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

We Don't Depend on Google and Don't Care for Google
We have our own site search and we don't depend on Google to bring visits/visitors to us
Facebook Layoffs Due to Enormous Debt, Nothing to Do With "Hey Hi" Slop
The lies about "hey hi" in relation to layoffs will only contribute to further public resentment towards: 1) the media and 2) all the slop.
Universities Became Bad Places for Work
What happened to academia?
 
Layoffs in Twitter, Facebook, and Microsoft's LinkedIn
There are silent layoffs at Microsoft this month
Change of Address at the Hired Guns, Address Removed
Companies tend to alter their 'shell structure' in anticipation of major action
The Good IBM Managers Have Flown Away, All That's Left is the Book-Cooking Loyalists
IBM is just cheating the SEC and shareholders. This seems to be the only thing IBM's management is nowadays good at.
Microsofters' SLAPP Censorship - Part 12 Out of 200: Months Ahead of Serial Strangler From Microsoft Who Helped Double the Lawsuits (Funded by Third Parties) as 'Revenge' for Exposing Crimes
In 2024 I sat down and wrote about what had been done to me and to my wife
Crime Comes in Many Forms
apparently the SRA is OK with stranglers of women in America bullying the media in the UK
commandlinux.com, linuxteck.com, linuxiac.com, and linuxsecurity.com are Slopfarms With "Linux" in Their Domain Name
once readers realise they read slop they immediately lose interest
Links 14/03/2026: Adoption of Slop Has Killed BuzzFeed, Russia Sees "Economic Gain From Iran War"
Links for the day
Patriotism is Conditional, If It's Unconditional, Then It's Like a Cult
My love for Software Freedom is only as strong as my love for Freedom of the Press
Links 14/03/2026: Mass Layoffs at Facebook ('Meta') and Sweeping Layoffs at Twitter (xAI), Social Control Media and Slop Are Only Debt
Links for the day
Wrong Time, Wrong Place (Digg)
Kevin Rose and Alexis Ohanian can relaunch Digg.com, but we doubt it'll work "this time for real!"
Reporting New and Suppressed Information is What Journalism is All About
In the domain of Free software, there are very few sites out there that offer exclusive coverage on community affairs and there are many gagging/censorship attempts
The Limits of Speech and the Rationale of Limitations
it seems to be part of an international trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 13, 2026
IRC logs for Friday, March 13, 2026
Gemini Links 14/03/2026: Goodness, AD534 Multiplier Module, and Extroverts Online
Links for the day
Atlassian Corp: We're Doing Layoffs Because of "Hey Hi"; Wall Street: Atlassian Corp is Just a Failing Business
Don't ask "the media"
Microsofters' SLAPP Censorship - Part 11 Out of 200: Cannot Censor His Spouse, Accusations Are Repeated Today
He already has a history of threatening to sue gay people in America; he cannot take criticism too well
Price of Storage, Price of Energy... What Next?
EPO workers are going on strike because their salaries don't keep up with price increases and tech companies without connections in "the channel" face long delays, low availability, and high prices (no "bulk" purchases), which further solidifies monopolies.
Don't Forget Red Hat's RTO (Return-to-office) Layoffs
How many people still remember that Red Hat did the same thing?
Reminder: Microsoft silent Layoffs by RTO (Commute Time and Lack of Comfort/Work Satisfaction) Already in Effect This Year
It's difficult to measure how many employees have already "left on their own" due to the RTO policy
Founder of IBM Ventures Has Just Quit IBM
Some people leave IBM and many people 'leave' IBM
Signs of Impeding Mass Layoffs - Not Just Quiet Layoffs - at Microsoft
Beneath the surface there are waves of layoffs and even entire teams are let go
Career Science and Academia as Corporate Propaganda 'on Tap'
article about surveillance
Veteran GNU/Linux Journalist Jack Wallen Tries Geminispace and Likes It
It'll turn 7 some time soon
Scheduled Maintenance Tonight
There will be similar work early next week
"Alternative to Microsoft Office" Must Use Free/Open Standards/Formats for Real Sovereignty
It would make sense for the EU to invest in its own workers and its own software projects, more so now that there are hostile countries both to the east and to the west
IBM Has No Clue How to Integrate Companies Like Red Hat
IBM is failing to respect this company's culture
Fake Articles From Sites With "Linux" in Their Name/Domain Name
we can at least hope that linuxteck.com made a decision to quit slop
Links 13/03/2026: New US Weapons for Taiwan, Pakistan Air Strikes Hit Kabul
Links for the day
Gemini Links 13/03/2026: Exhaustion and Smartphone Addiction
Links for the day
Friday the 13th & Debian Developers afraid to nominate in DPL elections
Reprinted with permission from Daniel Pocock
Links 13/03/2026: Chatbot "Pentagon Contract" (Bailout) and Secret Service Ditches Slop Pusher
Links for the day
When Everybody Has a Right/Access to An Attorney/Lawyer (But Some Get Funding From Malicious American Corporations to Spend a Million Dollars on Many Lawyers and Several Barristers)
And send about 75 KG of legal papers to the residence of the "opponent"
European Qualifying Examination (EQE) Being Reduced to Pieces of Papers One Can Buy, Patent System Rapidly Losing Its Legitimacy
Welcome to the "new Europe"
Priorities in 2026
2026 is an interesting year
Willis Towers Watson (WTW) Producing More Propaganda for EPO "Cocaine Communication Managers"
The Local Staff Committee The Hague (LSCTH) has this new paper about Willis Towers Watson (WTW) and its annual EPO-sponsored propaganda, pretending all is well when things are clearly dire
Head of Microsoft Office and Microsoft 360 is Leaving Microsoft Amid Problems and Mass Layoffs
Microsoft is like a "legacy" company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 12, 2026
IRC logs for Thursday, March 12, 2026
Gemini Links 13/03/2026: "Someone to Take Over Antenna" and Random Seed/RNG
Links for the day
By Expanding to Advocacy of Ponzi Schemes and Bill Epsteingate (Sex Trafficking), Linux Foundation Revenue Grew to $220,730,594, But Salary of Linus Torvalds Not Even in Top 10 Anymore!
true!
In the Name of Transparency, Today We Show Our Defence and Counterclaim
already uploaded by the other side
IBM Cannot Even Do Payroll, Now a "Legitimate Target" of Iran
Missiles or not, it seems like IBM systems will be targeted more by cybercriminals
Links 12/03/2026: Heating Bills to Soar, "Banks in Gulf Evacuate Their Offices"
Links for the day
Gemini Links 12/03/2026: On Phone Anxiety and Bjorn "Looking for Someone to Take Over Antenna"
Links for the day
Cultification: best candidates avoiding Debian leader elections
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) et al Cited in 'Nature' (Journal/Site) Today, "CODE beyond FAIR"
Under Open Access
The Register MS, on Verge of Collapse, Keeps Promoting a Ponzi Scheme for China
Publishers that participate in this simply don't care about their readers
Overview of False Narratives and Lies Used to Lower Salaries at the European Patent Office (EPO), Abandoning Patent Quality and the EPC
Many of the latter slides are the same as Munich's
Links 12/03/2026: Atlassian Layoffs, GAFAN Covering up Slop-Induced Outages, "Age-verification in Operating Systems and the Internet"
Links for the day
The EPO's President, Who Covers Up Cocaine Use, is Trying to Suppress Communication Between EPO Staff Under the Guise of 'Privacy' (and in Defiance of a Court Ruling)
Why does Europe's second-largest institution: 1) curtail communication among staff (including union) and 2) go out of its way to avoid obeying a court order from ILOAT in Geneva?
Exactly One Week Before Next EPO Strike, Media Intentionally Not Mentioning EPO Strikes
One form of propaganda technique/s involves the systematic suppression of certain topics, or of particular "narratives"
Microsofters' SLAPP Censorship - Part 10 Out of 200: Showing Public Tweets is Not a Privacy Violation, But This Isn't About Justice, It's About Censorship
It's time to put a stop to this abuse of process (which is what the Judge deemed it to be last year)
Suicide of disgruntled employee? Bus fire at Kerzers / Chiètres, Switzerland, at least six dead
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 11, 2026
IRC logs for Wednesday, March 11, 2026
Gemini Links 12/03/2026: "on Urbit" and the True Cost (or Criticism) of "Social Control Media"
Links for the day