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Moglen ascends to "life after GPLv3"
Apr. 25, 2007

While not as familiar a name in open source circles as Linus Torvalds or Richard M. Stallman, for those in the know, Eben Moglen ranks near them in his importance to the free software movement.


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Now, the Columbia University professor of law, general counsel for the FSF (Free Software Foundation), and one of the main authors of the GPLv3, is leaving the FSF and the GPLv3 behind.

In a blog entry entitled "And Now ... Life After GPLv3," Moglen wrote that for him and for his "colleague Richard Fontana, after months of living and breathing GPLv3, the weather's beginning to change."

Moglen continued: "The release of Discussion Draft 3 has been greeted as warmly as I dared hope" and while "I thought, and continue to think, that it would serve beautifully as the final GPLv3. I agree with RMS [Richard Stallman] that it was very important to add another cycle of public discussion, and I'm sure the Free Software Foundation will be making some changes based on that discussion, as it has in response to comments all along.

"But I think the big issues have been correctly addressed, and that the detail work -- which as lawyers we have to take more seriously than everyone else -- is ready for the pressure of reality."

Therefore, Moglen said it is time to start thinking "about life after GPLv3."

Now, Moglen is well aware that, "Making the license is just the first phase," but he is sure that the GPLv3 will prove more popular with open source developers than some critics have believed. He is certain that after the final version comes out sometime this summer its critics will be surprised by the "interesting and high-profile projects or products change licenses to adopt GPLv3, or dual license under it."

Sun and MySQL are on record as considering the GPLv3 for at least of some of their licensing. The Samba Group has already declared that it will be adopting the new open source license.

"But this long drafting project, which has displaced most of the rest of my professional life (and, it sometimes seems, all of my personal life as well) is winding down at last. Which means it's time to return to some of what I've missed. Writing and teaching, for example."

Moglen will be returning to teaching at Columbia and spending "remaining spare time and effort on the affairs of the Software Freedom Law Center."

Besides stepping away from working on the last details of the GPLv3, Moglen said, "it's time for me to leave the board of directors of the Free Software Foundation, where I've been since 2000."

Moglen added that "leaving is always hard, but there couldn't be a more appropriate or less disruptive time."

Looking ahead, he will continue his work on open source and the law, but he'll be doing it at the SFLC (Software Freedom Law Center). There, he'll be working on "refining organizational structures, innovating strategies for setting up 'project conservancies' -- a new type of shared container for multiple free software projects -- which gives those projects administrative and legal advantages with minimal overhead."

Moglen will still have some involvement with the FSF and the GPLv3, though. As Daniel B. Ravicher, the executive director of the Public Patent Foundation, points out, the SFLC "will still provide legal representation to FSF, including with respect to GPLv3, just as SFLC legally represents dozens of other free software projects."

"The main difference is that it will no longer be correct to say Eben is part of FSF, is GC of FSF, or is a director of FSF. Rather, it will be correct to say that FSF is a client of SFLC, a nonprofit law firm directed by Eben," added Ravicher.


-- Steven J. Vaughan-Nichols



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