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Q. When is a program not a program? A. When it is all the works ever licensed under GPLv3. Via the Software Freedom Law Center comes news that the Free Software Foundation has published a document clarifying its position on patent litigation related to the GPLv3 - specifically what constitutes a program under the GPLv3 for the purposes of patent infringement claims.
In version 3 of the GNU General Public License (GPLv3), the term "the Program" means one particular work that is licensed under GPLv3 and is received by a particular licensee from an upstream licensor or distributor. The Program is the particular work of software that you received in a given instance of GPLv3 licensing, as you received it.
"The Program" cannot mean "all the works ever licensed under GPLv3"; that interpretation makes no sense, because "the Program" is singular: those many different programs do not constitute one program.
In particular, this applies to the clause in section 10, paragraph 3 of GPLv3 which states
Alan Cox talks about cooperation with hardware vendors, patent law, microkernels, and GPLv3: "I think [the MS-Novell deal] is a bad idea and that Novell are going to get stung by the GPLv3, and rightfully so. The license is designed to keep the software free, if it fails to do this then it needs fixing, so GPLv3 hopefully will fix this flaw."
You've probably been wondering why I've been quiet, when there is news about a patent settlement between Red Hat and Firestar and DataTern in the JBoss litigation. It's because I wanted to be positive I was correct that this is the first known settlement involving patents that is harmonious with GPLv3. It is.
