07.05.07

Gemini version available ♊︎

GPLv3 Cluebat Hits Microsoft, Which Has Just Entered the ”Denial” Stage of Its Agony (Updated)

Posted in FSF, GNU/Linux, GPL, Linspire, Microsoft, Novell, Xandros at 11:36 pm by Dr. Roy Schestowitz

Remember those famous stages of agony? Well, Microsoft shows us what they are all about. Here is the latest news:

Microsoft Says It Is Not Bound by GPLv3

Microsoft cleared the air July 5 on its obligations to GNU General Public License Version 3 support, declaring it will not provide support or updates for GPLv3 under the deal it penned in November with Novell to administer certificates for the Linux distribution.

Who didn’t see that coming? Microsoft has expressed anger and frustration whenever GPLv3 was mentioned and whilst it evolved towards completion. Some said this might even lead them to the courtroom. Their failing plan is now facing a real roadblock. Those plotting to ‘kill’ Linux (or change the way it is distributed using ‘innovation tax’) face the realisation that more projects will gradually upgrade their license and leave Microsoft’s partners well behind. Thus, Microsoft’s Linux is becoming very undesirable, even stranded.

As I very recently stated, a lot of people fell victim to ‘placements’ in the media and they now associate GPLv3 (or even GPL) with something very negative. It is important that people check who writes about the GPL and what hidden interests/affiliations are involved. As Richard Stallman put it quite recently:

They [people who spread GPLv3 FUD] usually disagree cause they disagree with the GPL’s goal of guaranteeing freedom for every user. Defend the users’ freedom, don’t listen to them… We have to defend the users’ freedom against these threats.

In a series of short articles (here is one on devices), Bruce Perens has been trying to bust GPLv3 myths, but this probably hasn’t reached a wide enough audience. GPLv3 sabotages Microsoft’s plans to hurt Linux. The latest developments demonstrate this very well. They are in agony.

Update: here is the full statement from Microsoft:

“Microsoft is not a party to the GPLv3 license and none of its actions are to be misinterpreted as accepting status as a contracting party of GPLv3 or assuming any legal obligations under such license.

While there have been some claims that Microsoft’s distribution of certificates for Novell support services, under our interoperability collaboration with Novell, constitutes acceptance of the GPLv3 license, we do not believe that such claims have a valid legal basis under contract, intellectual property, or any other law. In fact, we do not believe that Microsoft needs a license under GPL to carry out any aspect of its collaboration with Novell, including its distribution of support certificates, even if Novell chooses to distribute GPLv3 code in the future. Furthermore, Microsoft does not grant any implied or express patent rights under or as a result of GPLv3, and GPLv3 licensors have no authority to represent or bind Microsoft in any way.

At this point in time, in order to avoid any doubt or legal debate on this issue, Microsoft has decided that the Novell support certificates that we distribute to customers will not entitle the recipient to receive from Novell, or any other party, any subscription for support and updates relating to any code licensed under GPLv3. We will closely study the situation and decide whether to expand the scope of the certificates in the future.

As always, Microsoft remains committed to working with the open source software community to help improve interoperability for customers working in mixed source environments and deliver IP assurance. Our partnerships with Novell and other Linux platform and desktop providers remain strong and the IP bridge we built with them, embodied in our collaboration agreements, remains intact. In particular, our technical and business collaboration with Novell continues to move full steam ahead, including our joint development work on virtualization, standards-based systems management, identity interoperability and document format translators. In addition, the patent covenants offered by Microsoft and Novell to each other’s customers are unchanged, and will continue to apply in the same way they did previously.”

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

4 Comments

  1. shane coyle said,

    July 6, 2007 at 4:53 am

    Gravatar

    Not shocking, really, I never thought Novell et al were going to touch anything under V3 that is affected by their exclusionary patent deals, or should I say I never thought MS would allow them to.

    However, MS taking so much time to deny being bound by V3 sounds like an implicit admission that they are bound by V2, which provides us all a bit of protection at least.

    Where’s my damn source code?

  2. Roy Schestowitz said,

    July 6, 2007 at 5:12 am

    Gravatar

    I’ve collected a couple of interesting short pieces that say more about this predictable development.

    MS: Dancing as fast as it can to try to get away from GPLv3

    ant to laugh? Microsoft Says It Is Not Bound by GPLv3″ — they think they can so declare, like an emperor, and it becomes fiat. It’s not so easy. I gather Microsoft’s lawyers have begun to discern the GPL pickle they are in.

    Microsoft Issues Statement Concerning the GPLv3 and Novell Agreement

    Well, I’ve already included it verbatim in the update above. There’s also this one:

    Commentary: Some Linux Vendors Dance with the Archfiend, Microsoft

    What is the future remedy for the open source community? Its called the GNU General Public License version 3. The GPLv3 has specific clauses to prevent the surrender of open source code to third parties who use discriminatory patent licenses, such as the recent Novell/Microsoft agreement. However, the GPLv3 is not retroactive. The developer has to move his or her code to GPLv3 and all previous versions remain licensed under whatever license that version of code happened to use. The GPLv3 already has an effect on Microsoft. Just yesterday, Microsoft said they will not distribute any Novell certificates that contain GPLv3 code.

    In short, Microsoft is not happy. The FSF has the upper hand. On the face of it, Apache sort of shows its support for GPLv3, but that’s worth a separate post. It’s just another example of the growing list of GPLv3 supporters.

  3. John Drinkwater said,

    July 6, 2007 at 5:35 am

    Gravatar

    The best line imho from the statement “Furthermore, Microsoft does not grant any implied or express patent rights under or as a result of GPLv3″

    Are they saying here, that if any part of their SuSE voucher distribution is covered by GPLv3, then their statement applies, and they aren’t granting patent rights? That violates GPLv3 certainly…

  4. Roy Schestowitz said,

    July 6, 2007 at 6:41 am

    Gravatar

    John, look what Groklaw says. :-)

    http://www.groklaw.net/article.php?story=20070705205728953

    “Microsoft Says It Is Not Bound by GPLv3 — they think they can so declare, like an emperor, and it becomes fiat.”

DecorWhat Else is New


  1. Links 16/1/2022: Latte Dock 0.11 and librest 0.9.0

    Links for the day



  2. The Corporate Cabal (and Spy Agencies-Enabled Monopolies) Engages in Raiding of the Free Software Community and Hacker Culture

    In an overt attack on the people who actually did all the work — the geeks who built excellent software to be gradually privatised through the Linux Foundation (a sort of price-fixing and openwashing cartel for shared interests of proprietary software firms) — is receiving more widespread condemnation; even the OSI has been bribed to become a part-time Microsoft outsourcer as organisations are easier to corrupt than communities



  3. EPO's Web Site Constantly Spammed by Lies About Privacy While EPO Breaks the Law and Outsources Data to the United States

    The António Campinos-led EPO works for imperialism, it not only protects the rich; sadly, António’s father isn’t alive anymore and surely he would blast his son for doing what he does to progress his career while lying to staff and European citizens



  4. Links 16/1/2022: Tsunami and Patents

    Links for the day



  5. IRC Proceedings: Saturday, January 15, 2022

    IRC logs for Saturday, January 15, 2022



  6. Links 16/1/2022: Year of the GNU/Linux Desktop and Catch-up With Patent Misinformation

    Links for the day



  7. Patrick Breyer, Unlike Most German Politicians, Highlights the Fact That Unified Patent Court (UPC) and Unitary Patent Are Incompatible With EU Law

    A longtime critic of EPO abuses (under both Benoît Battistelli and António Campinos leadership), as well as a vocal critic of software patents, steps in to point out the very obvious



  8. Links 15/1/2022: Flameshot 11.0 and Libvirt 8.0

    Links for the day



  9. Blogging and Microblogging in Geminispace With Gemini Protocol

    Writing one’s thoughts and other things in Geminispace — even without setting up a Gemini server — is totally possible; gateways and services do exist for this purpose



  10. Links 15/1/2022: Raspberry Pi in Business

    Links for the day



  11. IRC Proceedings: Friday, January 14, 2022

    IRC logs for Friday, January 14, 2022



  12. Gemini Clients: Comparing Moonlander, Telescope, Amfora, Kristall, and Lagrange (Newer and Older)

    There are many independent implementations of clients (similar to Web browsers) that deal with Gemini protocol and today we compare them visually, using Techrights as a test case/capsule



  13. 2022 Starts With Censorship of Christmas and Other Greetings at the EPO

    The nihilists who run the EPO want a monopoly on holiday greetings; to make matters worse, they’re censoring staff representatives in their intranet whilst inconsistently applying said policies



  14. Links 14/1/2022: FFmpeg 5.0 and Wine 7.0 RC6

    Links for the day



  15. White House Asking Proprietary Software Companies That Add NSA Back Doors About Their Views on 'Open Source' Security

    The US government wants us to think that in order to tackle security issues we need to reach out to the collective 'wisdom' of the very culprits who created the security mess in the first place (even by intention, for imperialistic objectives)



  16. Links 14/1/2022: EasyOS 3.2.1 and Qt 6.3 Alpha

    Links for the day



  17. Scientific Excellence and the Debian Social Contract

    The Debian Project turns 30 next year; in spite of it being so ubiquitous (most of the important distros of GNU/Linux are based on Debian) it is suffering growing pains and some of that boils down to corporate cash and toxic, deeply divisive politics



  18. Links 14/1/2022: openSUSE Leap 15.2 EoL, VFX Designers Are Using GNU/Linux

    Links for the day



  19. IRC Proceedings: Thursday, January 13, 2022

    IRC logs for Thursday, January 13, 2022



  20. 2022 Commences With Microsoft-Themed (and Microsoft-Connected) FUD Against GNU/Linux

    A psychopathic Microsoft, aided by operatives inside the mainstream and so-called 'tech' media, keeps spreading old and invalid stigma about "Linux" and Free software; few people still bother responding to these fact-free FUD campaigns, which boil down to ‘perception management’ PR/propaganda



  21. Between January 2021 and January 2022 the Number of Active Gemini Capsules Nearly Quadrupled Based on Publicly-Available Catalogue of Capsules

    Geminispace has grown to about 2,000 known capsules and 1,600 of them are active, permanently online, fully accessible; in January last year these numbers were about 4 times smaller



  22. Links 13/1/2022: NetworkManager 1.34 and Everett 3.0.0

    Links for the day



  23. Links 13/1/2022: Sparky 5.16, Fwupd 1.7.4, and KDE Plasma 5.24 Beta Released

    Links for the day



  24. Call a Spade a Spade (Microsoft 'Contributions' to Linux)

    Call a spade a spade; Microsoft does not love Linux and doesn’t try to help Linux, as it’s still all about Windows and proprietary software with surveillance, back doors, and worse things



  25. No Excuses for Using GitHub Anymore

    Software developers become living witnesses to more and more reasons to abandon Microsoft for good



  26. Links 13/1/2022: Slackware Linux 15.0 RC3 and More Microsoft Aggression Against Linux

    Links for the day



  27. IRC Proceedings: Wednesday, January 12, 2022

    IRC logs for Wednesday, January 12, 2022



  28. Links 12/1/2022: IPython 8.0, Iranian Attacks on Microsoft Windows

    Links for the day



  29. Non-Fungible Membership in OSI

    The OSI tells us that it got over a thousand members, but that boils down to just people clicking a URL or a button



  30. Computing Security is Being Redefined as 'Controlled by NSA' (and Microsoft)

    The ascent of fake security or the concept that outsourcing trust to Pentagon-connected monopolies is the same as "security" is a real problem because the mindset creeps into new legislation, in effect cementing monopolies and centralisation


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts