Abstract
The GNU General Public License (GPL) is the most well known open source license in the world. Version 2 of the GPL (GPLν2) is used for important software packages such as the kernel of the Linux operating system and the programming language Java. After sixteen years without an update, version 3 of the GPL (GPLν3) was released by the Free Software Foundation (FSF) on 29 June 2007. Reflecting years of international discussion, the new license is a response to what the FSF believes are the biggest threats to software development: digital rights management (DRM ) and software patents. With these substantive changes to the license come issues of whether the new version of the GPL is enforceable. Building off of scholarship on GPLv3, this article analyzes the enforceability of the DRM and patent provisions of the GPLv3.
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