07.05.07

GPLv3 Cluebat Hits Microsoft, Which Has Just Entered the ”Denial” Stage of Its Agony (Updated)

Posted in FSF, GNU/Linux, GPL, Linspire, Microsoft, Novell, Xandros at 11:36 pm by Dr. Roy Schestowitz

Remember those famous stages of agony? Well, Microsoft shows us what they are all about. Here is the latest news:

Microsoft Says It Is Not Bound by GPLv3

Microsoft cleared the air July 5 on its obligations to GNU General Public License Version 3 support, declaring it will not provide support or updates for GPLv3 under the deal it penned in November with Novell to administer certificates for the Linux distribution.

Who didn’t see that coming? Microsoft has expressed anger and frustration whenever GPLv3 was mentioned and whilst it evolved towards completion. Some said this might even lead them to the courtroom. Their failing plan is now facing a real roadblock. Those plotting to ‘kill’ Linux (or change the way it is distributed using ‘innovation tax’) face the realisation that more projects will gradually upgrade their license and leave Microsoft’s partners well behind. Thus, Microsoft’s Linux is becoming very undesirable, even stranded.

As I very recently stated, a lot of people fell victim to ‘placements’ in the media and they now associate GPLv3 (or even GPL) with something very negative. It is important that people check who writes about the GPL and what hidden interests/affiliations are involved. As Richard Stallman put it quite recently:

They [people who spread GPLv3 FUD] usually disagree cause they disagree with the GPL’s goal of guaranteeing freedom for every user. Defend the users’ freedom, don’t listen to them… We have to defend the users’ freedom against these threats.

In a series of short articles (here is one on devices), Bruce Perens has been trying to bust GPLv3 myths, but this probably hasn’t reached a wide enough audience. GPLv3 sabotages Microsoft’s plans to hurt Linux. The latest developments demonstrate this very well. They are in agony.

Update: here is the full statement from Microsoft:

“Microsoft is not a party to the GPLv3 license and none of its actions are to be misinterpreted as accepting status as a contracting party of GPLv3 or assuming any legal obligations under such license.

While there have been some claims that Microsoft’s distribution of certificates for Novell support services, under our interoperability collaboration with Novell, constitutes acceptance of the GPLv3 license, we do not believe that such claims have a valid legal basis under contract, intellectual property, or any other law. In fact, we do not believe that Microsoft needs a license under GPL to carry out any aspect of its collaboration with Novell, including its distribution of support certificates, even if Novell chooses to distribute GPLv3 code in the future. Furthermore, Microsoft does not grant any implied or express patent rights under or as a result of GPLv3, and GPLv3 licensors have no authority to represent or bind Microsoft in any way.

At this point in time, in order to avoid any doubt or legal debate on this issue, Microsoft has decided that the Novell support certificates that we distribute to customers will not entitle the recipient to receive from Novell, or any other party, any subscription for support and updates relating to any code licensed under GPLv3. We will closely study the situation and decide whether to expand the scope of the certificates in the future.

As always, Microsoft remains committed to working with the open source software community to help improve interoperability for customers working in mixed source environments and deliver IP assurance. Our partnerships with Novell and other Linux platform and desktop providers remain strong and the IP bridge we built with them, embodied in our collaboration agreements, remains intact. In particular, our technical and business collaboration with Novell continues to move full steam ahead, including our joint development work on virtualization, standards-based systems management, identity interoperability and document format translators. In addition, the patent covenants offered by Microsoft and Novell to each other’s customers are unchanged, and will continue to apply in the same way they did previously.”

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2007/07/05/microsoft-in-denial/

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

4 Comments

  1. shane coyle said,

    July 6, 2007 at 4:53 am

    Gravatar

    Not shocking, really, I never thought Novell et al were going to touch anything under V3 that is affected by their exclusionary patent deals, or should I say I never thought MS would allow them to.

    However, MS taking so much time to deny being bound by V3 sounds like an implicit admission that they are bound by V2, which provides us all a bit of protection at least.

    Where’s my damn source code?

  2. Roy Schestowitz said,

    July 6, 2007 at 5:12 am

    Gravatar

    I’ve collected a couple of interesting short pieces that say more about this predictable development.

    MS: Dancing as fast as it can to try to get away from GPLv3

    ant to laugh? Microsoft Says It Is Not Bound by GPLv3″ — they think they can so declare, like an emperor, and it becomes fiat. It’s not so easy. I gather Microsoft’s lawyers have begun to discern the GPL pickle they are in.

    Microsoft Issues Statement Concerning the GPLv3 and Novell Agreement

    Well, I’ve already included it verbatim in the update above. There’s also this one:

    Commentary: Some Linux Vendors Dance with the Archfiend, Microsoft

    What is the future remedy for the open source community? Its called the GNU General Public License version 3. The GPLv3 has specific clauses to prevent the surrender of open source code to third parties who use discriminatory patent licenses, such as the recent Novell/Microsoft agreement. However, the GPLv3 is not retroactive. The developer has to move his or her code to GPLv3 and all previous versions remain licensed under whatever license that version of code happened to use. The GPLv3 already has an effect on Microsoft. Just yesterday, Microsoft said they will not distribute any Novell certificates that contain GPLv3 code.

    In short, Microsoft is not happy. The FSF has the upper hand. On the face of it, Apache sort of shows its support for GPLv3, but that’s worth a separate post. It’s just another example of the growing list of GPLv3 supporters.

  3. John Drinkwater said,

    July 6, 2007 at 5:35 am

    Gravatar

    The best line imho from the statement “Furthermore, Microsoft does not grant any implied or express patent rights under or as a result of GPLv3″

    Are they saying here, that if any part of their SuSE voucher distribution is covered by GPLv3, then their statement applies, and they aren’t granting patent rights? That violates GPLv3 certainly…

  4. Roy Schestowitz said,

    July 6, 2007 at 6:41 am

    Gravatar

    John, look what Groklaw says. :-)

    http://www.groklaw.net/article.php?story=20070705205728953

    “Microsoft Says It Is Not Bound by GPLv3 — they think they can so declare, like an emperor, and it becomes fiat.”

What Else is New


  1. IRC Proceedings: Thursday, June 24, 2021

    IRC logs for Thursday, June 24, 2021



  2. Links 25/6/2021: China's Space Programme Runs on GNU/Linux (Kylin), Ubuntu 21.10 Wallpaper Competition

    Links for the day



  3. Links 24/6/2021: Sparky 2021.06 and KMyMoney 5.1.2

    Links for the day



  4. Politicians Need to Crack Down on Microsoft's Monopoly Abuse Amid Yet More Attacks on Linux (Even From the Inside)

    The most abusive 'tech' company (akin to a cult disguised as "software company" since the 1970s) is distracting lawmakers and attacking Linux from the inside; thankfully, those insipid plans of theirs face major backlash from longtime kernel developers and GNU/Linux users



  5. [Meme] Timely Timing?

    There’s a hearing next week and the timing is a bit interesting (journalists away from their desks, most English-speaking lawyers also on holiday)



  6. IRC Proceedings: Wednesday, June 23, 2021

    IRC logs for Wednesday, June 23, 2021



  7. Virtual Injustice -- Part 15: A Pandora's Box... But for Whom?

    EPO insiders suspect that Campinos is trying to supplement the "absentee governance" of the Administrative Council with a new layer of "remote management" based in Alicante



  8. Links 24/6/2021: End of Akademy 2021 and Good News From SCOTUS (About PTAB)

    Links for the day



  9. Links 23/6/2021: TeXmacs 2.1 and Blender LTS Support

    Links for the day



  10. How to Install and Then Use NetSurf as a Web Browser for the User-Centric Web, Not 'GAFAMNet'

    Today we take a quick look at what it's like to actually install NetSurf (some distros, like some Xfce-based ones, are bundled with it); we then take it for a spin



  11. Shifting Back to Fundamentals and Basics of the World Wide Web (and Gemini)

    Gemini protocol or simplified Web might be the way to go; it's easier to maintain, secure, and it's vastly better in terms of performance



  12. First I Came

    Time after time people will be reminded — or learn the hard way — that self reliance and avoidance of disappointment typically requires self-hosting, proper standards, free software, and simplicity, not outsourcing, large frameworks, and other kinds of unnecessary complexity



  13. IRC Proceedings: Tuesday, June 22, 2021

    IRC logs for Tuesday, June 22, 2021



  14. Time for Linus Torvalds to Enforce and Protect His Brand From Misuse by His Employer, the So-called 'Linux' Foundation

    The gross misuse or misapplication of the brand "Linux" is being highlighted in this video about the latest examples. It has gone too far; whether Linus Torvalds wishes to rock the boat that’s the so-called ‘Linux’ Foundation is totally up to him, but it might help if people contact him directly, especially longtime users and proponents of GNU/Linux.



  15. Links 23/6/2021: WordPress 5.8 Beta 3 and More Openwashing by LF

    Links for the day



  16. Links 22/6/2021: KDE Plasma 5.22.2, FreeBSD 13.0 Compared to DragonFlyBSD 6.0

    Links for the day



  17. “Linux Foundation Partners With Microsoft” Again

    Jim "Open Source Loves Microsoft" Zemlin shows (or rears) his face again, and as usual it’s just more promotion of marketing rubbish and openwashing of Microsoft (several new partnerships with Microsoft announced just hours ago)



  18. Links 21/6/2021: NVIDIA’s DLSS and Most Beautiful GNU/Linux Distributions

    Links for the day



  19. Neil's Misgovernment

    The GNOME Foundation has one member of staff fewer; the attack on the founder/father of Free/libre software activism and GNU (the "G" in GNOME) failed and backfired spectacularly



  20. IRC Proceedings: Monday, June 21, 2021

    IRC logs for Monday, June 21, 2021



  21. Virtual Injustice -- Part 14: How Mandatory ViCo Became the “New Normal”

    How mandatory ViCo hearings gradually became the "New Normal" at the EPO



  22. Links 21/6/2021: Rocky Linux 8.4, IPFire 2.25 - Core Update 157, and SUSE Linux Enterprise 15 SP3

    Links for the day



  23. There Are Bigger Scandals Than Revisionism and Brand Dilution at the Linux Foundation

    There are some misconceptions that need tackling; back in February (more than 4 months ago) the so-called 'Linux' Foundation decided to associate with yet another controversial drive that has nothing to do with Linux; some people think it's a new thing and leap to conclusions



  24. Techrights Video Gallery Without JavaScript

    Some of the improvements made this morning to the gallery of recent videos



  25. IRC Proceedings: Sunday, June 20, 2021

    IRC logs for Sunday, June 20, 2021



  26. Links 21/6/2021: Linux 5.13 RC7, IRC.com by Freenode

    Links for the day



  27. Virtual Injustice -- Part 13: Let the Games Continue…

    "It would be nice to think that the events of 28 May have given the Enlarged Board pause for thought."



  28. Links 20/6/2021: Akademy 2021 Underway and Linux Foundation Blasted

    Links for the day



  29. EPO: Fake Patents, Fake (Paid-for) Patent Coverage, and Fake Awards for Public Relations Purposes

    The media has been thoroughly corrupted, patent legitimacy has been severely damaged (far too many European Patents aren't in compliance with the EPC anymore), and Team UPC is trying to undermine the EPC and turn Europe into another Texas



  30. Changes in IRC and New Features Over Gemini Protocol or the World Wide Web

    We examine more closely some of the latest changes in the site and the capsule (Web and Gemini, respectively); we show that it’s possible to keep abreast of IRC using nothing but a text editor, a Gemini client… or even the command line alone


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