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Microsoft Government Software Politics Linux

Microsoft EU Decision Protects OSS Projects From Suits 186

rfc1394 writes "An article in Australia's IT News mentions that under its antitrust agreement with the European Union, 'Microsoft will publish an irrevocable pledge not to assert any patents it may have over the interoperability information against non-commercial open source software development projects.' Essentially, in addition to getting them to comply with the anti-trust decision, the EU has forced Microsoft to back off of its saber-rattling when it comes to EU open source projects. That protection in no way extends to US projects, of course."
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Microsoft EU Decision Protects OSS Projects From Suits

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  • by unity100 ( 970058 ) on Thursday October 25, 2007 @05:17PM (#21119501) Homepage Journal
    only eu bureaucrats could pull such 2 stunts in just one gig. when a bureaucracy works, it really shines.
  • Cool. (Score:3, Interesting)

    by dino2gnt ( 1072530 ) on Thursday October 25, 2007 @05:20PM (#21119543) Homepage
    So, can projects threatened by patent infringement suits now move development to the EU?
  • by adept256 ( 732470 ) on Thursday October 25, 2007 @05:26PM (#21119649)
    As an Australian, I think this whole argument goes beyond Microsoft or any other GloboCorp. We are facing a tumultuous election campaign over here. There's much venom between the parties vying for election. This issue highlights a much over-looked aspect of Australian politics; do we take our values and principles from the EU? or from south-east asia? Should Australia join the EU? or should we go down the ASEAN route?
  • Re:in no way extends (Score:1, Interesting)

    by Anonymous Coward on Thursday October 25, 2007 @05:34PM (#21119777)
    ...an irrevocable pledge not to assert any patents it may have over the interoperability information against non-commercial open source software development projects.

    This doesn't appear to cover open source projects that aren't "non-commercial." One could argue that ANY project that has one employee and takes in ANY income is commercial. Thus is any project or any distro that takes in any money "commercial?" Who decides? MS wouldn't challenge anyone in court, however, as they so dislike lawyers. ;)

    There appears to be a growing interest from MS in splitting the open source community, into volunteers and commercial interest parties. Unfortunately, it looks like they are succeeding.
  • Re:in no way extends (Score:2, Interesting)

    by Anonymous Coward on Thursday October 25, 2007 @05:38PM (#21119835)
    Did you read the settlement? It is the typical MS scheme of pretending to cave in while still protecting their vital interest, even if the vital interest, in many cases, is against a truly competitive market place. The exact thing the lawsuit was supposed to prevent in the future and apply just remedies for past non-conformation.

    They are promising to not sue "non-commercial" interests. If you look, they are orchestrating a proxy campaign against commercial open source, while senior executives such as Ballmer threaten exactly such activity - full bore FUD. Who is the latest victim of this proxy campaign? Redhat, with more to come unless they cave to MS threats to sue unless companies sign an "intellectual property agreement with them, ala Novel.

    With commercial interests a very major component of open source development, it leaves MS with the freedom to do exactly what they are planning to do. Spread FUD by threatening commercial linux companies and their enterprise clients with lawsuits unless the respect MS intellectual property which they conveniently refuse to detail.

    Same shit as the DOJ settlement, just a different pile. Until governing bodies play real hard ball with MS, they will continue to game the system with their ill gotten gains to the detriment of consumer.
  • Re:in no way extends (Score:3, Interesting)

    by BSAtHome ( 455370 ) on Thursday October 25, 2007 @05:45PM (#21119939)
    That might actually be a hard thing to "heyday" with. A FLOSS project in itself, if it is a real FLOSS project, does not generate the revenue stream but only costs. The for-profit bit is for services. This could very well be the way out for all. Being compensated for the physical copy (as per GPL) cannot be construed as for-profit. The services rendered are arguably not for the software, but the application of the software. An example would be a consultant charging for performing install-services. The consultant service cannot be misunderstood as a "for-profit project" because that would render the whole consultancy business as we know it on its head (a consultant installing Windows is not liable for the software installed if it is supplied by the contractor). All will depend on the correct split between the "non-profit project" and the "for-profit service".
  • by jesterzog ( 189797 ) on Thursday October 25, 2007 @06:11PM (#21120381) Journal

    These were also my first thoughts in reading the summary. From the article, the European Commissioner for Competition Policy says (emphasis is mine):

    "I told Microsoft that it should give legal security to programmers who help to develop open source software and confine its patent disputes to commercial software distributors and end users. Microsoft will now pledge to do so."

    Presumably all this means is that Microsoft won't be going after developers, but it may still be going after anyone who makes use of those developers' efforts. It's some good news for developers, but it's not exactly a let off the hook if you can't tell your users with any confidence that they won't be sued by Microsoft for obscure patents that wouldn't hold up in the face of anyone who could afford to defend themselves. If anything, this might give Microsoft more power to spread FUD about OSS. They're just narrowing the target, basically saying that it's okay to develop OSS, but they might not let people use it without paying up.

    Hopefully the linked article isn't representative of what the actual arrangement is. For the thing to be of any use, Microsoft really needs to be pledging that they won't enforce whatever patents they claim to have at all.

  • Re:in no way extends (Score:3, Interesting)

    by BSAtHome ( 455370 ) on Thursday October 25, 2007 @06:21PM (#21120499)
    I don't think so. I think it actually might strengthen projects and distributors. They do not charge for the FLOSS software, but for the act of copying and services rendered. So, in a sense, it is already narrowly defined and practiced. A developer who writes FLOSS code may be paid for his work. However, an employee is not in "business", but is making a living. There is a difference between a company making money and a person being paid wages.

    The problem will be for companies that use dual licensing models. There you have a catch that the company might both sell the software and distribute it as a FLOSS project. The commercial path will make them liable to pay license fees for the copies to clients. But still, the receivers of the FLOSS copy are in the clear again and may redistribute under the same FLOSS terms.
  • by gomiam ( 587421 ) on Thursday October 25, 2007 @06:36PM (#21120669)
    No. It still considers software unpatentable. Which makes me wonder how on Earth will Microsoft be able to collect that 0.4% in patent royalties from European software developers selling their software to European customers.
  • by adept256 ( 732470 ) on Thursday October 25, 2007 @06:37PM (#21120697)
    Exactly this. We are indeed in the Commonwealth of Her Majesty. And in our policies (especially immigration) we might just as well be in the EU. The right (bigots) down here seem to wish we were "EU south", when reality dictates that we must be "where to get coal and uranium" south-east asia. Australia needs to drop it's eurocentric philosophic and review it's asian relations. Especially China.
  • Re:EU membership (Score:3, Interesting)

    by Master of Transhuman ( 597628 ) on Thursday October 25, 2007 @06:39PM (#21120725) Homepage
    Turkey isn't going to form a "Caliphate" any time this century - unless the Turkish military gets taken out. The Islamic government in Turkey now is entirely different from the hardliners you see in Iran. Turkey has a history of being secular and the Turkish military intends to see that it stays that way. They nearly did a coup over the elections this time because of their concerns.

    As for Iraq, they are going to in fight a terrorist group - listed as terrorists by the US and Iraq and Iran and Syria - that are killing their soldiers. Has nothing to do with anything else going on, although it will screw up Iraq more than it is already. This incursion has the possibility of becoming a full scale war between Turkey and the Kurds. And if the US doesn't go along with it, Turkey can cut off US access to the Incirlik US Air Force base which is vital to supply routes to Iraq. Relations between the US and Turkey are considerably strained at the moment. The US has no argument against Turkey's incursion because Turkey is under attack by a terrorist group harbored across the border in Iraq and supported - or at least not condemned - by the two major Kurdish parties, who happen to be the only two allies the US has in Iraq. So the US can either attack the terrorist group, which will alienate the Kurds from the US, or do nothing, which will irritate the Turks and force them to act. A no-win scenario for the US. Which is also complicated by the fact that a second Kurdish terrorist group which targets Iran is being directly supported by the US in order to destabilize Iran. Which is why Turkey and Iran are thinking of cooperating and both attacking the Kurds, according to the latest news.

    The next problem for the US is that the two Kurdish parties intend to either establish a "federated" Kurdistan as part of Iraq with oil-rich Kirkuk as their center, or if Iraq is not partitioned, secede from Iraq and form an independent Kurdistan. That would be a disaster for Turkey, Iran and Syria as Kurdistan would then be in a position to fund and foment secessionist groups in all three countries. Turkey has said it will outright invade northern Iraq if that is allowed to occur, which would be a much wider war than the current incursion intention.

    As for oppression of the Kurds, that is correct - but not much different than Turkish oppression of the Armenians, and who knows who else. In fact, the Turks used Kurds to murder the Armenians back around WWI.

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