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The GNU General Public License is the bedrock on which the Free and open-source (FOSS) movement operates. The licence effectively releases the source code of any software under which it is developed to the public. Any derivatives of GPL code must also be made publicly available.

A new draft version of version 3 of the GNU General Public Licence was published on the Internet earlier this month. The new version, the first since 1991, attempts to address many of the issues that have surfaced regarding intellectual property since then.

One of the most contentious areas is that of digital rights management that the new draft says is 'fundamentally incompatible with the purpose of the GPL, which is to protect

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users' freedom'.

In a post to the Linux kernel mailing list Torvalds pointed out, 'The Linux kernel is under the GPL version 2. Not anything else. Some individual files are licensable under v3, but not the kernel in general.' He then stated, 'I think it's insane to require people to make their private signing keys available...I wouldn't do it. So I don't think the GPL v3 conversion is going to happen for the kernel, since I personally don't want to convert any of my code.' And of course, without Torvalds' agreement, the migration of the Linux kernel to GPL3 is not going to happen.

Without Linux on board, GPL3 faces serious problems in gaining widespread acceptance, even if, as Torvalds says, certain parts may come under the auspices of the new version. It would also be a major setback to the Free Software Foundation and Richard Stallman, the original author of the GPL who wrote the new version.

Of course GPL 3 is still only in draft form and doubtless there will be serious negotiations between the Stallman and Torvalds camps to come to an agreement that will both discourage the use of DRM with Open Source code while not outlawing it completely.

The final release of GPL version 3 is due in the spring of 2007.