Bonum Certa Men Certa

Free Software Foundation Discourages Dependence on Mono, Dismisses Microsoft Community Promise

Last week, Microsoft extended the terms of their Community Promise to implementations of the ECMA 334 and 335 standards. You might think this means it's safe to write your software in C#. However, this promise is full of loopholes, and it's nowhere near enough to make C# safe.

Why Worry About C#?



Since we published Richard's article about Mono last week, some people have been asking us why we're expressing special concern about free software developers relying on C# and Mono, instead of other languages. Sun probably has patents that cover Java. Maybe IBM has patents that cover C compilers. "Shouldn't we discourage the use of these too?" they ask.



It's true that all software patents are a threat to developers—but that doesn't mean that all software patents are equally threatening. Different companies might have patents that could be used to attack other languages, but if we worried about every patent that could be used against us, we wouldn't get anything done. Microsoft's patents are much more dangerous: it's the only major software company that has declared itself the enemy of GNU/Linux and stated its intention to attack our community with patents. If Microsoft designed a patent trap into C#, that is no more than what it said it would do.



The company has been quite clear about its intentions since late 2006. At a user conference in November that year, Microsoft CEO Steve Ballmer said, responding to a question about their patent agreement with Novell:



... the fact that [GNU/Linux] uses our patented intellectual property [sic] is a problem for our shareholders. We spend $7 billion a year on R&D, our shareholders expect us to protect or license or get economic benefit from our patented innovations. So how do we somehow get the appropriate economic return for our patented innovation...?


(Seattle Post-Intellegencer, The Microsoft Blog, "Ballmer on Novell, Linux and patents," November 16, 2006.)

A few days later, an interview with Microsoft President Bob Muglia was published, and he made it clear that they considered C# one of these so-called "patented innovations:"



There is a substantive effort in open source [sic] to bring such an implementation of .Net to market, known as Mono and being driven by Novell, and one of the attributes of the agreement we made with Novell is that the intellectual property [sic] associated with that is available to Novell customers.


(eWeek.com, "Microsofts Muglia Talks Longhorn, Novell and Java", November 17, 2006.)



They've been turning up the heat ever since. In May 2007, Microsoft followed all this up by announcing in a Fortune magazine interview that they believed GNU/Linux infringed 235 Microsoft patents. And recently they made it very clear that these were not idle threats: the company sued TomTom for using the VFAT filesystem implementation in the kernel Linux without buying a license from it.



All of this can't simply be brushed aside. These are statements and actions made at the highest executive levels of the company. Using patents to divide and conquer the free software community is a fundamental part of their corporate strategy. Because of that, C# represents a unique threat to us. The language was developed inside Microsoft, so it's likely they have many patents to cover different aspects of its implementation. That would make free software implementations of C#, like Mono, an easy target for attack.



“The Community Promise does nothing to change any of this.”The Community Promise does nothing to change any of this. Microsoft had an opportunity to take action and demonstrate that it meant us no harm with C#. Instead, they took meaningless half-measures that leave them with plenty of opportunities to hurt us.



Incomplete Standards



The ECMA 334 and 335 specifications describe the core C# language, including information about standard libraries that must be available in any compliant implementation. However, there are several libraries that are included with Mono, and commonly used by applications like Tomboy, that are not required by the standard. And just to be clear, we're not talking about Windows-specific libraries like ASP.NET and Windows Forms. Instead, we're talking about libraries under the System namespace that provide common functionality programmers expect in modern programming languages: binary object serialization, regular expressions, XPath and XSLT, and more.



Because these libraries are not defined in the ECMA specifications, they are not protected in any way by Microsoft's Community Promise. If this were the only problem with the promise, it might be safe to use applications that avoid these libraries, and stick to what's in the standard. But even the code that's covered by the promise isn't completely safe.



Figuring Out What's Necessary



The Community Promise only extends to claims in Microsoft patents that are necessary to implement the covered specifications. Judging just by the size of its patent portfolio, it's likely that Microsoft holds patents which a complete standard implementation probably infringes even if it's not strictly necessary—maybe the patent covers a straightforward speed optimization, or some common way of performing some task. The Community Promise doesn't say anything about these patents, and so Microsoft can still use them to threaten standard implementations.



Moving the Goalposts



“The Community Promise does not give you any rights to exercise the patented claims.”Let's say you've written an implementation of one of the specifications covered by the Community Promise, and you want to determine whether or not you'll be sued for infringing a certain Microsoft patent. The necessity question already makes it difficult enough to figure this out. But even if you manage it, you should make sure you check again tomorrow, because the Community Promise might not protect you then.



The Community Promise does not give you any rights to exercise the patented claims. It only says that Microsoft will not sue you over claims in patents that it owns or controls. If Microsoft sells one of those patents, there's nothing stopping the buyer from suing everyone who uses the software.



The Solution: A Comprehensive Patent License



If Microsoft genuinely wants to reassure free software users that it does not intend to sue them for using Mono, it should grant the public an irrevocable patent license for all of its patents that Mono actually exercises. That would neatly avoid all of the existing problems with the Community Promise: it's broad enough in scope that we don't have to figure out what's covered by the specification or strictly necessary to implement it. And it would still be in force even if Microsoft sold the patents.



This isn't an unreasonable request, either. GPLv3 requires distributors to provide a similar license when they convey modified versions of covered software, and plenty of companies large and small have had no problem doing that. Certainly one with Microsoft's resources should be able to manage this, too. If they're unsure how to go about it, they should get in touch with us; we'd be happy to work with them to make sure it's satisfactory.



Until that happens, free software developers still should not write software that depends on Mono. C# implementations can still be attacked by Microsoft's patents: the Community Promise is designed to give the company several outs if it wants them. We don't want to see developers' hard work lost to the community if we lose the ability to use Mono, and until we eliminate software patents altogether, using another language is the best way to prevent that from happening.








Copyright ۩ 2004, 2005, 2006, 2007, 2008, 2009 Free Software Foundation, Inc. Privacy Policy.



Verbatim copying and distribution of this entire article are permitted worldwide, without royalty, in any medium, provided this notice is preserved.

Comments

Recent Techrights' Posts

Wikileaks is Now Stuck Under the Clutches of Donald Trump (via Elon Musk)
The same Trump administration that was blackmailing Assange and also schemed to torture/assassinate him
IPKat's Annsley Merelle Ward Spreading the Same Old Lies and Shameless Propaganda to Promote Software Patents in Europe (i.e. the Usual... and She's Not Even a Coder)
People are quick to point out that the cited survey is very inherently biased
Windows in Azerbaijan: Down From Around 99% to Around 20%
In the past two years Microsoft could barely keep above 20%
Microsoft's Vanity Vapourware ('Lame Duck' Product for Trump and Biden Bailouts) Again "Discontinued"
Microsoft cannot keep a dying unit that makes almost no sales alive just for mere prospects of a bailout (which falls through because even the military turns it down)
 
Sudan Has Reached a State of Android Domination (93% Market Share, All-Time High According to statCounter)
countries at war buy fewer laptops?
[Meme] Just Do It?
'FSF' Europe (Microsoft) and FSF
Microsoft Front Groups Against the FSF, Home of GPL, GNU, and Free Software
Much of the money (not all of it) comes from the criminals at Redmond
Centralisation is Dooming the Web, RSS is One Workaround (But Not "Planets")
At least Gemini Protocol rejects centralisation
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 16, 2024
IRC logs for Saturday, November 16, 2024
Links 17/11/2024: Wars, Bailouts, and Censorship
Links for the day
Gemini Links 17/11/2024: Changing Interests and HamsterCMS
Links for the day
Links 16/11/2024: Twitter (X) Exodus Continues, Social Control Media Sanctions Spread Further
Links for the day
If You Donate to the FSFE, You Are Funding a Microsoft Front Group Inside Europe
FSFE has a new "Sugar Daddy"
Links 16/11/2024: FTC Investigates Abusive Monopolist Microsoft for "Clown Computing" Market Abuses, General Motors Mass Layoffs
Links for the day
When Articles About Linux Foundation Are LLM SPAM (Slop) From Publishers Paid by the Linux Foundation
This is a corruption of the Web
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 15, 2024
IRC logs for Friday, November 15, 2024
Claim That IBM Canada Had Mass Layoffs Just Hours Ago
Nothing in the media, as usual
Gemini Links 16/11/2024: Starting Afresh, Community-to-community Networks
Links for the day
Euthanasia perception, legacy & Debian Suicide Cluster
Reprinted with permission from Daniel Pocock
Links 15/11/2024: The Onion Buys Crank's Site, More Publications Quit Twitter/X
Links for the day
Gemini Links 15/11/2024: Boredom and New Blog with Gemini Support
Links for the day
Iceland: Microsoft Windows Down to All-Time Low of 60% on Desktops/Laptops
It also fell sharply across all form factors
Large British Newspaper (The Daily Telegraph) to be Composed by Microsoft Chatbots Instead of Journalists?
"engagement" is not accuracy or quality
FSFE Now Taking Bribes From Microsoft, Its Gold Donor (the Highest Payment Possible)
A sellout does not get any bigger than "Gold Donor"
One of the Largest B2B YouTube Channels?
It makes the Linux Foundation look rogue; it plays along with all this
Free Software is for Everybody
today's Linux Foundation shamelessly and recklessly promotes discrimination
Coming Soon: More Reports About the European Patent Office (EPO)
EPO corruption has made Europe a lot poorer
Filipinos Love GNU/Linux
Philippines as seen by statCounter
[Meme] Poverty Not an Issue
To know who the EFF fronts for, check who's funding the EFF
EFF Stories For Next Year
The EFF isn't what it seems
EFF Still Uses and Relies on Donald Trump's Friend (Elon Musk) for Campaigning and It Gets No Response (Except From FFII's President)
...He reminds them the issue isn't just "bad patents" or "patent trolls"
Windows 10? No, Windows at 10% (in Angola)
That's how statCounter sees things anyway
Wintertime in Techrights
2025 should be an exciting year for us and we look forward to spring
OpenSource.net, Which OpenSource.org (OSI) Said Would Continue OpenSource.com (IBM/Red Hat), Has Been Dead for a Month
Open Source Initiative is not an ally; it's a Microsoft front group
Latest in OSI's Blog Affirms Its Status as Microsoft Front Group, Sponsored by Microsoft to Promote Microsoft Agenda and Lobby for GPL Violations
Even the staff is paid by Microsoft; they hardly hide this anymore
About 80% of Red Hat Blog is the 'Hey Hi' Nonsense (Ponzi Scheme)
The official Red Hat RSS feeds have been drowned out by "AI" nonsense
[Meme] If This is How Wall Street Really Works, People Should be Terrified
"OpenAI worth $150 billion with a $15 billion loss"
OpenAI: If OpenAI Survives Another 2 Years, It'll be About 30 Billion Dollars in Cumulative Losses/Debt
So if Microsoft cushions those losses (to delay the bubble's implosion; Microsoft uses the bubble to fake its "market cap", as does NVIDIA), its debt will skyrocket
Red Hat Has Become a Buzzwords Vendor, Not a Linux Company
Red Hat is quickly becoming a joke of a company or "90% marketing"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 14, 2024
IRC logs for Thursday, November 14, 2024
Perils for Patent Eligibility Restoration Act (PERA) and PREVAIL (Efforts by the Litigation 'Industry' to Bring Back Software Patents and Crush Challengers at PTAB)
The EFF and FSF seem to have caught up with it
Phoronix Did Not Cover This...
1,000 people fired at AMD is not news
Links 15/11/2024: LF Talks About Patent Trolls, Advancing a Warning About "Buy Nothing Day"
Links for the day