Bonum Certa Men Certa

Reader's Article: Novell, Mono and RAND

Post contributed by Slated

As some people here probably already know, I am no fan of Mono - not for technical reasons (mostly [3]), but simply for political ones. Specifically, I'm talking about so-called Software Patents, and even more importantly, precisely who owns those patents. In this case, that would be Microsoft, a convicted monopolist with a viciously anti-FOSS agenda, that employs business methods remarkably similar to that of the Mafia.



IMO the mere fact that .NET/Mono is Microsoft technology should be enough to dissuade any Free Software advocate from going anywhere near it [1], but there is a large contingent of Mono "fans" out there, lead by people like Jeff Waugh and Miguel de Icaza, who (either through ignorance; naivety; apathy or even malice) don't seem to give a damn about whether or not Mono (or even OOXML) endangers the future of Free Software.

Trying to convince people, and especially distro maintainers, that they should stay away from Mono, is therefore extraordinarily difficult, and usually goes something like this:

[P]oint | [C]ounterpoint

P: Don't use Mono C: Why? P: Because it is patented C: So is a lot of other software P: Yes, but this is patented by Microsoft C: So? P: Microsoft is a convicted monopolist C: You're just biased against Microsoft P: I believe I am justified given Microsoft's history C: What history? P: See [1] C: What has that got to do with Mono? P: Microsoft has a history of abusing their "IP" as a weapon to destroy others, and maintain a monopoly C: But how do you know that Microsoft will try to do that to FOSS? P: Because they have already made patent allegations against FOSS; have repeatedly expressed their contempt and hatred for FOSS; have established a protection racket for commercial Linux vendors; have admitted that Linux (they mean FOSS) is their number one competitor; and have a sociopathic tendency to violently attack anyone (read: competitor) who threatens Microsoft's monopoly, using the most unethical and underhand methods they think they can get away with

[At this point, some heavyweight like Waugh enters the debate]

C: Rubbish. Mono only implements the ECMA parts of the .NET framework, which are covered by a RAND covenant to not sue, so you're whining for no good reason P: I don't trust RANDs, especially those underwritten by Microsoft C: Why? P: Because, define "reasonable" ... and then prove that Microsoft will never revoke their promises. In fact, prove that Microsoft has good intentions in this, or any other endeavour

[This is usually the end of the discussion, although sometimes it goes off on one of the following tangents]

[Either]

C: My country doesn't enforce software patents anyway, so I don't care P: Maybe some day it will (see [2]). What then?

[Or]

“How many of those patent holders would risk losing 30 Billion USD just to strike a blow against FOSS (see Microsoft's recent failed Yahoo takeover bid)? How many of those patent holders are convicted monopolists?”C: Probably every piece of software ever written violates some patent or another. If FOSS developers were to abandon packages based on possible patents, then there wouldn't be any Free Software at all P: How many of those patent holders have the immoral and aggressive tendencies that Microsoft has? How many of those patent holders would risk losing 30 Billion USD just to strike a blow against FOSS (see Microsoft's recent failed Yahoo takeover bid)? How many of those patent holders are convicted monopolists? How many of those patent holders have made actual infringement claims against Free Software? How many of those patent holders have described Linux as a "cancer"? How many of those patent holders have created a Linux protection racket that attempts to stifle Free Software and line Microsoft's pockets in the process? How many of those patent holders use bribery and corruption as a matter of standard procedure [1]? How many of those patent holders regularly and predictably stab their own customers and partners in the back whenever any given venture results in anything less than market domination (e.g. "PlaysForSure" and others)?

[And here the debate always ends, but without any resolution]

Occasionally I might get a parting "you're just being paranoid", from those too blind/naive/brainwashed to understand the truth.

Well I don't know if it'll help, but I recently discovered an article that (I believe) exposes RAND for the sham that it really is (quoted in full):

So much quarreling about open standards. Jason Matusow advocates for a document format with RAND licensing conditions for the patents. What does he mean when he talks about RAND? RAND stands for "reasonable and non-discriminatory". But Jason Matusow's company Microsoft lacks honesty when it talks about "reasonable and non-discriminatory" conditions.

We need to be precise about what reasonable and non-discriminatory actually means. A restaurant in apartheid South Africa said it allowed both Boers and English, so was "not discriminatory". It even let some Jews in. However it banned non-whites.

Reasonable and non-discriminatory in patent licensing means "we apply a uniform fee". However with respect to Microsoft's legacy OOXML format, one party controls the standard and the associated patents. All market players need to license except the patent owner. For dominant standards it is a tax on the market. It seems highly unreasonable that such standards should become international standards, mandatory for government users.

You may find it unreasonable for an ubiquitous standard. But there is a more insidious aspect. RAND patent licensing conditions are a tool to ban Free Software, which is entirely incompatible with RAND licensing conditions. Now one side of the debate blames it on the patent licensing conditions, the other side on the software licensing conditions.

"The reason I agree with the statement about patents and Free Software not mixing is that there have been terms written into GPL licenses that explicitly conflict with software patents. Okay, that is the choice of the authors and users of those licenses."

It sounds a bit like: well, you chose to marry an African woman, so we cannot let you into the restaurant. Free choice, right?

Yes, Matusow calls his standards with RAND conditions "open standards" and contradicts the commonly accepted definition of "open standards". We should speak about shared standards. These shared standards appear to discriminate less, but they still discriminate against the only real competitor to Microsoft's hegemony.

It is true that ISO, driven by simple pragmatism, allows shared standards. From the ISO/IEC directives:

"14.1 If, in exceptional situations, technical reasons justify such a step, there is no objection in principle to preparing an International Standard in terms which include the use of items covered by patent rights – defined as patents, utility models and other statutory rights based on inventions, including any published applications for any of the foregoing – even if the terms of the standard are such that there are no alternative means of compliance."

Generally international standards and patents are like water and oil, and RAND conditions are the soap that allow them to mix. But as the move towards Open Standards evolves, shared standards get more and more unacceptable. Shared standards do discriminate and do appear to be unreasonable.

It is time to adapt the legal definition of reasonable and non-discriminatory to common sense.


I would also add that not only are ECMA/.NET patent terms unreasonable (how can it be an Open Standard if you have to pay a fee?), but the non-discriminatory terms have already been broken with Microsoft's exclusive agreement with Novell:

I read the agreement between Xandros and Microsoft, and one of the excluded products was Mono, so Microsoft promises to not sue Xandros over their distribution but excluding Mono and a few other products, i.e. they reserve the right to sue over Mono. I wonder if this is an interesting preview of on what basis they want to fight the free world.

Interestingly, the Novell deal seems to be different, Mono is not excluded from the Novell deal. So Microsoft seems to be promising not to sue Novell over Mono, but keeps the option open for Xandros. Weird but true.


All in all, it is clear that the ECMA/.Net/Mono patent conditions are far from either "reasonable" or "non-discriminatory".

Meanwhile, I stumbled upon some old articles that reminded me of how much de Icaza is in love with the Redmond gangsters, and how dearly he'd love to mutate Gnome into the bastard son of Windows:

Gnome to be based on .NET – de Icaza

Learn to love The Beast By Andrew Orlowski in New York

Published Friday 1st February 2002 17:56 GMT

[Interview] How much do you love Microsoft's .NET? Enough to trust your Gnome applications to its APIs in the future?

That's what Gnome leader Miguel de Icaza, believes should happen. Miguel calls .NET the "natural upgrade" for the Gnome platform, and enthused about the technology in an interview with us at LinuxWorld this week. Basing Gnome on the .NET APIs will cut development time significantly,

He also had praise for the new Microsoft security model, dismissed the notion that Redmond was employing embrace and extend to its web services protocols, and put the message that the community should get over its beef with The Beast.

"I'd like to see Gnome applications written in .NET in version 4.0 - no, version 3.0. But Gnome 4.0 should be based on .NET," he told us. "A lot of people just see .NET as a fantastic upgrade for the development platform from Microsoft.


Read the whole article, it's most revealing.

Miguel loves ActiveX too:

At Microsoft I learned the truth about ActiveX and COM and I got very interested in it inmediately(sic).


He shows extremely poor taste (in many things).

[1] For anyone still not convinced of Microsoft's ethical depravity, please see the following:

http://www.grokdoc.net/index.php/Dirty_Tricks_history http://www.groklaw.net/staticpages/index.php?page=2005010107100653 http://boycottnovell.com/microsoft-critique-resources/ http://boycottnovell.com/2008/05/25/eu-crackdown-astroturfing/ http://www.vanwensveen.nl/rants/microsoft/IhateMS.html

[2] Proposed US ACTA multi-lateral intellectual property trade agreement

http://antitrust.slated.org/censorship/acta-proposal-2007.pdf [PDF]

And finally:

[3] Why did Microsoft invent .NET (I'm assuming they invented it, rather than their usual MO of simply assimilating it from another source) when there is already Java? To answer this question, you may also like to consider why they "(re)invented" OOXML, Moonlight, XPS and other "fscking kill <vendor>" technologies.

Any supposedly Free Software advocate who can still defend or support Mono at this point, is clearly either irredeemably corrupt or terminally stupid (or possibly both). They are part of the problem, not part of the solution. And yes, the "problem" is Microsoft.

De Icaza, are you listening?

Mono Microsoft brain

Comments

Recent Techrights' Posts

EPO Union Leaders in Rijswijk Explain Where EPO Strikes Stand and How to Prepare for Next Week's
We have some revelations to share in a few days
Microsoft's "AI CEO" (Slop Propagandist) is Projecting, Many Microsoft "Jobs to be Replaced With All-Indian Low-Paid Staff in 12 Months"
Windows is perishing
 
In Africa's Second-Largest Nation, Democratic Republic of the Congo (DRC), Opera 10 Times Bigger Than Firefox (and GNU/Linux Now at 5%)
This will become an accessibility problem
Links 19/02/2026: "A.I.pocalypse" Inevitable and "Butlers to LLMs"
Links for the day
An Inherently Royal (Monarchs') Legal System Where Size Matters (Big Capital Eats the Small)
This reinforces the notion that justice is only for those who can afford it
These Statistics Should Keep Microsoft Shareholders Awake at Night
Windows is, in general (all versions collectively), declining over time
Economic Failure and Other Harsh Realities Have Nothing to Do With Slop 'Innovation'
Advanced propaganda, not advanced 'AI' [...] They attack workers while insulting their intelligence
Spaniards Shutting Down MElon's Digital Weapon of "Smart Mobs"
Are the Spanish people already acting based on gut feeling and shunning/shutting out the provocation vector?
Bitcoin: government engagement contradictions
Reprinted with permission from Daniel Pocock
Richard Stallman in the United States - Part II - "Haters Gonna Hate"
we shall carry on with this series at the right pace
Typical! Solicitors Regulation Authority (SRA) Tells Victims of Fraud to Wait 10 Weeks
justice delayed is justice denied
statCounter: Only One in 350 Iranians Would Use Microsoft for Web Search
Microsoft is trying to fake "demand"
Slides Shown a Week Ago by the EPO's Staff Committee Ahead of the Second Very Large Strike
This coming weekend we'll drop a 'bombshell' of sorts
EPO "Cocaine Communication Manager" - Part II - Illegal Drug Addicts Mobbing the Wrong People, This Will Definitely Backfire
This year may well be the last year of Team Campinos. Nobody will hire them after that.
Mass Layoffs (But Silent Layoffs) Still Happening in IBM, You Need Only Look Closely (There Are NDAs, PIPs, 'Early Retirement' Sweeteners and IBM - Like Microsoft - Skirts the WARN Act)
the layoffs are definitely happening
Very Little Slop
We are not finding much slop anymore
Links 19/02/2026: Illegal Kangaroo Court for Patents Attracts Aggressive Firms, Public Domain Review Grows
Links for the day
Gemini Links 19/02/2026: Taxing the Rich, Raspberry Pi 4 Tinkering
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 18, 2026
IRC logs for Wednesday, February 18, 2026
Links 18/02/2026: DMCA Weakened, Anna’s Archive Still Thriving
Links for the day
Links 18/02/2026: Gig 'Economy' Condemned, Microsoft Insulting/Stressing People With False Slop Predictions
Links for the day
Twitter Falling to 1% in Africa's Largest Nation (Algeria)
About 15 years ago the regime in Egypt got toppled (and others had been too) partly because of social control media such as Twitter
"How Many Friends Do You Have?"
"Do bots count?" "Friends in Facebook?" "Does a girlfriend chatbot count as a friend?"
Solicitors Regulation Authority (SRA) Responds to Crises Only After It's Way Too Late
The SRA does not do its job. The new chief's job is face-saving PR in the media.
The Techrights Team Makes the Platform Faster
The infrastructure is already fast
Mozilla Firefox Died in Afghanistan
Mozilla has been a complete disaster
Gemini Links 18/02/2026: Astronomy and Texinfo
Links for the day
Are IBM CEO and IBM CFO Ready for Financial Audit That Topples the Shares by 50% in One Day?
The same "chefs" that cooked up Kyndryl Holdings Inc are still in charge of the IBM kitchen
France Does Not Need Digital Weapons Disguised as Social and as Media
French people lost interest in Social Control 'Media' (or Networks)
"Senior AI Reporter" at Slop Technica/Ars Sloppica Has Written Nothing in Nearly a Week, Did Conde Nast Suspend Him for Fake Articles With Fake Quotes?
Slop Technica/Ars Sloppica is having a serious credibility issue right now
Linux Foundation Puts Slop Images, Not Just Slop Text, in Linux.com
More of the same then
The Register MS Paid-for 'Articles' (Ads) Seem to be LLM Slop Again
If it's true that The Register MS is resorting to these marketing tactics, will they later delete the evidence (as they did months ago)?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 17, 2026
IRC logs for Tuesday, February 17, 2026
Microsoft Had Mass Layoffs Every Month Last Year, This Year It's Delaying a Lot to "Prove" Rumours That Crashed Its Stock... 'Wrong'
Building a bigger snowball for later
Red Hat Is Not a Company Anymore, Amid Bluewashing and Mass Layoffs It's Merely IBM "Division" or "Brand" or "Product"
systemd at this point is sort of like IBM/Microsoft thing
IBM suffers "worst weekly drop in six years", Microsoft's MSN calls it "buying opportunity"
Ask Cramer what to do
Still Some Slopfarms in View, Sometimes Targetting "Linux"
That's a total of at least 4 in Google News today, coming from 3 sources
Gemini Links 17/02/2026: 3D-Printed Stainless Steel Smartwatch and Gopher Bay Offline
Links for the day
Links 17/02/2026: Machine Rage and Microsoft Kills XBox Social Clubs
Links for the day
EPO "Productivity" Will Fall Off a Cliff If Examiners Stick to the European Patent Convention (EPC) and Follow the Real Rules
The EPO's "Cocaine Communication Manager" would hate to see the next "productivity" metrics
The Problem is Not Technology, the Problem is Really Bad Things Sold or Imposed as "Tech" (Like a Religion Built Around Technology)
Don't hate technology, hate the corporations that abuse it to promote coercion, exploitation etc.
Resisting IBM and EPO Corruption
Rise up against EPO dictatorship next week
Where Slop Meets Ghostwriting: It's a False Analogy
It's a false analogy
Links 17/02/2026: Why OpenClaw is Very Sleazy and Ars Technica Exposed as Hub of LLM Slop (Credibility Destroyed Overnight)
Links for the day
Benj Edwards (Ars Technica) Used Fake Articles to Promote Ponzi Scheme for Conde Nast and Its Client (Marketing)
What Ars Technica and Conde Nast do here helps defraud the general public
Slop Technica: Ars Technica Seems Like Repeat Offender, a Part-Time Slopfarm
The culprits are repeat offenders, but the publisher will never admit this in public
Only One in 50 Saudis Would Use Microsoft for Search, Almost Same as Would Use Russia's Yandex
If statCounter is to be trusted
Microsoft's "AI" Concerns Are All Indian (or Low-Paid Workers Who Work Extra Hours Unpaid)
portraying charlatans and frauds like they're some kind of visionaries and luminaries
Microsoft Turned Bing Into Censorship Machine of China, But Bing Is Pegged at a Mere 2% in Asia, Yandex is Bigger
Expect many Bing layoffs some time soon (like in past years)
Just Like The Register MS, Conde Nast's Ars Technica Has Just Publicly Admitted That It Published Fake Articles (Slop) Made by LLMs About Serious Subjects
Conde Nast might shut Ars Technica down to escape the bad publicity/association
Solicitors Regulation Authority (SRA) Way Too Slow to Respond to Financial Fraud at Law Firms, in Effect Helping Those Law Firms Defraud Many More People (Fleecing Clients)
Who will hold the SRA accountable for this?
Techrights Became a Hub for News That IBM/Red Hat Doesn't Want You to See (and Pays Mainstream Media to Distract From)
the more viciously the notorious organisation attacks the reporter, the greater the interest in what the reporter has to say
EPO's Central Staff Committee on Fourth Technical Meeting, Two Days Before First of (At Least) 4 Winter Strikes at the Second-Largest European Institution
“future orientations on the salary adjustment procedure”
IBM's Collapse Continues, Half of EU Countries to Have Mass Layoffs, "IBM Clearly Disinvests From Europe" Says IBM European Works Council
Recent publication
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 16, 2026
IRC logs for Monday, February 16, 2026
Gemini Links 17/02/2026: Alpenglow Industries' Closure and Gemini Server Issues
Links for the day