EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

11.29.07

A Quick Look at Mono Licensing and Microsoft Licensing

Posted in GNOME, GNU/Linux, Microsoft, Mono, Novell, Patents at 3:02 pm by Dr. Roy Schestowitz

Thanks to a couple of readers, who gave up a quick headsup on this issue, we believe that interesting new information is now available.

Curious bits about Mono licensing can be spotted in the Mono project Web site:

Why does Novell require a copyright assignment?

When a developer contributes code to the C# compiler or the Mono runtime engine, we require that the author grants Novell the right to relicense his/her contribution under other licensing terms.

This allows Novell to re-distribute the Mono source code to parties that might not want to use the GPL or LGPL versions of the code.

Particularly embedded system vendors obtain grants to the Mono runtime engine and modify it for their own purposes without having to release those changes back.

Patents

Could patents be used to completely disable Mono?

When .NET went Shared Source Miguel de Icaza talked about what it all meant. Looking at the Microsoft Reference License you find some very brow-raising phrases discussing software patents. Examples include:

(B) If you begin patent litigation against the Licensor over patents that you think may apply to the software (including a cross-claim or counterclaim in a lawsuit), your license to the software ends automatically.

IANAL, but nonetheless there’s something to watch out for here. We wrote about this before.

Another thing you may find suspicious is related to Novell’s copyright assignment, as mentioned above. From GNOME’s Web site, in the Evolution download page (at the bottom of the page): “Copyright © 2004-2007 Novell Inc.”

Remember that only weeks ago, Miguel de Icaza began speaking about Mono extensions for Evolution. Whatever you make out of this, all we do here is provide information.

From a discussion in Digg.com (initiated by accusations against the messenger)

Well, I actually question some of the newer parts of GNOME as well, like MONO.
They are truly constructing something that legitimizes the case for intellectual property infringement.

When some judge actually decides MONO is too much of a clone for a technilogical tool (this does not concern double-click style patents but true technology patents), the FUD due to that might back fire to all linux technology including those that are original.

If I were Microsoft i would be very happy with MONO. The trojan horse of the linux eco-system. Those actively promoting it on microsoft-sponsored-payroll (such as Novell), should have their loyalty questioned.

Richard Stallman actually wrote about this yesterday and even cited this Web site.


- ——– Original Message ——–
Subject: GNOME dependent on Mono
Date: Wed, 28 Nov 2007 20:03:38 -0500
From: Richard Stallman rms [at] gnu.org
Reply-To: rms [at] gnu.org
To: foundation-list [at] gnome.org

I read http://boycottnovell.com/2007/11/05/gnome-mono-yelp/ with
great concern.

Since I am not an expert, I cannot tell on my own if that description
of the situation is accurate. If part of it is not accurate, I hope
someone will explain. However, if it is accurate, GNOME has a serious
problem.

I have always supported the development of free platforms for C#, just
as I’ve supported the development of free platforms for any language
that users use. I also wouldn’t argue that people should not use C#
with a free platform for secondary applications.

However, making GNOME depend on Mono is running a grave risk, and a
grave mistake. If the article accurately describes the situation, I
think we need to launch a high-priority project to reimplement Yelp in
some other language.

The use of code from Firefox in a way that might cause trademark
problems is also a serious issue. The solution might not be difficult
- — it may be enough to remove the trademark in the sources used by
GNOME wherever that is necessary — but the solution does need to be
carried out.

The nontechnical impact of these issues vastly exceeds the technical
impact, so considering them only in technical terms is fundamentally
misguided. In this sort of decision, the Foundation should intervene
and decide based on the nontechnical issues at stake. If those who
work for Novell tell us not to worry, we should not listen to them.


Given all the information which is presented here, how can one’s doubts be alleviated?

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

3 Comments

  1. werner said,

    November 30, 2007 at 9:32 am

    Gravatar

    I think: a) All this is not bad , but b) everybody should know it

    We should not be worried about any kind of COMERCIAL INTERESTS w.r.t. open software. Let the wolfs eat them each another.

    But we should know this, and stay far from any comercial or ‘property’ things in open source.

    It’s almost normal but OK that anybody who dance with the devil and use, directly or indirectly, any privat, no-open aplication, earlier or later is enrolled with any ‘patent rights’, ‘license terms’ or things like this.

    Thus, one simply should not participate to such privat or half-privat things, nor use them.

    It should also be observed, that patent rights – in opposite to copyrights – apply only to comercial concurrents. They are irrelevant for end-users. At least under european legislations, you can USE them as you want. Already because of this, is irrelevant the FUD by M$. In the worst case, they could process only sellers, but not users.

    The next thing is, that other states have the right of autonomy in their public administration and in the realisation of human rights (f.ex., ensign, social integration). They have even the right to declare the informatics, and the own development and divulgation of software for their administration, ensign etc as a public service and souvereignity function – in a few constitutions this is even the case – and divulge it (f.ex., give such open software to poor persons to realize the UNO’s resolution’s warrant to ensign, participation on the modernity, etc) This is not limited by patent rights of others. Not only because these are exclusively comercial rights, unaplicavel to no-comercial distribution, but because the economic rights always are submitted under higher rights, inclusive the government has the souvereignity to determine social function of economy etc. Now, the FUD by M$, when ‘advising not to use open source’ other country/people and their public service’s autonomy, human rights, is not only a right or even need for these countries to check / cancel their adherence to international patent / economic agreements; it can be a crime against public administration and souvereignity of other countries – especially when this ‘advices’ lead to fears or abstence the poor people or the officials use open software for realize their fundamental rights/ensign or public/administrative functions, resp. I think there is nothing to ‘give gratuitly’ to M$ and companions, so that is time that other counties open criminal processes against such ‘advises’.

  2. Uncle Warthog said,

    November 30, 2007 at 6:15 pm

    Gravatar

    Regarding Novell’s Mono copyright assignment terms: It strikes me as funny that they would expect anyone to contribute to Mono under those conditions considering that it is, by and large, this issue which is causing them to fork OpenOffice. Seems to me like Novell wants to have it both ways.

  3. Roy Schestowitz said,

    November 30, 2007 at 8:29 pm

    Gravatar

    On Groklaw, see OpenSuse developers pledge (at the bottom part of the article).

What Else is New


  1. Battistelli's 'Special Relationship' With Portugal and the 'Inventor of the Year' Charade

    What makes Portugal rather unique when it comes to Mr. Battistelli, who is allegedly desperate for support from smaller countries whose vote is easier to 'win'



  2. Patent Lawyers' Marketing Dominates and Marginalises Meaningful Analyses of Software Patenting in the US

    In an effort to create demand for software patents again, patent lawyers produce a huge heap of so-called 'analyses' which piggyback just one single decision (the exception, not the norm)



  3. A Mix of Patent Aggression and Sanctions/Raids (Using Controversial Patents) Against East Asian Companies

    New stories that demonstrate patent protectionism and show how Western industry, which barely makes anything anymore, relies on patents (software and design patents included) and this self-serving patent regime perpetuates itself even in Asia, where almost everything is actually being manufactured (and often/increasingly designed/developed too)



  4. Rumour: Battistelli Wants to Extend the Term of Topić's EPO Appointment in Spite of Criminal Charges Against Him

    The EPO's 'ringleader', Mr. Battistelli, is trying to keep his confidants (like Mr. Minnoye and Željko Topić) together for several more years to come, even defying rules regarding retirement age



  5. Links 29/5/2016: NetBSD 7.0.1, Genode OS 16.05

    Links for the day



  6. [ES] La Gerencia de la EPO Bajo Creciénte Estres por las Autoridades Legales Croatas, Políticas Alemanas, y los Medios Italianos

    Las cosas no son color rosa como la calma relativa sugiere, y esperamos en las próximas semanas mayores eventos otros que la protesta en todas las sedes de la EPO a través de Europa



  7. [ES] Los Medios de Comunicación Comienzan a Informar al Público Europeo Acercas de las Desventájas de la UPC Mientras que la EPO Acelera su Cabildeo por Ratificación

    La vergonzósa promoción de la UPC por parte de la EPO da otro paso adelánte mientras que venues de la prensa Europea (incluso canales de televisión) comienzan a explorar el arreglo secreto que es negociado por los abogados de patentes (con clientes corpórativos) y las oficinas de patentes, no el público o cualquier grupo que represente los intereses del público en general



  8. [ES] Algunos Detalles Acerca de ¿Cómo el Presidente de la EPO Es Rumoreado Estar Comprando Votos, y el Porqué es Suficientemente Base Para un Despido Inmediato?

    Algo de información tras las cortinas y una detallada explicación de la dependencia finánciera sistemática, creada por Battistelli a un costode €13 millónes o más, la cuál evita una efectiva supervisión de Battistelli



  9. Mishi Choudhary and Mike Masnick Explain Why India Should Reject Software Patents

    Both an Indian activist-lawyer and a widely-recognised author from the US explain to Indians why over-reliance on patents -- and acceptance of patents on software in particular -- is a very bad idea



  10. Microsoft Boosters Pretend Microsoft Fights for Privacy While the Company Uses Malware Tactics to Put Keyloggers on Everyone's Computers

    In spite of malware-inspired tactics that should land Microsoft in courts of law all around the world (as a defendant), Microsoft-friendly circles pretend that the company fights for people's rights like privacy -- all this when Microsoft installs keyloggers on people's PCs without their consent and obviously against their will



  11. Battistelli's Assault on EPO Staff's Right to Strike in Relation to French Politics and That 'Bicycle' Pretext for Crackdowns

    The latest bicycle 'gossip' and how it's being used, based on expectations from EPO staff, to introduce further crackdowns on human/labour rights



  12. Vice-President of the EPO Under Investigation: Treason, Abuse, Violations, Giving and Receiving Bribes

    An English translation of documents involving the Organised Crime Section of the Criminal Police Department in Zagreb, where the Vice-President of the EPO faces criminal charges



  13. EPO Management Warns People About Scams When the EPO's Management is Itself Falling for Scams

    Jesper Kongstad, the Chairman of the Administrative Council of the European Patent Organisation, helps demonstrate that not even the EPO is intelligent enough to spot an obvious scam



  14. Links 28/5/2016: Wine 1.9.11, New Gentoo

    Links for the day



  15. Links 27/5/2016: Android for Raspberry Pi, Google Beats Oracle in Court

    Links for the day



  16. Warning: EPO Surveillance May Have Just Gotten Even More Intrusive

    BlueCoat, which the EPO uses to enable oppression inside its European premises, has just gotten even nastier and staff may be at risk



  17. Victim Card Ends up in Another Blunder for Battistelli and His Six Bodyguards

    Battistelli is wrecking what's left of the EPO's reputation (after decades it took the Office to earn it) as the media continues to scrutinise his appalling regime



  18. Italian Report About EPO Now Available in English

    An English translation of a TV program which earlier this month documented some of the glaring problems at the EPO



  19. The EPO is Doing Great, Says EPO-Connected 'News' Site

    IAM 'magazine', a longtime ally of the EPO, gives people the impression that all is fine and dandy at the EPO even though that's clearly not the case



  20. Microsoft Has Killed Nokia (and Its Own Mobile Ambitions), But Watch What it Does With Patents

    Microsoft announces many more layoffs, having already caused tremendous damage to the Finnish economy, and patents are left astray for Microsoft's favourite patent trolls to pick



  21. EPO Management Under Growing Stress From Croatian Law Enforcement Authorities, German Politicians, Italian Media

    Things are not as rosy as the relative calm may suggest, and in the coming weeks we expect some major events other than the protest at all EPO sites across Europe



  22. Microsoft, a Dead Company Walking, Resorts to Malware Tactics, Now Truly Indistinguishable From Crackers

    Microsoft is essentially taking over people's PCs and installing on them a large piece of malware, complete with keyloggers, against the will of these PCs' owners



  23. Links 26/5/2016: CentOS Linux 6.8, Ansible 2.1

    Links for the day



  24. The Latest EPO Victim Card (Played by Željko Topić) Should be Treated as Seriously as Those Bogus Claims of Violence by a Judge (Updatedx3)

    In its desperate pursuit of a narrative wherein the staff of the EPO is violent and aggressive the management of the EPO, renowned for institutional aggression, finds (or claims to have found) a little tampering with a bicycle



  25. Links 25/5/2016: Nginx 1.11, F1 2015 Coming to GNU/Linux Tomorrow

    Links for the day



  26. The Media Starts Informing the European Public About the Downsides of UPC While EPO Accelerates Its Lobbying for Ratification

    The EPO's shameless UPC promotion takes another step forward as the European press outlets (even television channels) begin to explore the secret deal that's negotiated by patent lawyers (with corporate clients) and patent offices, not the public or any public interest groups



  27. Some Details About How the EPO's President is Rumoured to be 'Buying' Votes and Why It's Grounds/Basis for “Immediate Dismissal”

    Some background information and a detailed explanation of the systemic financial dependency, created by Battistelli at the cost of €13 million or more, which prevents effective oversight of Battistelli



  28. How the Patent Lawyers' Microcosm Continues to Boost Software Patents Filth by Misdirecting Readers, Relying on Highly Selective Coverage

    Under the guise of reporting/analysis/advice the community of patent lawyers is effectively lobbying to make software patents popular and widely-accepted again, based on one single case which they wish to make 'the' precedent



  29. Documents Show Zagreb Police Department in Investigation of Vice-President of the European Patent Office

    Željko Topić's troubles in Croatia, where he faces many criminal charges, may soon become an extraordinary burden for the EPO, which distances itself from it all mostly by attacking staff that 'dares' to bring up the subject



  30. [ES] Interrumpiendo la Propagánda Distractante de Battistelli: los Empleados de la EPO Protestará de Nuevo en una Quincena

    La exágerada extravagancia (desperdicio de dinero) en la Ceremonia de Premiación al Inventor Europeo de la EPO tendrá que competir por atención de los medios con miles de empleados de la EPO (en todaslas sedes de la EPO) marchándo en las calles para protestar por los abusos de la EPO


CoPilotCo

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

CoPilotCo

Recent Posts