Subject: Re: GPLv3 draft
From: "Stephen J. Turnbull" <turnbull@sk.tsukuba.ac.jp>
Date: Fri, 07 Apr 2006 13:50:18 +0900

>>>>> "simo" == simo  <s@ssimo.org> writes:

    simo> 1st) the FSF says clearly that the GPLv3 license is NOT
    simo> GPLv2 compatible.

Hm, I expected that but didn't see it on gplv3.fsf.org; it's not in
the FAQ.  Oh, well.

I still can't find anything "clear".  In
http://gplv3.fsf.org/discussion-committees/B/Minutes/GPLv3Bconfcall_4_16mar2006/
Eben Moglen says, "no", then he says that in some practical cases
there is compatibility, which will decrease over time, using precisely
the scenario that Norbert cites.  I also found this:

    All licenses which were compatible with GPLv2 are compatible with
    GPLv3.  (http://gplv3.fsf.org/wiki/index.php/Howto)

If you have better authority than I could find, maybe you should fix
that to read something like:

    All existing licenses which were compatible with GPLv2, with the
    exception of GPLv2 itself, are compatible with GPLv3.  (This
    exception is normally not a problem, since most authors grant
    permission to use later versions of the GPL.)

    simo> 2nd) two licenses must be claim by claim compatible, not
    simo> word by word identical.

But in the case of the GPL, one of those claims is that the
distribution must take place under the "same terms".  Can you give me
a reference describing how a court would make that determination in
the absence of (nearly) identical wording?

Note that even the LGPL, whose intent is clearly to provide the same
terms as the GPL on a restricted domain of programs, has an explicit
conversion clause.

BTW, I found it interesting that several of the false positives in my
search mention the issue of the FUD-ability of GPLv3, even saying that
it would be a factor in a decision to fall back to GPLv2 rather than
release GPLv3 at this time.

-- 
Graduate School of Systems and Information Engineering   University of Tsukuba
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        Economics of Information Communication and Computation Systems
          Experimental Economics, Microeconomic Theory, Game Theory