07.25.07

Gemini version available ♊︎

Patent Lawyer in Microsoft’s Defense on GNU GPLv3 Issues

Posted in GPL, Law, Microsoft at 6:21 am by Dr. Roy Schestowitz

Hmm… an article quoting an attorney who argues Microsoft is immune to GPLv3. To quote the less pro-Microsoft parts:

These [Linux] partnerships, in some cases, restrict the freedoms normally associated with the use and distribution of open source software.

To combat this strategy, the Free Software Foundation (FSF), authors of the General Public License (the open-source license under which most future open-source applications are expected to be distributed), have included new provisions in the third version of this licence that are designed to turn such patent-protection deals to the advantage of the open-source community.

[...]

“If you ever have to defend your patent in court, you have to prove that there wasn’t any prior art. The other party is likely to cite similar ideas to your patent to disprove it. It’s possible some could be struck down.

“These patents are worth more to Microsoft challenged than unchallenged,” she added.

I have spent a quarter of an hour trying to identify ties (if any exist) between the individual/firm and Microsoft. No strong evidence can be found, so they might as well get the benefit of the doubt on this one.

With media placements such as this one from C|Net (published just yesterday), you never really know. This particular one comes from a business that sells Windows products. It takes cheap shots at Linux laptops which threaten the business and C|Net offers this FUD some room. This happened a lot in the past. The EU, ODF, GPL, and Linux got criticized in C|Net, usually by well-know Microsoft lobbyists such as CompTIA.

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

2 Comments

  1. Simon said,

    July 25, 2007 at 8:29 am

    Gravatar

    Well ianal, but this interpretation makes sense to me – that MS can’t be bound to gplv3 by actions they took before gpl3 existed. However, it has made them publically disown any involvement with gpl3 code and state that their agreement with novell does not apply to gpl3 code. So essentially, as soon as Novell start to distribute gpl3 code, as they have said they will, those patent covenants become, for novell customers, a promise from MS only not to sue them for use of non-gpl3 code (and thus Novell cannot claim that sles is immune from ms patent agression). As more gpl3 code gets incorporated novell loses more of its ms patent based supposed advantage and the impact of the deal fades and dies completely after the fice years is up.

    Of course, if MS can be snagged in some way (the vouchers arguably might allow this, no-one knows until someone has a good look at the wording) – so that Novell distributing gpl3 code extends ms patent protection to everyone using that code – that’s even better.

  2. gpl1 said,

    July 25, 2007 at 9:03 pm

    Gravatar

    The GPL is not a contract. This lawyer doesn’t seem to understand the copyright issues of a Free Software license when she’s talking about contracts and meeting of the mind issues.

DecorWhat Else is New


  1. Gemini as a Platform for Gamers

    Contrary to what people often assume (or are led to assume), even without client-side scripting Gemini can accomplish a great deal; early adopters, many of whom are technical, test the limits of the very minimalistic (by design and intention) specification



  2. Improved Workflows: Achievement Unlocked

    Today we've completed a bunch of small projects that can make us more efficient (e.g. more Daily Links per day, more articles); the above video was recorded many hours ago to accompany the outline below



  3. Links 26/11/2021: New Complaint About Microsoft Competition Crimes in Europe, EuroLinux 8.5, GhostBSD 21.11.24, and Kiwi TCMS 10.5 Released

    Links for the day



  4. Links 26/11/2021: F35 Elections, Whonix 16.0.3.7, OSMC's November Refresh With Kodi 19.3

    Links for the day



  5. IRC Proceedings: Thursday, November 25, 2021

    IRC logs for Thursday, November 25, 2021



  6. IRC Proceedings: Wednesday, November 24, 2021

    IRC logs for Wednesday, November 24, 2021



  7. Links 25/11/2021: PHP 8.1.0 Released and Linux 5.15.5

    Links for the day



  8. IBM as Master of Hypocrisy

    Free software projects and Free software developers have long been humiliated by corporations of Western misogynists, falsely claiming that the Free software community isn’t inclusive enough (these are shameless projection tactics; as a matter of public record, the exact opposite is true) and even the eradication of supposedly offensive language isn’t something IBM takes seriously



  9. Links 25/11/2021: LibreOffice 7.2.3 and Mesa 21.2.6 Released

    Links for the day



  10. [Meme] So Desperate That Edge Cannot Even Exceed 4% That They Block Rival Web Browsers

    Linux/Android/Free Software/GNU (they go by very many names/brands) may continue to grow to the point where Windows is as irrelevant as Blackberry; this means that Microsoft’s grip on the Web too has slipped — to the point where Microsoft frantically uses 'bailout' money to hijack LinkedIn, GitHub, etc. (it also rebrands almost everything as "Azure" or clown to fake a perception of growth)



  11. Windows Vista Service Pack 11 (Vista 11) Has Failed to Curb the Growth of GNU/Linux

    Windows market share continues to decrease in spite of billions of dollars spent bribing the media for fake hype, especially in light of a new Windows Service Pack (SP), Vista SP 11



  12. Links 25/11/2021: Proton 6.3-8 and Linux Mint Compared to Ubuntu

    Links for the day



  13. 3.5 Years Later the 'Master' of Fedora is Still Microsoft and IBM Cannot Be Bothered to Alter Git Branch Names (Refuting or Ignoring Its Very Own Directive About Supposedly Racially-Insensitive Terms)

    Today we demonstrate the hypocrisy of IBM; years after telling us that we should shun the term "master" and repeatedly insisting it had a racist connotation at least 65 Fedora repositories, still controlled by Microsoft, still use "master"



  14. Changing the Arrangement While News is a Bit Slow(er)

    I've made it easier for myself to keep abreast of things like IRC channels and networks (incidentally, a day ago Freenode reopened to anonymous logins) and I've improved monitoring of the Web sites, Gemini capsule etc. (this video is unplanned and improvised)



  15. Links 24/11/2021: Alpine Linux 3.15 and Endless OS 4.0 Released

    Links for the day



  16. [Meme] Jimmy Zemlin Loves Microsoft

    It’s funny, isn’t it? Lying for a living and sucking up to the liars pays off; you get to plunder actual Linux users while leaving Linux morally and financially bankrupt



  17. Links 24/11/2021: PHP Foundation and Flatpak Criticisms

    Links for the day



  18. IRC Proceedings: Tuesday, November 23, 2021

    IRC logs for Tuesday, November 23, 2021



  19. Links 24/11/2021: Rust Crisis and Team UPC Still Faking 'Progress'

    Links for the day



  20. Links 23/11/2021: New GNU Parallel and Memories of David H. Adler (Perl, Raku)

    Links for the day



  21. In Light of Fast-Accelerating Deterioration -- Sometimes Weaponisation -- Getting Off the World Wide Web (to the Extent Feasible) Makes You Saner and Less Susceptible to Manipulation, Lies

    Almost no sites are speaking about it (probably because they have no presence on the Internet except on the Web), but it's time to motivate more people to get off the Web, for their own good and for society's sake...



  22. Black Friday SPAM on the World Wide Web: A Reminder That the Web is a Dying Platform, Languishing Due to Marketing and Misinformation

    The junk that overruns the Web this 'Black Friday' week (consumerism 'on steroids') is a good reminder that the Web isn't healthy for the mind anymore; it's mostly spying on people, trying to compel them to buy particular things or vote a certain way



  23. Microsoft-Led Misinformation Campaign About Germany and Munich Reminds Us That Microsoft Hates and Actively Undermines GNU/Linux Adoption

    Regarding the latest moves to GNU/Linux in Germany we have 3 points to make



  24. Links 23/11/2021: Libreboot 20211122, Deepin Linux 20.3, Amazon Linux 2022, and Mabox Linux 21.11 Released

    Links for the day



  25. IRC Proceedings: Monday, November 22, 2021

    IRC logs for Monday, November 22, 2021



  26. Links 22/11/2021: EasyOS Dunfell 3.1.11, Microsoft 'Extends' Mesa for Windows

    Links for the day



  27. Microsoft's GitHub is Hugely Toxic and It Censors Critics of Corporations or People Sceptical of Those in Power

    Sociopaths have taken over GitHub and control over GitHub (by Microsoft) is being shamelessly misused, just as we’ve warned all along; GitHub is social control media/network for code, asserting control over projects and developers by means of censorship and other sanctions



  28. EPO Staff Engagement Survey Predates the Pandemic and Provides False Assumptions for EPO Policies or Policy-Setting

    The EPO ticks a box for "surveying the staff", but is it actually listening? Is that done often enough? It was last done almost 3 years ago...



  29. Links 22/11/2021: Claws Mail 4 Enters Debian and Catch-up With Legal Matters

    Links for the day



  30. [Teaser] Nat Friedman and Alex Graveley “Best Friends”

    With “many others confirming his connections to Nat,” our source notes, and “pictures of them together on Flickr,” it will be hard to deny the strong connection (the above messages by Miguel de Icaza confirm this goes a long way back)


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