In a posting to the kernel mailing list, Torvald, in his characteristic simple style, outlined why he prefers the GPLv2 - and also why he thinks the draft GPLv3 is in some ways a backward step.
The posting was originally made to the Groklaw website which deals with legal issues concerning free and open source software.
According to Torvalds, the GPLv2 is preferable because it concerns itself with the simple issue of tit for tat. "The GPLv2 covers the only thing that really matters, and the only thing that everybody can agree on ("tit-for-tat" is really something everybody understands, and sees the same way - it's totally independent of any moral judgement and any philosophical, cultural or economic background)," he wrote.
"The thing is, exactly because the GPLv2 is not talking about the details, but instead talks entirely about just a very simple issue, people can get together around it. You don't have to believe in the FSF or the tooth fairy to see the point of the GPLv2. It doesn't matter if you're black or white, commercial or non-commercial, man or woman, an individual or a corporation - you understand tit-or-tat."
Pointing out that the original Linux licence had said in effect "give all source back and never charge any money", Torvalds said he had switched the licence to GPLv2 because it was fair. "In other words, my original license (sic) very much had a 'fear and loathing' component to it. It was exactly that "never charge any money" part. But I realized (sic) that in the end, it was never really about the money, and that what I really looked for in a license was the "fairness" thing."
The Free Software Foundation is looking to switch to the GPLv3 by March next year at the latest. The changes are being made because there are loopholes in GPLv2 which people are getting around.
To quote a posting by Pamela Jones, who runs the Gorklaw website: "GPLv2 is not compatible with the Apache license (sic). It doesn't cover Bitstream. It is ambiguous about web downloads. It allows Tivo to forbid modification. It has no patent protection clause. It isn't internationally useful everywhere, due to not matching the terms of art used elsewhere. It has no DMCA workaround or solution. It is silent about DRM."
But these concerns do not bother Torvalds who has always looked at his baby as an engineering project, one which aims to build good software. But like many great minds, he has a very direct and simple way of looking at things too.
And as the days tick away to March 2007, the chances are increasing that when GPLv3 is released, there will be a very real split between the free and open source software movements. There have always been differences but never as marked as they will be. Expect Richard Stallman to respond to Torvalds statements soon.
