GPL version 3 makes DRM progress

By Matt Whipp

Posted on 28 Jul 2006 at 13:10

A second discussion draft for version 3 of the GNU General Public License has been published.

The draft contains a number of revisions, including a clarification of how it will handle DRM technologies. Whereas earlier drafts had been interpreted as outlawing the use of DRM, new wording allows the use of DRM only where it doesn't impact on the freedoms inherent in the GPL enjoyed by licencees.

It states that by undertaking the GPL, users of such software cannot be held legally accountable for circumventing technologies put in place to restrict use so that the software complies with any legal rights of third parties.

It also hones GPL use within the context of patents, simply saying that patents cannot be used to make programs licensed under the new version of the GPL non-free.

Other changes also seek to make clear that software licensed under the GPL cannot be modified in any way that diminishes a user's freedoms to enjoy the subsequent result and to ensure that the resulting software is still able to function and interoperate in the same manner as the original. And additionally that these freedoms be preserved irrespective of local law across the world.

As well as trying to ensure GPL terms are applicable globally, the new version will also go some way to make software licensed under the GPL compatible with other open-source licences such as that used by the Apache Foundation.

Propagation across file-sharing systems is also now explicitly catered for, with terms to ensure the licence is included with GPL software conveyed in this manner, as well as restrictions on claims for royalties and fees, and the clarification that one is not considered a distributor in such instances.

'We have considered each suggestion with care,' said Eben Moglen, founder and Chairman of the Software Freedom Law Center, which represents various free software projects and is assisting FSF in revising the new license. 'By listening to people from around the world, we are working toward a license that acts consistently in many different legal systems and in a variety of situations.'

Pamela Jones, who runs the Groklaw site, which focusses on open-source and legal matters, told us: 'I'd say that they are listening to input. I made a suggestion that they put in clear wording that you are free to charge for your modified code, and that is in the new draft too. It used to be in the GPL FAQ, but lots of folks didn't realize that and thought you had to distribute free of charge ... There was even a ridiculous lawsuit alleging that GPL code must be provided free. And that has never been the case. So that should make my job of explaining a lot easier. It's the number one misunderstanding I ran into.'

This second discussion draft marks the halfway point for progress on version 3 of the GPL. A further draft will be published in the autumn, with a final release scheduled for the first quarter of next year.

Alongside the second discussion draft of the GPL, the first draft of the Lesser GPL has been published. This has now been subsumed into the GPL, but with additional privileges, including the waiving of certain provisions for the use of DRM technologies.

The full text for the second discussion draft of the GPL can be found at the Free Software Foundation website.