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Microsoft Open Source Patents

Microsoft's Patent Pledge "Worse Than Useless" 140

munchola writes "The Software Freedom Law Center has declared that Microsoft's patent pledge to open source developers is 'worse than useless'. SFLC chief technology officer, Bradley Kuhn, has written to FOSS developers warning them that 'developers are no safer from Microsoft patents now than they were before'. According to Kuhn: 'The patent covenant only applies to software that you develop at home and keep for yourself; the promises don't extend to others when you distribute. You cannot pass the rights to your downstream recipients, even to the maintainers of larger projects on which your contribution is built.'"
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Microsoft's Patent Pledge "Worse Than Useless"

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  • Surprised? (Score:2, Insightful)

    by insecuritiez ( 606865 ) on Friday November 10, 2006 @04:27PM (#16798126)
    I doubt anyone here is actually surprised by this. Since when has Microsoft ever done anything truly for the good of OSS?
  • by Anonymous Coward on Friday November 10, 2006 @04:35PM (#16798232)
    Seriously...if, as CEO of a major company, Microsoft were to offer me $400 million ...I would take it. If I didn't my shareholders would lynch me.
    The long term consequences don't matter here... all that matters is that for the next couple of years, profits go up
    Welcome to corporation-think
    This has nothing to do with feel-good, Microsoft is teh EVIL, I hug bunnies world.
    A corporation exists to make money for its owners
    period
    too bad about SuSE Linux... it will be seen as a victim of collateral damage
  • Re:Enough (Score:5, Insightful)

    by 99BottlesOfBeerInMyF ( 813746 ) on Friday November 10, 2006 @04:42PM (#16798340)

    This is getting worse than Zune news. No one writing about this knows any more of the details than what was released to the press.

    I know it is not normal to RTFA, but if you did you'd see it was a press release about the license MS released with regard to their promise not to sue open source hobbyists over patent violations. It is not about the Novell deal, despite the fact that every comment thus far (except my previous one) seems to be assuming otherwise. So people do know more than was published in the press release, just not about what you seem to have thought this article was about.

  • Re:Surprised? (Score:5, Insightful)

    by thebdj ( 768618 ) on Friday November 10, 2006 @04:43PM (#16798354) Journal
    I doubt anyone here is actually surprised by this. Since when has Microsoft ever done anything truly for the good of OSS?

    They created ME and Vista. I would consider the users that left Windows because of ME or the ones who might leave because of Vista, something truly good for OSS.
  • Re:Ok... (Score:2, Insightful)

    by Headcase88 ( 828620 ) on Friday November 10, 2006 @04:51PM (#16798442) Journal
    I disagree. I enjoy reading tags that don't really help categorize the article because it's kind of like looking into the general /. consensus of the issue without diving into the comments, and they're occasionally funny as well.

    Besides, it's not like the "yes" tag could ever be used to categorize an article, so it's not really "wasting" any of the tagging system's potential, if you search for, say, "Halo" articles, the "no" tag applied to "Was Halo 2 Great?" isn't going to stop it from showing up in your search (sorry for the flamebaitish example, I know a lot of people like it). IMO Proper tags and "opinion" tags can co-exist peacefully.

    And I hope tagging is applied to the comment moderation system soon.
  • by kie ( 30381 ) on Friday November 10, 2006 @05:02PM (#16798568) Homepage Journal
    > they are taking the piss, literally

    no they are not literally taking the piss,
    they are however patenting methods and means of urine extraction.

    ignore all comments above, i should be sleeping
  • Re:No kidding (Score:4, Insightful)

    by zotz ( 3951 ) on Friday November 10, 2006 @05:57PM (#16799266) Homepage Journal
    "Remember, patent and copyright monopolies DESTROY free market capitalism. Microsoft, like most large software corporations, are absolutely terrified of a true free market in software."

    Bingo. A point I have been trying to make for what seems like ages.

    There are no free markets when it comes to goods protected by copyrights or patents. With copyleft you can perhaps get close to a free market in those goods.

    all the best,

    drew
    http://www.ourmedia.org/node/262954 [ourmedia.org]
    Sayings - Deterred Bahamian Novel
  • by dmeranda ( 120061 ) on Friday November 10, 2006 @06:20PM (#16799500) Homepage
    No. US Patent Law does not make any such distinction or exception for private home use. You can be infringing if you mass produce 100 billion copies to sell, or if you just "practice" the art in the privacy of you own home. Granted, the likelihood of any bad consequences for infringing (or even anyone finding out you're infringing) are not at all equal.

    But I think this commonly held misconception might be one reason why the general public sees nothing wrong with patents...they think it only applies if you're trying to make money off the idea or running a company, e.g., it doesn't apply to them so why care. But a patent is an absolute abridgment of freedom, and really has nothing to do with money or intent at all, nor does it have anything to do with stealing (like copyright or trade secrets) as you can unknowingly infringe even if you thought up the idea all by yourself. Of course any legal remidies, actions, rewards, etc may be based on money and scale, but not the determination if you're guilty of infringement or not.

    IANAL applies, but I have read through the US Law as best as I could understand it. If somebody more knowing than me knows something else, please be kind and point out exactly where in the law such distrinction is made because I can't find it.
  • by 7Prime ( 871679 ) on Friday November 10, 2006 @07:32PM (#16800286) Homepage Journal
    Ya know, believe it or not, the "we're just out to make money" mentality, is not one shared by all businesses in all countries of the world. There are many countries in which a business's first priority is to their employees, then their community, and only thirdly to themselves (many businesses in Japan, for instance). Unfortunately, American's have convinced themselves that the only way to survive in the business world is to forsake all ethicality... and so they've made that true. It's very sad.
  • Re:No kidding (Score:2, Insightful)

    by Emperor Cezar ( 106515 ) on Friday November 10, 2006 @08:40PM (#16800912) Journal
    Free market mean FREE. When someone says "you can't" then it's not FREE. Patent and copyright are LAWS which means they say "you can't".
    Free market isn't defined as whatever the Republican's spout. Just like Communism isn't whatever the USSR spouted.
  • by Anonymous Coward on Friday November 10, 2006 @08:53PM (#16801034)
    Microsoft has said that they're not going to enforce those patents.

    Against non-commercial coders. Which is the point - they're using the market-distorting power of patents to eliminate the more efficient competition from the COMMERCIAL open-source coders that have been mopping the floor with closed source lame ducks lately.

    On the other hand, VA Software (the owner of Slashdot) has said publically that they will aggressively prosecute people who violate their patents.

    That's a "we're better than North Korea" argument. Both companies are in the wrong, but ultimately the legal system is in the wrong.

    Maybe you

    Fuck off if you don't like it. Actually, looking at your posting history, I'd guess slashdot is the only social interaction you get; so I shouldn't even be replying to you, it'll only encourage you.

  • by petrus4 ( 213815 ) on Saturday November 11, 2006 @05:44AM (#16803738) Homepage Journal
    Instead, Microsoft has used this patent pledge to indicate that, in their view, the only good Free Software developer is an isolated, uncompensated, unimportant Free Software developer.

    This from the man who believes [omnipotent.net] that the GPL is the only FOSS license with the right to exist.

    Mr. Kuhn, you are every bit as much a part of the problem as Microsoft are themselves. In fact, you are moreso. At least Microsoft do not try and pretend to be anything other than what they are. You are not one micron less a fascist...merely from a different direction.

    You can take your warped, cultic distortion of the word "freedom," and cram it where you feel most appropriate. You and Richard Stallman are open source's answer to David Miscavige and L. Ron. Hubbard, respectively. You are the proverbial scorpion on Linux's back.

    Some who use Linux with the total inability to think for themselves may delude themselves that they need to use your brain and Stallman's in leiu of their own. I am not among such people, and I defy, reject, and repudiate both you, Stallman, and the entirely *false* freedom which the FSF stands for. You would have us reject Microsoft as our masters, only to install yourselves in their place.

    You do not speak for everyone who uses open source. You most certainly do not speak for me.
  • Re:Boycott Novell (Score:2, Insightful)

    by mabinogi ( 74033 ) on Saturday November 11, 2006 @05:44AM (#16803740) Homepage
    No, but a company doesn't need to screw everyone in sight to make money.
    There's only very few companies that can do that and get away with it, and Novell is not even close to being big enough to be one of them.

    They didn't manage to survive as long as they have by pissing off their customers.
  • by zotz ( 3951 ) on Saturday November 11, 2006 @09:09AM (#16804588) Homepage Journal
    I have something backwards?

    What exactly do I have backwards? Are you claiming that copyrights and patents create or enhance Free Market Capitalism?

    You will need to bring some serious arguments and lots of whatever to put that case across.

    Oh, and those ad hominum references to lemmings don't work too well.

    all the best,

    drew
    http://www.ourmedia.org/node/262954 [ourmedia.org]
    Sayings - Deterred Bahamian Novel

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