Bonum Certa Men Certa

Microsoft and the Linux Foundation Not “Best Friends Forever”

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.

Comments

Recent Techrights' Posts

Trips to London
London isn't a bad place, but it's a long journey and we'd rather stay in Manchester and write about technology
SLAPP Censorship - Part 80 Out of 200: Having Run Out of Time to Meet a Judge's Deadline, Microsoft's Graveley Had Garrett's Lawyers Argued My ~190-Page Defence and CounterClaim (DCC) Was Unclear About My Position
Nothing could be further from the truth
Working in the Shell (and Fish)
Yesterday we spent about 5 hours on the shells and fish
The Corrupt Lecture the Non-Corrupt - Part XXVI - Campinos Has Put Unfit-for-Employment Drug Addicts in Charge of the European Patent Office (EPO)
How many months has Campinos got left before the delegates show him the door?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 17, 2026
IRC logs for Sunday, May 17, 2026
Gemini Links 18/05/2026: Poetry, Sauna, and GNU Taler
Links for the day
"The Society of Media Lawyers" (UK) is a Truly Malicious Anti-Media Lobby Which Helps Rich/Abusive Americans and Hostile Countries Attack Actual Media Workers in the UK
They typically source their money from aboard to besiege domestic actors (like honest journalists or independent outlets that document suppressed beats/topics)
Slop Still Waning, Its Momentum is Driven by Companies That Stand to Lose a Lot (or Everything) When the Bubble Pops
When it comes to LLM slop disguised as news, it's just not working out
Gemini Links 17/05/2026: arXiv Brings Down the Hammer, UnderPOWERed, and Slopping With Tcl/Tk
Links for the day
Links 17/05/2026: Amazon Employees Herded Into Slop, Taiwan Sold Down the River by Cheeto
Links for the day
Links 17/05/2026: Society of Media Lawyers (Brett Wilson LLP et al) Lobby for More SLAPPs in the UK, “Courage in Journalism Award” Given in Oppressive Country
Links for the day
Finland Needs to Dump Microsoft (Microslop) for National Security Reasons and the Same is True for Hundreds of Countries
"I don't see why Ryssäs would want Finns to use microslop products..."
Cyber Show UK is Already Available Over Gemini Protocol
This past week the total number of active Gemini capsules hit all-time records several times
Fight Til the End
This comes to show that persistence pays off
SLAPP Censorship - Part 79 Out of 200: They Will Soon Reach the 100 KG (Kilograms) Milestone; Wheelbarrows, Not Justice (Quantity of Legal Papers Sent to Us)
It's about the quality, not quantity (unless your sole aim is to drown out or "flood the zone")
The Corrupt Lecture the Non-Corrupt - Part XXV - Not Bringing Intelligence to the EPO, Not 'Artificial Intelligence' Either (But Intelligence-Eroding Drugs)
The EPO was meant to be about science and law. In practice, however, it's about breaking the law and being stoned.
The Cyber Show on Why Coding is Important and Slop Cannot Change or Replace That
Hand-crafting one's site has plenty of advantages
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 16, 2026
IRC logs for Saturday, May 16, 2026
Gemini Links 17/05/2026: Music Theory, Reticulum Git Repos, and Releasing Kiln
Links for the day
Links 16/05/2026: Cuba Plunges Into Darkness (Energy Wasted by Nonsense), Googlebooks as Slop Nonsense (Energy Waste and Time Wasted)
Links for the day
Links 16/05/2026: Climate Issues, Free Speech, and Monopolies/Monopsonies
Links for the day
Gemini Links 16/05/2026: Retreat and Devuan Manuals
Links for the day
SLAPP Censorship - Part 78 Out of 200: Slandering Me for Saying the Truth About Graveley and Garrett's Abuse of Processes, Stacking Dockets
These are the sorts of things British taxpayers ought to talk about
"AI" Became a New Name or Placeholder for Debt
Because they will only ever lose money for this thing with "tokens" or "potential"
"Microsoft Goodwill and Intangible Assets" Down Two Years in a Row, According to Microsoft
Microsoft cannot sell these, so what is their real relevance?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 15, 2026
IRC logs for Friday, May 15, 2026
IBM: Shares Down 30%, Mass Layoffs, IBM Says "Goodwill" Grew by 10% to Over a Third of the Company's Total "Worth"
According to IBM
Microsoft LinkedIn Layoffs "Very Likely Higher" Than 1,000 People
Microsoft is bleeding