Wednesday, 12th August 2020

Technology industry leaders join forces to increase predictability in Open Source licensing

Red Hat, Facebook, Google and IBM commit to providing a fair cure period to correct license compliance issues for GPLv2 software.

Red Hat, Facebook, Google and IBM have announced efforts to promote additional predictability in open source licensing, by committing to extend additional rights to cure open source license compliance errors and mistakes.
The GNU General Public License (GPL) and GNU Lesser General Public License (LGPL) are among the most widely-used open source software licenses, covering, among other software, critical parts of the Linux ecosystem. When GPL version 3 (GPLv3) was released, it introduced an express termination approach that offered users opportunities to cure errors in license compliance. This termination policy in GPLv3 provided a more reasonable approach to errors and mistakes, which are often inadvertent. This approach allows for enforcement of license compliance that is consistent with community norms.
To provide greater predictability to users of open source software, Red Hat, Facebook, Google and IBM today each committed to extending the GPLv3 approach for license compliance errors to the software code that each licenses under GPLv2 and LGPLv2.1 and v2.
Common Cure Rights Commitment
The common commitment language adopted by each company is:
Before filing or continuing to prosecute any legal proceeding or claim (other than a Defensive Action) arising from termination of a Covered License, [Company] commits to extend to the person or entity (“you”) accused of violating the Covered License the following provisions regarding cure and reinstatement, taken from GPL version 3. As used here, the term ‘this License’ refers to the specific Covered License being enforced.
However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation.
Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice.
[Company] intends this Commitment to be irrevocable, and binding and enforceable against [Company] and assignees of or successors to [Company]’s copyrights.
[Company] may modify this Commitment by publishing a new edition on this page or a successor location.
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