New rules change open-source landscape

On June 29, the Free Software Foundationreleased Version 3 of the GNU generalpublic license, one of the best-known andmost widely used open-source licenses.GPL Version 3 updates Version 2, whichhas been in use since 1991.GPLv3 significantly changessome provisions and languageand adds some new provisions.At its core, GPLv3 provides thesame basic rights as its predecessor;namely, the rights tocopy, modify and redistribute aGPL-licensed program. It alsoimposes an obligation on thosewho modify the software andconvey it to others to complywith certain requirements,including the requirement tomake the source code available.Other significant changesinclude: One of themore controversial new provisions ofGPLv3 relates to DRM. Under certainlaws relating to an internationaltreaty, you typically may prevent othersfrom circumventing technologicalmeasures you use to protect yourcopyrighted works. Section 3 prohibitsworks covered by GPLv3 frombeing considered an "effective technologicalmeasure" under these lawsand requires that you waive certainrights that forbid circumvention oftechnological measures. GPLv3 adds significant newpatent provisions. Section 7 of GPLv2had a provision that prevented takinga patent license to a GPL programunless the license benefited all whoused the program. This prohibitionhas been retained but is now inSection 12. However, GPLv3 addsthat a licensee under a GPLv3 programmay not initiate litigation,including a cross-claim or counterclaimin a lawsuit, alleging that anypatent claim is infringed by theGPLv3 program or any portion of it.If you are a contributor to a GPLv3project, you also grant a royalty-freepatent license under your essentialpatent claims to downstream users. Ifyou convey a covered work, knowinglyrelying on a patent license, and thecorresponding source of the work isnot freely available, then you mustcause the corresponding source to beavailable, arrange to deprive yourselfof the benefit of the patent license forthis particular work or arrange toextend the patent license to downstreamrecipients.If you convey a covered work andgrant a patent license to some of theparties receiving the work, the patentlicense is automatically extended toall recipients of the covered work andworks based on it. Certain prohibitionsagainst discriminatory patentlicenses have also been added. If youhold software patents and use ormodify software licensed underGPLv3, you must understand thesenew provisions and how they mayaffect your patent rights. For consumer products,you must not only make thesource code available but also make itpossible for a user to modify andupdate the software on any devicecapable of being upgraded in thefield.Section 8 adds new provisionsregarding termination and yourrights to cure if you inadvertentlybreach the license. Section 10addresses related company transactions.These now typically will nottrigger an obligation to release thecorresponding source. Certain flexibilityhas been added to make theGPLv3 compatible with some otheropen-source licenses with whichGPLv2 was not compatible.Ironically, GPLv3 is not compatiblewith GPLv2. Many new terms aredefined, in part to put the GPL in aninternational context and avoid certainU.S. copyright law-centric terms.Many other changes have been made.It is critical to seek guidance froman attorney experienced in patentsand open-source licensing ? particularlyGPLv3 ? before you decide touse or distribute software under theGPL.