05.20.09

Microsoft and the Linux Foundation Not “Best Friends Forever”

Posted in Deception, GNU/Linux, Kernel, Law, Microsoft at 2:48 pm by Dr. Roy Schestowitz

Cupid

Summary: Refutation of spin by pro-Microsoft journalists

WE COULD NOT help noticing that Microsoft boosters are characterising consent on a triviality as some sort of a peace deal between Linux and Microsoft. Mary Jo Foley, for example, tries to insinuate that Horacio Gutierrez, one of the key people behind the legal assault on Linux, is somehow changing his feelings or mind. It’s not true at all. Wishful thinking.

Truth can, indeed, be stranger than fiction — as is evidenced by a May 14 letter on software-licensing policies that was signed by both Microsoft and Linux Foundation officials.

The letter, which the two sent to to the American Law Institute (ALI), was designed to “express our shared concerns with the group’s draft Principles of the Law of Software Contracts,” according to a blog post by Horacio Gutierrez, Microsoft’s Corporate Vice President and Deputy General Counsel.

All the early reports about this seem to come principally from Microsoft-focused reporters*, including Nancy Gohring at IDG:

Microsoft, Linux join forces in software law debate

They urge the ALI specifically to clarify a section of its document that concerns warranties on defects in software. The document appears to absolve commercial open-source software from the types of warranties that would be applied to proprietary software. But because many open-source software providers make money, such as through advertising, it’s unclear if such providers would be liable for defects according to the document.

This is not the first time that such a thing happens (even the SFLC and Microsoft), so this is nothing new. It’s about liability. Todd Bishop may have spun this a little too widely when he used the headline: “Best Friends Forever: Microsoft and the Linux Foundation?”

He is spinning this as though Microsoft makes peace with what it sues, constantly threatens, and calls “cancer”. It could not be further from the truth. In this case, two opposing groups found common ground on technical issues of liability, but Microsoft refuses to bury its hatchet (slanderous unspecific claims of patent infringement), so this is not a case of “Best Friends Forever” as Todd Bishop puts it (with a question mark to be fair).

Additional new coverage of this could be found later in:

It is important to observe that Microsoft-oriented reporters are acutely aware of the company’s overly aggressive behaviour. Mary Jo Foley says that she has always been a skeptic. Therefore, in order to perfume what they do (to themselves and to others such as readers) they try to portray Microsoft as a friendly creature that would harm almost no-one. Being sedated is the worst one can do when Microsoft carries on with its “smile while you squeeze the trigger” attitude towards the competition. We wrote about an example of this attitude just a few hours ago (regarding ODF).

“In the last several days Microsoft has shown that despite claims of acquiring a newly found respect for open principles and technology, developers should be cautious in believing promises made by this “new” Microsoft. [...] There is one other fact clear from this case. Microsoft does not appear to be a leopard capable of changing its spots. Maybe it’s time developers go on a diet from Microsoft and get the FAT out of their products.”

Jim Zemlin, Linux Foundation Executive Director

____
* It’s possible that Microsoft or Waggener Edstrom seeded it.

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/2009/05/20/microsoft-linux-foundation-deception/

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

A Single Comment

  1. Yfrwlf said,

    May 21, 2009 at 1:42 am

    Gravatar

    LOL, that’s just great, they sue TomTom for patent legal crap, a huge chilling force in the software world, and then in the same breath say “oooh we’re pals with Linux because of this!” as they talk about the chilling effect “damages” litigation could have if software was held responsible for crashing.

    Attack others when you have the upper hand (patent portfolio) but try to pretend you’re loving when someone is actually a threat (software warranties).

    Yeah, that’s a real change alright.

What Else is New


  1. How We Process and Upload Videos Hosted in Techrights

    With ffmpeg as the Swiss army knife (and various other utilities/programs ‘in between’) it’s possible to automate much of the pipeline associated with video production and self-hosting



  2. Richard Stallman's Free Software Speech in 2020 (FSF Turning 35)

    We've re-encoded (as WebM) the likely sole/only speech Richard Stallman gave about his movement last year; today seems like a suitable time to republish it because tomorrow a British university/group will replatform him (to use their term)



  3. The Chaos Theory

    Making GNU/Linux less stable and less predictable isn't good for GNU/Linux users; but it certainly helps sell Red Hat support contracts and vexation inside the community weakens Red Hat's competitors



  4. Gemini and Techrights: Still Growing in Gemini Space and Always Supporting/Loving the Protocol

    As we continue to expand in Gemini space (where our very large site became a very large and likely the largest capsule) it's worth explaining some of the overlooked merits of the protocol; unlike the World Wide Web (WWW) it does not impose things on the user/visitor, who is more or less in charge



  5. Links 9/5/2021: KDE Frameworks 5.82.0 Release and Patents Related to COVID Subjected to Waivers

    Links for the day



  6. Act More 'Professional' to Appease Mobs

    We should all think alike, dress alike, and like everybody (especially the business overlords)



  7. IRC Proceedings: Saturday, May 08, 2021

    IRC logs for Saturday, May 08, 2021



  8. Some Background on the Free Speech Society at the University of Buckingham, Where Richard Stallman is Being 'Replatformed'

    A private British university, the University of Buckingham, will 'host' (virtually) the most-defamed person in the Free software world; the Free Speech Society is only two years old and rationality for its existence is explained by its co-founder James Oliver



  9. Web Sites or News Sites Perish When Their Arguments Are Weak and/or Invalid

    "Just be honest!" is a simple motto for any site; but some sites sell out in pursuit of money or grandiosity, unlike us (we turned 14.5 years old on Friday)



  10. GNU/Linux Turns 38 (in 4 Months From Now)

    Contrary to what the Linux Foundation wants you to think, the operating system turns 38 later this year



  11. Richard Stallman: Steve Jobs Did Some Very Bad Things

    Dr. Richard Stallman told me about Steve Jobs that he had helped digitally imprison computer users



  12. GNU/Linux Founder Richard Stallman to Give a Talk at the University of Buckingham Tomorrow (Live Stream)

    Tomorrow it will be possible to watch this new talk live using Free software



  13. Then We Take Berlin...

    Homage to EPO, based in Munich and Berlin (and defended by the government in Berlin)



  14. The Right to Assemble, Fundamental Rights of Ownership, and Many Other Rights Are Under Attack

    Techrights will be dealing a lot more with erosion of what people have come to assume were “rights” (real rights, such as human rights, labour rights, not copy “rights” or patent “rights”); when rights are reduced to rubble the long-term consequences are severe, shows history



  15. TechBytes Episode 91: End of Privacy and End of Windows 10X

    Tim and Roy produce their 2nd audiocast since TechBytes returned



  16. The Cancel Song

    People who work for (or receive funding from) Nazi-associated IBM are still trying to turn the work/legacy of Richard Stallman (RMS) into dust/ashes



  17. Pro-Software Freedom Advocates and Free/Libre Software Supporters Face Barriers Due to Domination of Communication Channels (Beyond the Media)

    A carefully-checked assessment of an overlooked aspect surrounding the 'cancel mob', which incites and brainwashes people based on lies; there's an attempt to control channels of communication (e.g. Open and Free Technology Community and Freenode) and to generally suppress people who support the founder of GNU/Linux



  18. Bashing Free Software and GNU/Linux is a Terrible Business Model for Publishers

    Contrary to unflattering portrayals by hostile media that's sponsored by foes of Free software, the usage of Free software grows, even if things such as DRM and surveillance stand in the way of software freedom (which was wrongly assumed to be ushered in by Free software, irrespective of malicious features like 'telemetry')



  19. Links 8/5/2021: GIMP 2.99.6, Wine 6.8 Released

    Links for the day



  20. IRC Proceedings: Friday, May 07, 2021

    IRC logs for Friday, May 07, 2021



  21. [Meme] Outsourcing Audacity Development to Microsoft Proprietary Software and Then Copying Microsoft Tactics (and 'Telemetry')

    They've had the audacity to call it "telemetry" and pretend that surveillance companies (spying giants) cannot figure out who you are based on IP addresses



  22. Links 7/5/2021: IPFire 2.25 Core Update 156 and Diffoscope 174 Released

    Links for the day



  23. The New Microsoft? No, the New IBM.

    Microsoft GitHub and IBM: a strategic alliance between a monopolistic duo



  24. The Audacity Takeover by Muse Group is No Cause for Celebration

    Audacity is now part of an entity called Muse Group and if it doesn’t take or suck freedom out of Audacity, it will certainly deny users rather basic concepts (or anticipation) of privacy



  25. King of Linux

    If the entire operating system is being called "Linux", then we fall for a publicity or misattribution stunt



  26. The Biggest Troll is the Linux Foundation, Still Looking to Provoke and Defame Free Software Communities in Order to Help a Monopolistic Takeover and to Shoehorn Tyrants Into Leadership Positions

    Contrary to what the so-called ‘Linux’ Foundation is trying to say, the most toxic element is itself; it’s maligning the real community while protecting abusive and racist corporations that profit from war and tribalism-motivated hatred



  27. IRC Proceedings: Thursday, May 06, 2021

    IRC logs for Thursday, May 06, 2021



  28. “The Lolita Express” and Prince Bill

    “The Lolita Express” scandals return to haunt pool old Bill, as it turns out his wife was upset and it's quite likely the reason for their divorce



  29. Links 7/5/2021: GNU/Linux Preinstalled, Plamo 7.3, LibreOffice 7.1.3

    Links for the day



  30. The Latest Reports About Bill Gates Serve to Confirm or at Least Reaffirm Many People's Suspicions

    So, just as many people suspected, Melinda Gates did not appreciate her husband sneaking behind her back to meet someone who had trafficked thousands of underage girls for sexual exploitation and there are high-profile calls right now for greater transparency, seeing the impact on the world’s biggest tax evasion vehicle


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