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


Reader’s Post: The Windows Software Development Minefield, and Mono

Posted in GNU/Linux, Microsoft, Mono, Novell, Patents, Windows at 6:43 pm by Dr. Roy Schestowitz

A bad penguin -- Novell

Many people just yell at critics of Mono. But if it’s a non-issue, then not so many people would be concerned about it. Slated.org has contributed the following informative analysis, so without further ado, here it is.

What’s the worst thing a software developer has to worry about?



If you’re a FOSS developer then generally it’s none of the above, but there is one concern that both Windows and FOSS developers have in common … Intellectual “Property”:

In a new lawsuit, Microsoft asks a San Francisco court to declare
invalid several patents assigned to an online transactions company in
hopes of defending customers who have been sued by the patent holder,

WebXchange earlier this year filed lawsuits against Dell, Allstate and
FedEx in the U.S. District Court for the District of Delaware, charging
patent infringement. The suits, filed on the same day in March, say that
the companies violate WebXchange patents in some of their online
services. In the FedEx suit, for example, WebXchange alleges that FedEx
violates three of its patents in an online system that lets people send
print jobs to Kinko’s stores.

Microsoft is not mentioned in any of the three complaints. However, in
the suit that Microsoft filed against WebXchange, it says that the
charges relate to the companies’ use of Microsoft’s Visual Studio software.

How nice of Microsoft to help out their customers, eh? However, they haven’t always been quite so benevolent towards Visual Studio users and developers … but we’ll get to that in a minute.

“However, they haven’t always been quite so benevolent towards Visual Studio users and developers”Of course, FOSS developers can easily circumvent the whole “software patents” issue, by hosting outside the jurisdiction of countries corrupted by Intellectual Monopolists, however that doesn’t help the commercial users/distributors of that software, who then set themselves up as targets for litigation, or even (incredibly) raids by customs officials, as happened in Germany recently:

Quite what C&E has to do with patents, I’m not sure, since this has absolutely nothing to do with either tax or dangerous goods (unless one counts patents as “dangerous”, which now that I think about it, makes sense), but apparently Customs officers are now responsible for “policing” alleged patent violations … by shooting first and asking questions later. Furthermore, it’s not exactly clear why a branch of the government would be engaged in pursuing some private company’s civil claim, but that’s the modern world for you … as corrupted by the Intellectual Monopolists. The dastardly “crime” of Intellectual Monopoly violation is now given the same status as drugs trafficking.

Commercial FOSS users/distributors may not have a free pass to “violate” these Intellectual Monopolies (which is why distros are all rushing to provide the “Fluendo codecs”), but the ordinary users certainly do, and since most of the developers are also non-profit enthusiasts in the software patent “DMZ”, there’s plenty of choice for Free Software users (e.g. MPlayer and ffmpeg). This is helped in no small part by the fact that the whole infrastructure around FOSS development is also Free.

But what if it weren’t?

What if the compiler toolchain itself was encumbered up to the hilt with patents and licence restrictions, like say – Visual Studio.

Microsoft threatens its Most Valuable Professional

Who said you could improve our software?
By Will Watts
Posted in Software, 5th June 2007 10:25 GMT

What’s the best way to attract a pile of threatening lawyers’ letters
from Microsoft? Sell pirate copies of Windows? Write a DRM-busting program?

Londoner Jamie Cansdale has just discovered a new approach. He had the
temerity to make Redmond’s software better.

As a hobby, Cansdale developed an add-on for Microsoft Visual Studio.
TestDriven.NET allows unit test suites to be run directly from within
the Microsoft IDE. Cansdale gave away this gadget on his website, and
initially received the praises of Microsoft.

In fact, Microsoft was so pleased with him, it gave him a Most Valuable
Professionals (MVP) award, which it says it gives to “exceptional
technical community leaders from around the world who voluntarily share
their high quality, real world expertise with others”.


At one point, in a splendid example of the right hand being unaware of
who is getting the left hand’s index finger, Cansdale got a letter
presaging another MVP award only to have it hastily withdrawn the next
day (find this incident the bottom of the second page of emails.)

Finally, Microsoft lost patience, and in the last few days has hit
Cansdale with a flurry of lawyers’ letters, also available on his
website [see here and here]. Cansdale now has until 4pm Wednesday 6 June
to disable the Visual Studio Express features of his product.

We await the deadline with bated breath.

Meanwhile, a quiet word in the ear of any earnest young programmer who
is considering downloading a copy of Visual Studio Express and slaving
deep into the night, striving hard in the Microsofty ways, in the hope
one day of earning the glorious rank of MVP.

Do ya feel lucky, punk? ®

Read the actual Emails too, they’re most illuminating:


Weber repeatedly refers to Cansdale’s work as a “hack”, even though Cansdale proves conclusively that it only uses API’s published by Microsoft, and available for free on their Website.

“It’s only Novell customers who are “indemnified” against whatever threats they may encounter WRT Microsoft’s alleged “IP”.”This set me thinking about Mono, and how this Microsoft-encumbered Intellectual Monopoly was a specific threat to FOSS, not merely because of the patents (RAND or otherwise), but primarily because of the patentor. If Microsoft would pursue one of their own MVPs so viciously and tenaciously, over nothing more than a damned plugin, what do you suppose they’ll start doing once their “IP” has well and truly infested Free Software?

I wonder if Microsoft will be as “benevolent” to the Free Software community as they’ve apparently been to Dell and friends, if some patent troll sues a FOSS developer for patent “infringements” relating to .NET?

But then, that’s where Novell comes in, isn’t it? It’s only Novell customers who are “indemnified” against whatever threats they may encounter WRT Microsoft’s alleged “IP”.

From that perspective alone, it’s sheer insanity for any distro other than SUSE to ship Mono or any of it’s related technologies and dependants, but there’s still the question of the infamous “patentor”
and it’s motives.

It’s not exactly news, and it doesn’t take a genius to work out what Microsoft is up to, in fact it’s transparently obvious. The plan goes something like this:

  1. Find some Microsoft-friendly FOSS developers (e.g. Miguel de Icaza. Heck, judging by Torvald’s latest rant, he may well be next).
  2. Buy a commercial Linux vendor (they’ve essentially bought Novell).
  3. Start infecting FOSS with Microsoft “IP”, right down in the foundations of the compiler toolchain (e.g. Mono), so the infection spreads upwards to everything built using that toolchain.
  4. Provide “indemnity” only for customers of that single (sellout) Linux vendor.
  5. Wait for the infection to spread, until this “IP” becomes ubiquitous and virtually unavoidable.
  6. Meanwhile, start making a lot of noise about “undisclosed balance sheet liabilities”, and certain Linux vendors’ customers having an “obligation to compensate us”.
  7. Keep the pressure on certain Linux vendors, with shell companies acting as patent trolls, such as IP Innovation LLC, and it’s parent shell company Acacia.
  8. Light the patent-fuse; sit back and enjoy the show, as every commercial Linux vendor finds themselves forced to choose between either paying Microsoft or dropping a large chunk of their repos, thus making their distros unusable (or at least considerably less functional than SUSE).

And as they say on South Park:

9. ???
10. Profit!!!

Or more importantly from Microsoft’s perspective … monopoly!!! Again.

Now you know why de Icaza named it “Mono®”.

So is this just the ravings of a paranoid Linux loony?

Really; really think about who Microsoft are; what they do; how they do it; and what their motives and principles are. What right-minded Free Software advocate; user or developer would continue to support Mono?

Well … Fedora, for one.

Yes, this community distro that vigilantly strives to purge all that is patent-encumbered or otherwise questionable from its distro, ships one of the most dangerous pieces of software ever to taint the Free Software community … Mono.

And to think that Tom “Spot” Callaway (Fedora Engineering Manager) once vehemently proclaimed:

We will never include Mono, or anything that is obviously patented
without a patent grant in writing that permits unrestricted use and
redistribution, as per the terms of the GPL.

Today it’s an entirely different story:

1. The decision to allow Mono to enter the tree seems to have been made
arbitrarily by Red Hat, with no community consultation, and in spite
of protests (including some by high profile Red Hat personnel -
mostly expressed as a rejection of Mono before the announcement).

2. There has only ever been one public announcement on the subject, and
that was made (with some dismay, it seems) by Tom Callaway:


3. There has only ever been one, extremely reserved, explanation given
for this decision, in a blog post by Greg DeKoenigsberg:

“Business considerations that prevented certain Mono components from
being included in Fedora previously have now been resolved.”


The specific nature of this resolution is not given.

4. There is precious little concrete information about precisely who
made these arbitrary decisions that also affected the Fedora
community distro, but as best as I can deduce, the key players seem
to be Greg DeKoenigsberg (as above) and Christopher Blizzard,
although it may be that these were simply the only people discussing
it publicly:


5. The nearest thing to an actual justification for this acceptance of
Mono, is that the OIN offers a kind of Mexican Stand-Off protection
to those who implement it:


My final conclusion is that Fedora includes encumbered, non-Free
software, that is covered by patents owned by Microsoft, and assured by
a patent covenant that is not worth the (metaphorical) paper it’s
written on, since Moonlight, which is also covered by this same type of
covenant by the same company, has recently been exposed by Groklaw as
undistributable (I’m advised that PJ is currently investigating Mono as
well). The announcement and justification for this inclusion is
extremely sparse, and there has been almost no community consultation on
the subject, either before or after the fact.

Why the secrecy?

More here:

“Red Hat not shipping Mono is currently a can’t rather than a won’t.
Making it worse, we are not able to spell out all the facts on why we
can’t.” ~ Havoc Pennington, ex-Red Hat Desktop manager/engineer.

Again, what is the big secret?

And why do these commercial Linux vendors seem to be going to so much trouble to infect Free Software with Microsoft’s Intellectual Monopoly?

Windows software development is an absolute minefield of legal pitfalls, and now thanks to some mysterious conspiracy (or at least grossly misguided decisions) that same minefield is slowly infesting Free Software too, via Mono.

Then to cap it all, we have the creator of the Linux kernel complaining about people who see things in “black and white” terms.

Maybe we should all just give up any hope of autonomy and Freedom, switch to Windows, and pledge 10% of our income to the Cult of RedmondGangsters for life. That’s what certain people within our community seem to want. I’m sure it’s the “pragmatic” thing to do, after all.

“Beware the enemy within.”

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


  1. mejust me said,

    November 20, 2008 at 11:00 pm


    hey roy, if this is a ‘reader’s post’ then who wrote it?


  2. Roy Schestowitz said,

    November 21, 2008 at 4:14 am


    It says so in the post (first paragraph). ;-)

  3. Slated said,

    November 21, 2008 at 4:39 pm


    I did.

What Else is New

  1. Even the EPO Central Staff Committee is Unhappy With EPO Management

    The questions asked by the Central Staff Committee shared for the public to see that not only a single union is concerned about the management's behaviour

  2. The Broken Window Economics of Patent Trolls Are Already Coming to Europe

    The plague which is widely known as patent trolls (non-practicing entities that prey on practicing companies) is being spread to Europe, owing in part to misguided policies and patent maximalists

  3. Debunking the EPO's Latest Marketing Nonsense From Les Échos and More on Benoît Battistelli's Nastygram to French Politician

    Our detailed remarks about French brainwash from the EPO's media partner (with Benoît Battistelli extensively quoted) and the concerns increasingly raised by French politicians, who urge for national or even continental intervention

  4. The Sun King Delusion: The Views of Techrights Are Just a Mirror of EPO Staff Unions

    Tackling some emerging spin we have seen coming from Battistelli's private letters -- spin which strives to project the views of Techrights onto staff unions and why it's very hypocritical a form of spin

  5. Links /11/2015: Webconverger 33.1, Netrunner 17 Released

    Links for the day

  6. United They Stand: FFPE-EPO Supports Suspended Staff Representatives From SUEPO

    An obscure union from the Dutch side of things at the EPO is expressing support for the suspended colleagues from SUEPO (more German than Dutch)

  7. Censoring WIPR Article About Censorship by EPO

    A testament to how terrified journalists have become when it comes to EPO coverage, to the point of deleting entire paragraphs

  8. Censorship at the EPO Escalates: Now We Have Threats to Sue Publishers

    Having already blocked Techrights, the EPO's management proceeds to further suppressions of speech, impeding its staff's access to independently-distributed information (neither ordinary staff nor management)

  9. Response to Bogus Accusations That EPO Staff Protests Are Really an Attempt to Derail UPC

    Common myths about staff protests in the European Patent Office (EPO) debunked, with some additional background and general perspective on recent events, the unitary patent (UPC) and so on

  10. New Heise Article Makes It Clear That 'Nazi'-Themed Accusations Against the Suspended Board Judge Were Insufficiently Substantiated

    The personal attacks on a judge who was illegally suspended (a so-called 'house ban') increasingly look like the management's own campaign of defamation, mostly intended to marginalise and punish a judge who spoke about serious charges against VP4 (Željko Topić)

  11. Links 24/11/2015: Asus Chromebit CS10, Second Linux 4.4 RC

    Links for the day

  12. European Central Bank Staff Committee Adds to Growing Pressure on Abusive EPO Management

    The staff representatives of the European Central Bank E-mail their colleagues -- with European Central Bank managers' approval -- regarding the European Patent Office and its attacks on staff unions

  13. Gross Violation of Workers' Rights in EPO: Denial of Christmas Vacation/Leave for Slower Workers

    A look at an E-mail from within the EPO which shows how Christmas is used to squeeze staff, urging them to work even faster (despite speed gains) or lose their Christmas leave

  14. The Bogus Narrative Floated by EPO Management: Our Judges and Examiners Are Armed and Violent

    A look at the union-busting and protest-crushing moves from high-level EPO managers, who are trying to convince politicians that they do so in an effort to stop terrorists and neo-Nazis

  15. Support SUEPO or End Up Like They and Some of the Boards Did

    SUEPO, the fast-growing staff union of the EPO, increasingly needs the support and protection offered by action and participation from staff

  16. NRC Handelsblad (Dutch Evening Newspaper) Speaks About EPO's Refusal to Accept Court Orders From The Hague

    Article explains the depths of the issues inside the EPO and the unacceptable immunity that management at the EPO continues to exploit, shaming or discrediting the very notion of the rule of law in Europe

  17. HeBS Digital and Black Duck Press Releases Treated Like Articles, Used to Muddy the FOSS Waters

    Free/Open Source software (FOSS) is under attack again, and it's the proprietary software lobby that's responsible for that

  18. EPO President Battistelli Now Intimidates Even National Delegations

    Report about an embarrassing incident implicating Benoît Battistelli and some angry comments cast over the witch-hunting of a judge, using all sorts of questionable tactics

  19. A Look at the Latest Gross Deletionism at the EPO's 'Media Partner', French Newspaper Les Échos

    The EPO's bogus 'journal of record, which Team Battistelli likes to cite in order to bolster its warped version of events at the EPO while maintaining a close secret relationship with the publisher, keeps censoring its own reporters (spiked paragraphs, silently self-censored or censored after publications)

  20. Rumour About Efforts to Dismiss a Board Judge by Intimidating Boards of Appeal

    Comment found online accuses the Administrative Council of pressuring, by threats, Directorate-General 3 to dismiss a judge who is silently accused (with selective 'leaks' to the media, reportedly orchestrated by EPO managers) but not even proven guilty

  21. President Battistelli Now Pressures/Threatens Politicians Who 'Dare' to Complain About Abuses and Unacceptable Conditions at the EPO

    Pierre-Yves Le Borgn’, a French politician, unleashes an angry letter from Benoît Battistelli and reveals just to what lengths the EPO's Team Battistelli is willing to go in order to crush political backlash

  22. EPO: It's Like a Family Business - Part IV

    Some more background information about Elodie Bergot and Gilles Requena, who are married whilst also sharing positions of power at the EPO (and also strong connections/ties with the EPO's President, Mr. Battistelli); Rumours afloat at the EPO -- some with ever-increasing circulation too -- are worth noting

  23. Translation of Thomas Magenheim-Hörmann's Article in the German Media, Urging European Politicians to Intervene in EPO Chaos and Lawlessness

    Frankfurt-based media presents an opinion piece written by a Munich-based economic correspondent, Thomas Magenheim-Hörmann

  24. German Press Says Broken EPO Lets President Severely Punish Staff Not Even Guilty of Any Wrongdoing

    Juve publishes an article which attempts to be 'balanced' (meaning it believes everything that EPO officials say) but at the same time reveals unacceptable practices that go in inside the EPO

  25. German Media Reveals That Out-of-Control EPO Management is Even Threatening and Abusing Lawyers Now

    The EPO's longstanding fight against justice escalates to an unprecedented war on lawyers themselves; “After this latest move,” says a German newspaper, “even lawyers are starting to feel threatened by the Office.”

  26. Washington Post Only Entertains Debate About Patent Trolls (But Not Patent Scope) Whilst US Lawyers Trick the System to Patent Software

    The Bezos-owned Washington Post continues to help those who wish to eliminate patent trolls (which bother Amazon amongst other large conglomerates) but remains void of any coverage about patent scope, including software patents that patent lawyers work so hard to defend

  27. It Pays (Off) to 'Bribe' the Media: Watch How Les Échos Covers EPO Matters and Self-Censors

    French newspaper Les Échos is self-censoring yet again and it is framing the EPO scandals as the fault of employees, not the fault of abusive managers who are working with Les Échos as a so-called 'media partner' (the EPO management is French-dominated)

  28. 'Leaked' PDF Shows How EPO Management Tried to Crush Judge Who 'Dared' to Criticise EPO Management

    The EPO's management continues to chill potential critics and is now making an example of a board's judge, despite having no such authority over him

  29. Links 21/11/2015: Community Appreciation Day, Jolla's Problems

    Links for the day

  30. EPO: It's Like a Family Business - Part III

    A look at how the EPO's management (Željko Topić in particular) defended the unprecedented promotion of Ms Bergot (wife of the president's close assistant), even in the face of outcry from EPO staffwarning


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