Bonum Certa Men Certa

Official Novell/Microsoft Web Site (MoreInterop) Calls Moonlight “Microsoft Moonlight”

Microsoft Moonlight



Summary: More disturbing details about Moonlight are unleashed

ONE OF our regular participants has just taken a close look at Moonlight's legalese and published 3 questions about the project. Watch the image at the bottom. Yes, it figures. Moonlight is now being called “Microsoft Moonlight” and this is not a joke. Novell is becoming an attractive takeover target for Microsoft.



"Users is the key word," claims oiaohm. It "says nothing about distributions. Codecs in Moonlight come from Microsoft."

“Moonlight is now being called “Microsoft Moonlight” and this is not a joke.”"The way the Microsoft covenant reads to me," says the author, "only Novell can distribute Moonlight. So, if you are non-Novell user, it won't be something that is wrapped up in your distro."

"Unless [the] distribution wants to risk hot water or out side where Microsoft rules apply," adds oiaohm in an informal IRC conversation.

There is also "the expectation is that users will get the distro from wherever and then download Moonlight from Novell," remarks the author.

Well, guess what? Debian Legal has just received the following from Saul Goode, who had taken a look at Moonlight licensing; it does not seem too good. Fedora (Red Hat) reached the same conclusion after the SFLC had taken a look at the Moonlight licence and did not like what's in it.

Since the license for the Debian package must "comply with" the Ms-PL, its license should necessarily offer the patent grants required in Section 2(B). Assuming that a license which complies with the Ms-PL is used -- or indeed that the Ms-PL itself used -- the question is thus raised, how are patent grants being provided for the MIT/X11-licensed components of the Debian binary package? Without providing such a grant, the package licensing would not meet the terms and conditions of Section 2(B) and fail to "comply with" the Ms-PL. Providing such a grant should demand extra measure be taken with regard to the MIT/X11-licensed code because the authors of that code were not obligated by its licensing to provide such a grant.

As a final comment, and one more hypothetical in nature, the Ms-PL makes no distinction between derived and collective works and offers no exemption for "mere aggregation" (as does the General Public License). In lieu of such an exception, we are left with relying upon the interpretation of the courts as to what constitutes a derived or collected work of joint authorship under copyright law. Should a Ms-PL-licensed package be included with a Debian distribution, it may very well be argued that the entire distribution (a collective work) must be offered under licensing which "complies with" the Ms-PL -- any inclusion of code for which there is no patent grant could be construed as infringement of the copyrights of Ms-PLed code's author.


While Mark Shuttleworth is asleep at the wheel, Moonlight makes it into Ubuntu; Mono had already slipped its way into it anyway, thanks to pressure from fans of .NET. "It's shocking," we're told, "considering de Icaza said publicly you must download Moonlight from Novell (or else)."

“But why should other GNU/Linux vendors be foolishly dragged into Novell's (and Microsoft's) trap?”Whereas Debian doesn't care about anything legal all that much, Canonical is vulnerable because it is a company and it inflicts great pain upon Microsoft's profit. Microsoft does not even need to attack it directly (either with FUD or with legal action) and one regular reader of ours thinks that it inevitably will.

All in all, Microsoft hopes that by assimilation it will gain greater legal and technical control over GNU/Linux. It's the same ol' embrace, extend, and extinguish (EEE) tactic. It's about attracting engineers to .NET/C# (or clones) and leading them into the 'first class' choice which is Microsoft .NET along with Silverlight, Visual Studio, and Windows. One has to bury one's head in the sand in order not to comprehend it.

Earlier on today we wrote about Microsoft's "embrace, extend, and extinguish" against open source. Well, here is a new comment from the Microsoft Blog in ZDNet, which attracts the pro-Microsoft crowd, naturally:

"Sounds like one more way to help migrate from linux to Microsoft Windows. If this is implemented pulling data from a linux server will be that much easier until the server is no longer needed. I'm liking this interoperability."

So go ahead, Novell. Do what Microsoft has paid you almost half a billion dollars to achieve. But why should other GNU/Linux vendors be foolishly dragged into Novell's (and Microsoft's) trap?

Comments

Recent Techrights' Posts

[Teaser] Freenode LTD: What Happened
Upcoming series based on insiders' account with evidence
Links 15/04/2024: Signs of Desperation at Microsoft and Tesla Employees Brace for Mass Layoffs (Update: Yes, Over 10% at Tesla Laid Off)
Links for the day
Human Rights Tribunal of Ontario (HRTO) Does Not Wish to Become an Instrument of Cost-Free Harassment or 'Cheap Revenge', It Says "Justice is Not Free. Quite the Contrary. Justice is Expensive."
Long story short, there is no lawsuit, there is a just a hateful, lying idiot abusing "the system" (which this idiot rejects entirely)
 
Richard Stallman to Give Public Talk in Portugal on Wednesday
new addition to his page
Richard Stallman's Hair Has Grown Back and He Does Not Talk About Cancer
May he live a long and happy life
New Video of Richard Stallman's Talk in Italy (Delivered a Week Ago)
a working copy of the video
Microsoft Windows Falling to New Lows in the United Kingdom and Worldwide
What's noteworthy here is that there's no sign at all of a Windows rebound
[Meme] Quantity of European Patents
they've rigged the system to make more money
Why do free software organizations eliminate community representatives?
Reprinted with permission from the Free Software Fellowship
Upcoming Themes and Articles in Techrights
we expect to have already caught up with most of the administrivia and hopefully we'll be back to the prior pace some time later this week
Matthias Kirschner & FSFE People Trafficking, coercion of volunteers
Reprinted with permission from the Free Software Fellowship
Gemini Links 15/04/2024: Profectus Alpha 0.4 and RPG of One Capsule Progress
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 14, 2024
IRC logs for Sunday, April 14, 2024
Oceania: GNU/Linux Measured at Lower Than the International Average (4% or 7% Including ChromeOS)
statCounter's data
Achieving Objectives
The 'suits' and their vocabulary can be overcome when their deceit is widely deciphered:
Mozilla Has Turned Firefox Into OSPS Consistent With "Attestation" Objectives
Open Source Proprietary Software
100 years of Hitler & psychological experiments on volunteers
Reprinted with permission from the Free Software Fellowship
Taliban, the Free and Open Source Software Community Team of Afghanistan
Reprinted with permission from the Free Software Fellowship
Links 14/04/2024: Software Needed for Work and Issues in Brazil
Links for the day
Gemini Links 14/04/2024: OFFLFIRSOCH and Gemtext Specification 0.24.0
Links for the day
Links 14/04/2024: Tesla and OpenAI (Microsoft) Layoffs Floated in the Media
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 13, 2024
IRC logs for Saturday, April 13, 2024
Gemini Links 13/04/2024: SEO Spam and ‘Broadband Nutrition Label’
Links for the day
Gemini Links 13/04/2024: GmCapsule 0.7 Released
Links for the day
Links 13/04/2024: Whistleblowers, OpenAI and Microsoft Leakers
Links for the day
'Our' Technology Inside the Home is Becoming Less Reliable and It Implements the Vision of Orwell's '1984' (Microphones and Cameras Inside Almost Every Room)
Technology controlled by who exactly?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 12, 2024
IRC logs for Friday, April 12, 2024
Google, FSFE & Child labor
Reprinted with permission from the Free Software Fellowship
Links 13/04/2024: Huawei and Loongson PCs, IBM Layoffs
Links for the day
Gemini Links 13/04/2024: Specification Changes and Metaverse Newbie
Links for the day