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Re: [News] Good Reading: Microsoft Has Hijacked "Open Source" Through OSI, ISO, EU

____/ Mark Kent on Saturday 03 November 2007 12:08 : \____

> Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx> espoused:
>> Is Microsoft Hijacking Open Source?
>> 
> 
> <snip>
> 
>> For example, in the pledge quoted above,
>>| an open source project is ?not commercially distributed by its
>>| participants? - and this is a distinction also made by Kroes and her FAQ.
>>| 
> 
> The GPL and the FSF are *very* clear about what the GPL is for, and what
> the "freedoms" are.
> 
> Someone needs to start educating Neelie Kroes about this, as Microsoft
> are in the processing of finessing her defeat of Microsoft into a total
> Microsoft victory against open-source, therefore, against European
> software development.
> 
> Again, Microsoft's lunch-budget surely has a large impact on this.

Sweaty Predatory Ballmer had a brew with Neelie. Neelie's adviser's were not
around. That's when the agreement was made. Days ago:

Why Brussels is Abuzz with Lobbyists

,----[ Quote
| As the EU sets more rules, corporations are building their presence and 
| paying for clout 
`----

http://www.businessweek.com/globalbiz/content/oct2007/gb20071018_193716.htm?campaign_id=yhoo

Also days ago:

E.U. de facto endorses Microsoft's (claims of) Software Patents!

,----[ Quote ]
| Without explicitly saying that Microsoft does hold software patents 
| applicable in the E.U., by allowing (the raison d'être of) and accepting the 
| one-off payment of EUR 10,000 "to be paid by companies that dispute the 
| validity or relevance of Microsoft's patents", the European Commission 
| implicitly endorses Microsoft's claims of having the "interoperability 
| information" covered by software patents!     
| 
| UNBELIEVABLE.
`----

http://beranger.org/index.php?page=diary&2007/10/30/15/13/02-e-u-de-facto-endorses-microsoft-

He curses Kroes at the end. I don't want to quote it, but have a look.

I'll write an article about this soon. Jeremy Allison agreed to contribute.

Related:

Is Microsoft’s Europe agreement a big deal?

,----[ Quote ]
| If open source developers find greater protection for their work and its 
| results in Europe than in America that’s where they will gravitate. That’s 
| the kind of regime the EU is trying to create. We ignore that and dismiss 
| that at our peril.   
`----

http://blogs.zdnet.com/open-source/?p=1584


Half A Loaf

,----[ Quote ]
| Yes, open source will have access to the interoperability information 
| on "reasonable" terms (ask independent open source developers how many can 
| afford to cough up the $15,000 such access will cost), but nothing in this 
| statement indicates the Commission has overcome Microsoft's "refusa[al] to  
| make the [patent] licence compatible with the open source business model." In 
| fact, we can expect that nothing about that patent license will be compatible 
| with the most widely used open source license, the GNU General Public 
| License.      
`----

http://walkingwithelephants.blogspot.com/2007/10/half-loaf.html


EU tells open source to start paying MS patent tax

,----[ Quote ]
| EU Commissioner Kroes' deal with Microsoft creates real dangers to Europe's 
| growing open source economy, warns the FFII. Using patent licenses that 
| exclude businesses, the software monopolist has turned the EU competition 
| ruling into a victory, and now gets implicit support from the Commission to 
| proceed aggressively against its competitors.    
`----

http://press.ffii.org/Press_releases/EU_tells_open_source_to_start_paying_MS_patent_tax


Late night baseball games, Microsoft concessions evoke big yawns at open source
water cooler

,----[ Quote ]
| It will benefit purveyors of proprietary software but not open source 
| developers, agreed Michael Goulde, analyst of open source strategy at 
| Forrester Research, Cambridge, Mass. “Some open source developers believe 
| that Microsoft should make its protocols available for use royalty free. In 
| some cases, there are open source license restrictions that make it not 
| possible for the software to include Microsoft licensed code – because you 
| can’t downstream the license. So, unless Microsoft goes way beyond what it 
| has agreed with the EU to do, only a subset of open source developers will 
| have much interest. They’ll continue reverse engineering Microsoft protocols 
| and doing the best they can."         
`----

http://blogs.zdnet.com/open-source/?p=1582


Let's Make a Deal - The MS-EU Settlement

,----[ Quote ]
| The patent part is terrible. Worse than terrible. They are not blocked from 
| offering patent deals, only constrained as to how much to charge for a 
| license, which is not and never was the issue. So they'll beef up those 
| initiatives, I'm sure. However, the good part is that they were compelled to 
| separate the patent license offer out and make it optional. Thanks, but no 
| thanks.     
| 
| [...]
| 
| I'm guessing Microsoft lawyers are high fiving each other, having snatched an 
| important victory from utter and total defeat. The rest is excellent, of 
| course, and in no way do I mean to detract from the hard work and persistence 
| that the EU Commission has shown. However, I don't think they understand how 
| seriously broken the US patent system is currently, and how easy it is to  
| abuse it, or they don't feel it's their job to fix the US problems, or how 
| central patents are to Microsoft's current strategy against FOSS.     
`----

http://www.groklaw.net/article.php?story=20071022114731199


-- 
                ~~ Best of wishes

Within reason, consider Free software. The best things in life are also free.
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