Linked by Thom Holwerda on Wed 18th Jul 2007 22:09 UTC, submitted by Kishe
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.
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Member since:
2007-02-17
Correct.
The copyright violation that is occurring here is a violation by Microsoft of FSF's copyright.
The claims of copyright violation is this case would go against Microsoft.
Oh, and BTW, if Microsoft are silly enough to make patent claims against FOSS software, there is an array of patent counter-claims ready to be made against Windows.
http://www.openinventionnetwork.com/
http://www.openinventionnetwork.com/patents.php
http://www.patent-commons.org/
So if Microsoft challenged the GPL, they would end up in a positions where:
(1) they have no permissions to give out vouchers for copyrighted works, which they have been doing, and
(2) a raft of patent counterclaims would be made against Microsoft, and
(3) In discovery, Microsoft would have to show all of their code to the FOSS side, who would doubtless find a lot of FOSS code buried within Microsoft's codebase ...
This is not a winning position for Microsoft to get themselves in to. This is the "mutually assured destruction" scenario. The FOSS side could be in a position in this scenario to stop anyone in America from running Windows ...
Microsoft are far better off taking either of two alternatives:
(1) drop all "patent deals" with Linux vendors, or
(2) take the deal offerred by OIN and the Patent Commons, and cross-license each others patents, and drop all patent threats against FOSS.