Bonum Certa Men Certa

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

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?

Schedules?

Budgets?

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.

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:

http://www.mutantdesign.co.uk/downloads/ExpressEmails1.html http://www.mutantdesign.co.uk/downloads/ExpressEmails2.html

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:

https://www.redhat.com/archives/fedora-extras-list/2006-January/msg00588.html

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."

http://gregdek.livejournal.com/3597.html

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:

http://www.0xdeadbeef.com/weblog/?p=188

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:

http://gregdek.livejournal.com/4008.html

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."

Comments

Recent Techrights' Posts

Andrew Lee Has Turned Freenode Into a Slopfarm (Because Who Needs IRC Anyway?)
The site is churning out slop all day long
SLAPP Censorship - Part 168 Out of 200: When Choosing Clients Recklessly and Poorly Self-Harm is Inevitable
"If you're doing something hard and nobody hates it, you probably aren't doing it. If the right people hate it and those people happen to be some of the worst people alive, so much the better."
 
Not Only Microsoft and IBM Hide Layoffs (Secret Layoffs) and Fail to Follow the Law (or Bypass It)
Microsoft's tactics are not so unique
People Who Participate in the Slop Plagiarism Pyramid Scheme and the Moral Dilemma (What's Acceptable for a Salary?)
giant pyramid scheme
State of the Slop, Linux Edition
Whether slop about "linux" becomes rarer by the end of this year, well... time will tell
Links 02/09/2026: 'Open' 'AI' (Proprietary Slop Plagiarism) Destroying Evidence, "Data Center Backlash Has Officially Rattled Scam Altman"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 01, 2026
IRC logs for Tuesday, September 01, 2026
FSF Staff Uses 'CoC' to Stop Conversation About Autistici/Inventati in Relation to Free Software
The list is already heavily moderated
IBM Allegedly Stopped Hiring (This Tends to Coincide With Mass Layoffs)
Is a hiring freeze an echo of layoffs? Yes, definitely.
Something Big is Happening at IBM This Week/Month
Some people at IBM (and Red Hat) are panicking
Gemini Links 01/09/2026: Biscuits, Epstein Files, Power Users, and Alhena 5.6.8
Links for the day
Links 01/09/2026: Almost 5,000 Missing/Dead in Nepal-China Flood and Marijuana Factory Explodes
Links for the day
September at IBM: Silent Layoffs on Day 1
PIPocalypse at IBM
Last Month IRC Entered Its 39th Year and It's Still Growing (New IRC Networks)
There are 511+ known IRC networks
Links 01/09/2026: Climate, Disinformation, Microsoft Overworking People
Links for the day
Richard Stallman's Site Still Offline (Third Day), But Richard Stallman is Active Online
he is busy online despite his site not being accessible so far this week
PIP Layoffs at Microsoft, Even in India
Microsoft is trying to hide the true scale of the layoffs
Layoff Trackers Are a Sham, They're Like US 'Unemployment Data'
Layoff trackers are similarly misleading as they only measure what companies openly admit and register with WARN notices
The Peculiar Case of OSNews, Which Experiments With Slopfarming
It wasn't published in error. It has been there for two months.
Russian Federation is Removing Windows From Computers
Windows is going "out of fashion"
XBox CEO Has No Clue What She is Selling
Some people believe Microsoft will parcel and offload the whole "gaming" unit to some other companies
analognowhere.com and xkcd.com Selling Physical Copies of Webcomics
That's one way to support their work
PIP/GVSA at Microsoft: Mass Layoffs Disguised as Something Else
Microsoft is trying to cheapen the workforce because the numbers don't add up
Microsoft Lunduke Uses Twitter ("X") Because It's Algorithmically Designed to Boost His Worldview/s, He Ignores What "X" Is
Maybe all those people really deserve one another
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 31, 2026
IRC logs for Monday, August 31, 2026
Censorship by Threats
It should be noted that the Web site of Richard Stallman will soon enter its third day of downtime
In Romania, GNU/Linux Reaches 6%, According to Clownflare
Tomorrow we'll see the latest data from statCounter (for September)
Gemini Links 01/09/2026: Denali Park Train Trip, Crafts, and Community-Building in smol.pub
Links for the day
Microsoft Workers Doing 80 Hours a Week After Microsoft Culled Their Colleagues
there are days when they work 17 hours a day (barely any time left to sleep and eat) and work starts at 5AM
IBM Defrauds Shareholders With Fake News (Bribed Press) About "Quantum"
That says a lot about the state of "Tech Giants" and also the utterly shameless state of the media
Record Highs for GNU/Linux, Especially in the United States of America
the "market share" of GNU/Linux is about 9%, still about a third of what Vista 11 stands at
PIPocalypse at IBM
Silent layoffs
Spending Over a Million Bucks on Lawsuits Abroad When There's a Big Mortgage to Pay in America
Priorities, priorities...
Gemini Links 31/08/2026: Announcing ROOPHLOCH 2026, smol.pub Discussion, and LLM Plagiarism Engines Target Geminispace
Links for the day
Richard Stallman's GNU Turns 43 in 4 Weeks, FSF Growing
In a few weeks GNU turns 43
IBM's Cuts Are Worsening Security in GNU/Linux
IBM is still run by the same idiot who proposed taking over Red Hat
Microsoft: Work Weekends Too
Microsoft literally working its workers to death
Links 31/08/2026: Anthropic Sued Again for Copyright Infringement of Massive Scale, 'Tokenmaxxing' Shows Slop is a Worthless Liability
Links for the day
Links 31/08/2026: "Teslas Are Still Driving Into Oncoming Freight Trains" and "LLM Moats Quickly Evaporating"
Links for the day
Stallman Has Explained Slop is "Marketing Hype Campaign" and Torvalds Agreed. The Difference is the Bribes.
So be like Stallman
Debian Project Discards About 25% of the Votes on LLM Slop, Microsoft Votes in the General Resolution (GR)
"[t]he rules of the vote saw community members asked to rank each of the eight proposals. Just under 600 people voted, but Debian’s election team rejected many for unspecified reasons, leaving almost 450 valid votes to count."
Essentiality of Rest and Killing Oneself for Vicious Companies
Working for Microsoft is foolish
In the UK, Bing (Microsoft) Down to Lowest Level Since January
our tax money being passed to Microsoft via MoUs (back door deals with kickbacks)
SLAPP Censorship - Part 167 Out of 200: The Court of Appeal Might be the Next Step
Today is our last vacation day
German Government Sponsors IBM Because of GNU/Linux
Flatpak is sponsored by, run, and controlled by IBM
Richard Stallman Speaks to Christine Hall of FOSS Force, stallman.org is Down for Over a Day
interview does a good job addressing the hype about LLMs too
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 30, 2026
IRC logs for Sunday, August 30, 2026
Gemini Links 31/08/2026: Holidays, Stream of Consciousness, and Posting Online
Links for the day