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[News] European Commission Finally Becomes Aware of GPL 'Poison' in Microsoft Agreement

  • Subject: [News] European Commission Finally Becomes Aware of GPL 'Poison' in Microsoft Agreement
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Sun, 28 Oct 2007 01:23:30 +0100
  • Newsgroups: comp.os.linux.advocacy
  • Organization: Netscape / schestowitz.com
  • User-agent: KNode/0.10.4
EU: Microsoft's EU patent pledge 'incompatible with Open Source'

,----[ Quote ]
| The changes mandated by the European Commission in Microsoft's 
| interoperability licences will continue to block Open Source developers, 
| legal experts on this type of software say.  
| 
| "The agreement is going to run foul of the GPL," IT news site VNUNet quotes 
| Mark Webbink, the director of the Software Freedom Law Center. The GNU 
| General Public License is one of the most used Open Source licences.  
`----

http://ec.europa.eu/idabc/en/document/7261/469

Microsoft's trick revealed.

Microsoft and open-source backers: best 'frenemies' forever?

,----[ Quote ]
| "Microsoft appears to have accepted that Linux - on servers and devices at 
| least, if not the desktop - cannot be completely stopped," said Daniel Egger, 
| CEO of consulting firm Open Source Risk Management.  
`----

http://www.techworld.com/opsys/features/index.cfm?featureID=3762&pagtype=all


Related:

Microsoft's EU patent pledge incompatible with GPL

,----[ Quote ]
| Linux vendors will be unable to license Microsoft's interoperability patents 
| under the terms that were mandated by the European Commission, open source 
| legal experts argue.  
| 
| It is claimed that the the terms are incompatible with the General Public 
| Licence (GPL), the licence that governs the Linux operating system. 
`----

http://www.vnunet.com/vnunet/news/2201856/microsoft-eu-patent-pledge


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

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