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Patents and Open Source Software: New Issues Raised in the GNU General Public License v3.0

By Paul A. Ragusa and Edward R. Tempesta
January 31, 2008

Although procuring patent protection directed to computer software is now common, various groups have continued to be critical of software patents and look for ways to restrict or curtail their use. One such group of critics may be loosely referred to as the 'Open Source Software' movement. At the center of the Open Source Software movement is the Free Software Foundation ('FSF'), founded and led by Richard Stallman, a computer programmer. The FSF is a sponsor of the GNU General Public License ('GPL'), a popular Open Source Software license. Version 3.0 of the GPL, published on June 29, 2007, contains several new provisions regarding patents prompted by a recent agreement between Microsoft and Novell.

Overview of Open Source Software

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