. They typically start with a slowly heatingMicrosoft has decided that the Novell support
argument, originating from something as inane ascertificates that we distribute to customers will
baseball statistics or an inebriated glance at thenot entitle the recipient to receive from Novell, or
wrong woman. Words get louder and moreany other party, any subscription for support and
personal, with the parties escalating bravado toupdates relating to any code licensed under
save face and intimidate rivals. When one partyGPLv3," ( emphasis mine ) It is a narrow threat,
reaches a certain level of anger, they drop theirsaying that their paper certificates are immune
voice a couple of octaves, and utter a poorlyfrom GPLv3. But the subtlety is they intend to
masked threat. Inevitably the challenged party willapply this edict to Novell and any other party. This
do something stupid, like stick their chin outis a corporate version of the poorly masked
another inch, and the fight begins.threat in a bar fight. Microsoft is preparing to
Such is the dance between Open Source,throw the first punch in the great 21st Century
Microsoft, and SAMBA. Microsoft has made theGPL Barroom Brawl.
threat, and SAMBA is the Open Source chinAnd SAMBA developers are saying "Go ahead.
target practice for Microsoft's right-hook legalTake a poke."
team.For those who slept through the last 10 years,
The Open Source community released the thirdSAMBA provides a variety of file and print
version of the GNU General Public License ( GPLv3services, allowing PC users to share storage and
). Development of GPLv3 was delayed as theprinters across a network. This includes some
community responded to the Microsoft/Novellreversed engineered ( or "revenged" ) mimicry of
deal, fearing how Microsoft might co-opt OpenMicrosoft file and print services. Businesses can
Source and seeing an opportunity to kick Stevetoss a Linux server into a remote office and for
Ballmer in the economic crotch.a fraction of the cost of using a Microsoft
When Microsoft and Novell consummated theiroperating system let Windows-based PCs share
relationship, many feared that Microsoft would usedisc space and attached printers. I have even
the arrangement to stifle Open Source. Theinterviewed some firms that put Linux/SAMBA in
theory was that Microsoft would use their allegedmainframe partitions to server their entire
patent claims against one or more Open Sourceenterprises from a single box. SAMBA and Linux
packages to ensure that Open Source distributorspretty much stalled aggressive growth of
entered into licensing agreements and thus wouldWindows in the file and print server market.
pay a "Microsoft tax" for Open Source software.And that has annoyed Microsoft greatly. So when
"To prevent this, the GPL assures that patentsthe SAMBA crew decided to adopt GPLv3, they
cannot be used to render the program non-free,"threaten the patent claims Microsoft might have in
according to the GNU web site. GPLv3 tosses atheir file and print technologies. GPLv3 would in
wrench into Microsoft supposed plans byeffect force Microsoft ( and possibly Novell ) to
removing the right to distribute a GPLv3-basedeither not distribute SAMBA as part of a Linux
package if it is tied to a patent, or forces thedistribution ( which is unthinkable as it is considered
distributor to turn the patent into an open licensean intrinsic package and in high demand ) or
( i.e., give up the right to profit from the patent ).release their patent claims that cover SAMBA.
So, if Microsoft passes along a Novell LinuxBarstools are toppled, the drunks are on their
distribution that contains a GPLv3-based package,feet, and one has called the other's bluff. Now
and Microsoft claims they have patents thatwe'll see if Microsoft breaks it's legal beer bottle
covers some or all of that technology, theyover SAMBA's head, or walks out of the bar to
surrender their patent rights over that piece ofget a breath of fresh air. Me, I'm expecting a bar
software.fight and will take wagers on the winner.