An Appeals Court May Kill a GNU GPL Software License

The Ninth Circuit Court of Appeals is set to review a California district court's ruling in Neo4j v. PureThink, which upheld Neo4j's right to modify the GNU AGPLv3 with additional binding terms. If the appellate court affirms this decision, it could set a precedent allowing licensors to impose unremovable restrictions on open-source software, potentially undermining the enforceability of GPL-based licenses and threatening the integrity of the open-source ecosystem. The Register reports: The GNU AGPLv3 is a free and open source software (FOSS) license largely based on the GNU GPLv3, both of which are published by the Free Software Foundation (FSF). Neo4j provided database software under the AGPLv3, then tweaked the license, leading to legal battles over forks of the software. The AGPLv3 includes language that says any added restrictions or requirements are removable, meaning someone could just file off Neo4j's changes to the usage and distribution license, reverting it back to the standard AGPLv3, which the biz has argued and successfully fought against in that California district court.

Now the matter, the validity of that modified FOSS license, is before an appeals court in the USA. "I don't think the community realizes that if the Ninth Circuit upholds the lower court's ruling, it won't just kill GPLv3," PureThink's John Mark Suhy told The Register. "It will create a dangerous legal precedent that could be used to undermine all open-source licenses, allowing licensors to impose unexpected restrictions and fundamentally eroding the trust that makes open source possible."

Perhaps equally concerning is the fact that Suhy, founder and CTO of PureThink and iGov (the two firms sued by Neo4j), and presently CTO of IT consultancy Greystones Group, is defending GPL licenses on his own, pro se, without the help of the FSF, founded by Richard Stallman, creator of the GNU General Public License. "I'm actually doing everything pro se because I used up all my savings to fight it in the lower court," said Suhy. "I'm surprised the Free Software Foundation didn't care too much about it. They always had an excuse about not having the money for it. Luckily the Software Freedom Conservancy came in and helped out there."