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ARTICLE · 21 APRIL 2006

GPL Version 3 – More Clear or More Issues?

Pillsbury Winthrop Shaw Pittman
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The first draft of the long-awaited Version 3 of the GPL license ("GPL3") has been released. The draft contains numerous changes. Some changes attempt to clarify existing provisions of GPL Version 2 ("GPL2"). Others add entirely new provisions.

United StatesMedia, Telecoms, IT, Entertainment
James Gatto
James Gatto

The first draft of the long-awaited Version 3 of the GPL license ("GPL3") has been released. The draft contains numerous changes. Some changes attempt to clarify existing provisions of GPL Version 2 ("GPL2"). Others add entirely new provisions. Some of the most significant changes relate to patents, digital rights management and compatibility among open source licenses. A summary of these and other changes is provided below, along with some observations about the potential impact of the proposed changes.1

Patents

Open source licenses are primarily based on copyright law. Yet, many open source licenses, including the GPL, include some patent provisions. The preamble to GPL3 reiterates the patent premise from GPL2. Both declare:

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