Bonum Certa Men Certa

Moonlight: Patent Bait Inside Your GNU/Linux Distribution

Why sue? Just cross-licence. Same thing, looks better.

We have been denouncing and protesting against Moonlight's legal baggage since the very beginning. Miguel de Icaza joined in, but he woke up to smell the coffee when it was a little too late. He had already implemented the little monster. He trusted Microsoft and wanted us to trust his deceptive friends from Microsoft, too.



Head over to Groklaw and find out just why Moonlight is poison inside your GNU/Linux box, unless you're a paying Novell customer. The concluding sentence:

My conclusion now, after having reviewed it, is the same as I predicted. This is worthless and potentially harmful vapor-speak.


Fortunately, adoption of Silverlight is poor, so whichever desktop environment or distribution you're using, you might never require Mono. You can vocally object if Webmasters use this technology, which excludes Microsoft's #1 competitor (as confirmed by Ballmer back in February and implicitly acknowledged by Ray Ozzie only yesterday). Don't permit Microsoft to tax the Free Desktop.

“Without a fight, let alone a disclosure, it's even worse to surrender if you have counterparts like Mandriva, Ubuntu, Red Hat, etc.”As a side note, the term "Linux tax" seems to be used spuriously at the moment. It talks about the cost of PCs with GNU/Linux preinstalled. Can you sense an ambiguity here? Should "Linux tax" not be a referral to the equivalent of "Windows tax", wherein Microsoft uses mythical software patents to threaten vendors until they pay for GNU/Linux (thus the term "Linux tax")? These are two separate things.

NetApp's lawsuit against Sun ought to teach us about the risk of allowing Free software to be taxed; there are lessons to be learned here. As the latest development shows, software patents may be moot in the court of law (see fragment below), so the worst one can do is give up and pay up like Novell did. Without a fight, let alone a disclosure, it's even worse to surrender if you have counterparts like Mandriva, Ubuntu, Red Hat, etc. Novell should work with them, not against them (with Microsoft).

Portfolio Media, New York (May 27, 2008)--A judge has partly stayed software company Network Appliance Inc.'s patent lawsuit against rival Sun Microsystems Inc. over Sun's ZFS technology, pending the U.S. Patent and Trademark Office's re-examination of one of the patents in the suit.


One reader wrote to us just moments ago. He explains this situation better than we have:

"I saw it mentioned that Microsoft has "never sued anyone for patent infringement." Some even go so far as to make the silly assumption that they do not like patents. That may have been true in the beginning, when Bill Gates wrote his now-famous memo on software patents in the early '90's. Now, Microsoft has made their peace with patents.

“They are in a bind at present, but they certainly are not suing out of benevolence. As Bill Gates said, "if you can't make it good, at least make it look good."”"I can recall generally an instance several years ago where there was a free software project which aimed to be able to play Windows media files. It was shut down due to patent threats from Microsoft, when the author decided he couldn't afford to defend a possible suit in court. In recent times, their attitude could well be summarised with "why sue when you can generate FUD and cross-licensing deals with threats?" Also, there are some good reasons for Microsoft to hold fire and not try to assert their patents in court.

"The first is that they may get a negative outcome in that their patent would be ruled invalid and they would be faced with a countersuit. Another reason is anti-trust related. I doubt the anti-trust authorities would look favourably on it if Microsoft tries patents as a further method to exclude competition. They are now testing the waters with their appeal of the latest EU sanctions to see if the court will see things their way and somehow rule that, yes indeed, intellectual property rights do trump anti-trust laws. Finally, Microsoft is making all of these soothing noises about "openness" lately, which include "covenants not to sue." They may be afraid of a negative public relations backlash if they were to sue an open source project at this time. They are in a bind at present, but they certainly are not suing out of benevolence. As Bill Gates said, "if you can't make it good, at least make it look good." If they wanted to make it good, they wouldn't sue *and* they wouldn't make patent threats in the first place."

Related readings:



Monopoly

Comments

Recent Techrights' Posts

Tons of Anti-Linux 'Articles' Published by Bots (LLMs), Maybe Microsoft's
Upon closer inspection, all this FUD turned out to be LLM garbage
Ubuntu Desktop Director of Engineering Has Only One Blog Post. It Promotes Microsoft Windows.
Remember that even 15 years ago (more or less, maybe 16 years ago) Canonical appointed a a 'former' Microsoft manager (Spencer) to lead Ubuntu on the desktop
IBM Red Hat on "era of cloud computing", pushing "hey hi" (AI) hype in Microsoft Azure
LLM slop might actually be more benign than Microsoft promotion
Corruption and Rule-Breaking Prevail at the European Patent Office (EPO), Europe's Second-Largest Institution
The law does not really exist at the EPO; it can be perceived as merely a "recommendation"
404 Media Says "Workers at NASA Told to Drop Everything to Scrub Mentions of Indigenous People, Women from Its Websites" But There's Also Accessibility in the Firing Line
In the case of abandoning accessibility, everyone stands to be hurt and proprietary software can be brought in to replace standards
 
Professor Eben Moglen on How Social Control Media Metabolises Humans and Constrains Freedom of Thought
Nothing of value would be lost if all these data-harvesting giants (profiling people) vanished overnight
Social Control Media is Narcissism
Nowadays there's a lot more literature and even press coverage explaining the harms of Social Control Media
Debian Left Twitter (MElon "X"), We Think the Free Software Foundation (FSF) Should Do the Same
What would the FSF really lose if it stopped posting there?
statCounter Sees GNU/Linux Share Doubling in China Over the Past Year
It'll be interesting to see what data in the coming months shows
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 06, 2025
IRC logs for Thursday, February 06, 2025
Richard Stallman (RMS) Confirms Next Week's Talk in Europe
He gave at least 2 talks in Europe last month
Nationalism As A Service (NaaS) by Microsoft Azure, Gutting the US Government for Profit
Will Microsoft be receiving bailouts as a reward for all this?
Rumours of IBM Layoffs Apparently Confirmed Yesterday, IBM Canada Consulting Impacted (as Rumoured)
when IBM has layoffs we must also read it as Red Hat layoffs
Gemini Links 06/02/2025: Voicemail Sucks and Night of Lights
Links for the day
Links 06/02/2025: YouTube Takedowns Out of Control, 'DOGE' Breaking Laws
Links for the day
statCounter: More Countries Where Windows is Around 1% "Market Share" (People Have Moved to Android/Linux)
in some nations Windows is already 1% or less
When BetaNews Writes Real Articles About "Linux" They Promote Windows
The Web is in a bad state. We need to at least try to correct this.
Gemini Links 06/02/2025: Cynicism and "Real Magic on the C64"
Links for the day
Links 06/02/2025: New Sanctions, Layoffs, and Executive Orders
Links for the day
Distros and Desktop Environments, Devices
GNU/Linux focused
New Rumours of IBM Layoffs in 2025, IBM Consulting Still Struggles, Based on Management
"Hey hi" (AI) has been a common excuse for business failure
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 05, 2025
IRC logs for Wednesday, February 05, 2025
Links 05/02/2025: Kessler Syndrome and News Online
Links for the day
statCounter: Monaco Now 7% GNU/Linux ("Proper")
GNU/Linux, not counting Chromebooks, is on the rise
Many Parts of Google Lose Money
It's quite apparent that many parts of Google - even some that rely on ad revenue or push ads - aren't profiting
European Internet Forum (EIF) is Dominated by American Corporations and Microsoft Lobbyists, Staff Take the Lead
Should the officials over here or the European Parliament pay attention to these people?
Links 05/02/2025: Connection without Connectivity and Unionised Grocery Workers
Links for the day
Just Because People on Top of the Microsoft Pyramid Made a Lot of Money Doesn't Mean Microsoft is Wealthy
The bigger they are the harder they fall
Gemini Links 05/02/2025: Learning, Madman Ruling a Mad Country, Back in Geminispace
Links for the day
statCounter Shows "WIntel" Chasing a Dying Market
Microsoft acts as if it's running out of money
Free Software Foundation, Inc. (FSF) Still Raising Money, Richard Stallman Contributes
total exceeding $430k
A Lot of Stuff About "Linux" in Google News is LLM Slop, Fake 'Articles'
It seems to be getting worse
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 04, 2025
IRC logs for Tuesday, February 04, 2025