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Version 3 of the GNU General Public License: Major Changes for Open Source Software Licensing

By William I. Schwartz, Paul E. Jahn and Aaron P. Rubin
November 29, 2007

The Free Software Foundation ('FSF') this summer published the final, official new version of the GNU General Public License, GPLv3. The new version is the result of extensive public comment and heated debate, and could have far-reaching effects on the use of open source software. GPLv3 is the successor to GPL version 2 (GPLv2), first published in 1991, used extensively today, and among the most popular open source licenses available.

GPLv3's key changes include:

  • A new approach to patents, including an explicit patent license and a patent non-assertion clause,
  • A new requirement that companies conveying GPL-covered code in 'user products' provide the information necessary to install modified versions on those products (a.k.a. 'anti-tivoization'),
  • A new approach to digital rights management ('DRM'), including an express waiver of anti-circumvention rights, and
  • New language implementing the GPL's 'viral effect,' affecting when it applies and what is required.

New Terms for Patents

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