By rights, copyright really shouldn’t apply to binary executables, because they are purely “functional” (not “expressive”) works. The decision to extend copyright to binaries was an economically-motivated anomaly, and that choice has some counter-intuitive and detrimental side-effects. What would things in the free software world look like if the courts had decided otherwise? For one thing, the implementation of copyleft would have to be completely different.

Hypothetical? Academic? Not if you’re a hardware developer! Because this is exactly what the law does look like for designs for physical hardware (where the product is not protected by copyright).

I assume that people who read freesoftwaremagazine.com will most likely be aware of the fact that the Free Software Foundation is working on an update to the GPL version 3. If you’re not, a number of articles and blog posts have been written on the subject. But with the Linux kernel developers stating that they oppose many of the changes, and with some people licensing software explicitly as “GPLv2” rather than “GPLv2, or any later version”, one could wonder whether the whole update effort makes any sense.

Differences

There has been a lot of hoo-hah recently regarding the pros and cons of certain aspects of the drafts of Version 3 of the GNU General Public License from the Free Software Foundation. The originator of the Linux kernel, Linus Torvalds himself, is playing a role here. Unfortunately, each side has taken to the ploy of misrepresenting the other’s points. Arguments are getting heated to such an extent that you need to wear an asbestos suit just to look at the issues. However, on examination, not only do I find that both sides have valid issues but I also believe an obvious solution exists that will make most, if not all, satisfied and the world a less flame-ridden obstacle course.

With the draft of the GNU General Public License Version 3 (GPLv3) have come many interesting comments, although not all of which I have found positive. While I understand proprietary vendors have offered complaints against a license they do not even use, I was surprised that Linus Torvalds had taken some issues which I thought were in any case misguided criticisms.

With the introduction of the GNU GPLv3, the GNU Lesser General Public License (L-GPL) has seen much less attention. This has changed with the recent GPLv3 conference in Barcelona, and I think it has changed for the better.