Linked by Thom Holwerda on Wed 18th Jul 2007 22:09 UTC, submitted by Kishe
Microsoft Microsoft says software that's licensed under a new version of a popular open source license isn't covered by the patent protection deal it recently signed with desktop Linux distributor Linspire. In a posting on its Web site, Microsoft said the Linspire client software protected by the patent deal doesn't include any parts of the distribution that "comprise or include Foundry Products, Clone Products, GPLv3 Software, or Other Excluded Products." The document was published on July 5, three weeks after Microsoft struck a deal with Linspire through which Linspire's customers are indemnified against Microsoft's patent claims against Linux users.
Permalink for comment 256337
To read all comments associated with this story, please click here.
RE[5]: And so it continues...
by lemur2 on Thu 19th Jul 2007 01:30 UTC in reply to "RE[4]: And so it continues..."
lemur2
Member since:
2007-02-17

I also can see Microsoft arguing "Not only did we not agree to the terms the GPLv3 would force on us, but we can't be forced into violating the law by such an agreement being forced on us: thus, the agreement does not have any legal enforceability" and thus neatly stepping out of that with that escape clause. This is the sort of thing that in the US is explicitly stated in Landlord/Tenant laws as regards leases: nothing can be placed in a lease that would otherwise violate the laws, as that is unenforcible.


Copyright law is certainly enforcible. Very much so.

How will Microsoft argue that they do have the required permission (under copyright law) to give out vouchers for someone else's copyrighted works, while at the same time violating the clear terms of the only license for those same works?

Microsoft can do one or the other ... they can challenge the GPL license and make patent deals, or they can give out their vouchers. They cannot do both at the same time.

If Microsoft successfully challenge the validity of the GPL v3, all that would mean is that Microsoft still do not have any permissions to give out vouchers for someone else's copyrighted works.

Reply Parent Bookmark Score: 5