Bonum Certa Men Certa

Free Software Foundation Discourages Dependence on Mono, Dismisses Microsoft Community Promise

Last week, Microsoft extended the terms of their Community Promise to implementations of the ECMA 334 and 335 standards. You might think this means it's safe to write your software in C#. However, this promise is full of loopholes, and it's nowhere near enough to make C# safe.

Why Worry About C#?



Since we published Richard's article about Mono last week, some people have been asking us why we're expressing special concern about free software developers relying on C# and Mono, instead of other languages. Sun probably has patents that cover Java. Maybe IBM has patents that cover C compilers. "Shouldn't we discourage the use of these too?" they ask.



It's true that all software patents are a threat to developers—but that doesn't mean that all software patents are equally threatening. Different companies might have patents that could be used to attack other languages, but if we worried about every patent that could be used against us, we wouldn't get anything done. Microsoft's patents are much more dangerous: it's the only major software company that has declared itself the enemy of GNU/Linux and stated its intention to attack our community with patents. If Microsoft designed a patent trap into C#, that is no more than what it said it would do.



The company has been quite clear about its intentions since late 2006. At a user conference in November that year, Microsoft CEO Steve Ballmer said, responding to a question about their patent agreement with Novell:



... the fact that [GNU/Linux] uses our patented intellectual property [sic] is a problem for our shareholders. We spend $7 billion a year on R&D, our shareholders expect us to protect or license or get economic benefit from our patented innovations. So how do we somehow get the appropriate economic return for our patented innovation...?


(Seattle Post-Intellegencer, The Microsoft Blog, "Ballmer on Novell, Linux and patents," November 16, 2006.)

A few days later, an interview with Microsoft President Bob Muglia was published, and he made it clear that they considered C# one of these so-called "patented innovations:"



There is a substantive effort in open source [sic] to bring such an implementation of .Net to market, known as Mono and being driven by Novell, and one of the attributes of the agreement we made with Novell is that the intellectual property [sic] associated with that is available to Novell customers.


(eWeek.com, "Microsofts Muglia Talks Longhorn, Novell and Java", November 17, 2006.)



They've been turning up the heat ever since. In May 2007, Microsoft followed all this up by announcing in a Fortune magazine interview that they believed GNU/Linux infringed 235 Microsoft patents. And recently they made it very clear that these were not idle threats: the company sued TomTom for using the VFAT filesystem implementation in the kernel Linux without buying a license from it.



All of this can't simply be brushed aside. These are statements and actions made at the highest executive levels of the company. Using patents to divide and conquer the free software community is a fundamental part of their corporate strategy. Because of that, C# represents a unique threat to us. The language was developed inside Microsoft, so it's likely they have many patents to cover different aspects of its implementation. That would make free software implementations of C#, like Mono, an easy target for attack.



“The Community Promise does nothing to change any of this.”The Community Promise does nothing to change any of this. Microsoft had an opportunity to take action and demonstrate that it meant us no harm with C#. Instead, they took meaningless half-measures that leave them with plenty of opportunities to hurt us.



Incomplete Standards



The ECMA 334 and 335 specifications describe the core C# language, including information about standard libraries that must be available in any compliant implementation. However, there are several libraries that are included with Mono, and commonly used by applications like Tomboy, that are not required by the standard. And just to be clear, we're not talking about Windows-specific libraries like ASP.NET and Windows Forms. Instead, we're talking about libraries under the System namespace that provide common functionality programmers expect in modern programming languages: binary object serialization, regular expressions, XPath and XSLT, and more.



Because these libraries are not defined in the ECMA specifications, they are not protected in any way by Microsoft's Community Promise. If this were the only problem with the promise, it might be safe to use applications that avoid these libraries, and stick to what's in the standard. But even the code that's covered by the promise isn't completely safe.



Figuring Out What's Necessary



The Community Promise only extends to claims in Microsoft patents that are necessary to implement the covered specifications. Judging just by the size of its patent portfolio, it's likely that Microsoft holds patents which a complete standard implementation probably infringes even if it's not strictly necessary—maybe the patent covers a straightforward speed optimization, or some common way of performing some task. The Community Promise doesn't say anything about these patents, and so Microsoft can still use them to threaten standard implementations.



Moving the Goalposts



“The Community Promise does not give you any rights to exercise the patented claims.”Let's say you've written an implementation of one of the specifications covered by the Community Promise, and you want to determine whether or not you'll be sued for infringing a certain Microsoft patent. The necessity question already makes it difficult enough to figure this out. But even if you manage it, you should make sure you check again tomorrow, because the Community Promise might not protect you then.



The Community Promise does not give you any rights to exercise the patented claims. It only says that Microsoft will not sue you over claims in patents that it owns or controls. If Microsoft sells one of those patents, there's nothing stopping the buyer from suing everyone who uses the software.



The Solution: A Comprehensive Patent License



If Microsoft genuinely wants to reassure free software users that it does not intend to sue them for using Mono, it should grant the public an irrevocable patent license for all of its patents that Mono actually exercises. That would neatly avoid all of the existing problems with the Community Promise: it's broad enough in scope that we don't have to figure out what's covered by the specification or strictly necessary to implement it. And it would still be in force even if Microsoft sold the patents.



This isn't an unreasonable request, either. GPLv3 requires distributors to provide a similar license when they convey modified versions of covered software, and plenty of companies large and small have had no problem doing that. Certainly one with Microsoft's resources should be able to manage this, too. If they're unsure how to go about it, they should get in touch with us; we'd be happy to work with them to make sure it's satisfactory.



Until that happens, free software developers still should not write software that depends on Mono. C# implementations can still be attacked by Microsoft's patents: the Community Promise is designed to give the company several outs if it wants them. We don't want to see developers' hard work lost to the community if we lose the ability to use Mono, and until we eliminate software patents altogether, using another language is the best way to prevent that from happening.








Copyright ۩ 2004, 2005, 2006, 2007, 2008, 2009 Free Software Foundation, Inc. Privacy Policy.



Verbatim copying and distribution of this entire article are permitted worldwide, without royalty, in any medium, provided this notice is preserved.

Comments

Recent Techrights' Posts

SLAPP Censorship - Part 29 Out of 200: Violent Language Won't Go Away When You Use It in Your Site, Blog, and Social Control Media
abuse began in 2012 because I had politely and accurately criticised Red Hat
Lacking Business Model, Bluesky Has Become Slop and Gravitates Towards Plagiarism, Bots
LLM slop/plagiarism under the guise of "Artificial Intelligence" (AI)
 
IBM "Headcount Reductions" by Early Retirement and Death
The tragedy at IBM started 33 years ago on the first of April
Red Hat: Latin-1 character set under threat from Bishop Michael Martin, North Carolina
Reprinted with permission from Daniel Pocock
Links 01/04/2026: Microsoft GitHub Now Pushing Ads Into People's Code/Commits, Earth Overshoot Day Draws Nearer
Links for the day
What IBM and EPO Workers Have in Common: European Media Not Covering Very Major News (Press Became Dysfunctional)
Are IBM operatives working to scuttle the process of investigative journalism?
Free Speech in the United Kingdom When "Chilling Effect" is Increasingly Prevalent
If politicians cannot even use a term like "parasitic behaviour", then where do we as a society end up?
Oracle Lays Off Because of Debt and Commercial Issues, Not Slop
Like Scam Altman, Larry Ellison hangs around Cheeto King because he could use some bailouts in the form of government contracts or phony money with an incredible name like "Stargate"
The Real Reason Many Sites and Forums Shun Microsoft Lunduke
When forums say that they banned Microsoft Lunduke or don't want him mentioned it's probably because they are familiar with the "stench" that follows him around
Gemini Links 01/04/2026: Hallucinations, Stitching, and Type Systems
Links for the day
Lots of Layoffs at IBM, "Media Blackout" About Mass Layoffs at IBM's HashiCorp and Confluent Last Month
IBM is a dying company circling down the drain while manipulating or paying the media to pretend everything is fine
Microsoft Under Investigation by the UK's Competition and Markets Authority (CMA) for Abusive Tactics
What's noteworthy is that this is "set to begin in May"
Sounds Like Red Hat (IBM) Layoffs in Slop Clothing
This is an IBM policy. They try to justify staff cuts.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 31, 2026
IRC logs for Tuesday, March 31, 2026
In Time for April Fools (and Easter), 30,000 Oracle 'Pink Slips' While People Are Asleep
Oracle probably has no choice but to fire a ton of people
Gemini Links 31/03/2026: Five Years on Gemini (Rob's Gemini Capsule), OFFLIFIRSOCH 2026, and More
Links for the day
Slopfarms Persist, But Google Seems to Have Delisted Many
We are still checking
Links 31/03/2026: More Energy Shortages Noted, Taylor Swift Faces Trademark Infringement Suit
Links for the day
Chaff, Slop and Spam Help Distract From Parallel Crises at IBM
IBM seems very eager to undermine discussion about what goes on inside
IBM-Spawned Lexmark Sold, Then Came Mass Layoffs, Now the CEO Who Did This is Leaving
IBM is really not a magnet for talent at this point
Not April Fools But April First: Red Hat Staff Becoming "IBM"
claims of mass layoffs set to kick off at IBM some time soon
Gemini Links 31/03/2026: Antenna Packed Up, AuraGem and AuraSearch Maintenance
Links for the day
Links 31/03/2026: More Social Control Media Bans, BBC Now Run by GAFAM (US) Executive
Links for the day
'Broligarchs' Don't Want Science, They Want Entertainers to Entertain Them (and Make Them Richer)
Of course this will result in things getting worse in the sciences and everyone who relies on the sciences
When Republics Turn From Democratic Governments Into Imperialistic Dictatorships
What goes on in the US would require talking about politics
Companies That Have Nothing Except Buzzwords and Promises Will Perish
Dishonest media will perish along with the companies it is covering up for
The Solicitors Regulation Authority (SRA) to be Grilled in Two Weeks' Time by the British Government for "Recent Regulatory Failures"
we escalated to our politicians
GNU/Linux Will Thrive as Long as It's Modular, Not Monolithic
To IBM, it's all about money. Nothing else matters.
EPO "Cocaine Communication Manager" - Part X - People Are Leaving
"I was happy to be at the EPO in the beginning, but since I realized it's all a big mafia"
IBM's 33 Years as a "Financial Engineering" (Accounting Tricks) Company
In relation to Red Hat, this "financial engineering" involves culling many workers and trying to replace them with slop
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 30, 2026
IRC logs for Monday, March 30, 2026
Links 31/03/2026: Rising Costs, Cyberattacks, Novo Patent Expiry
Links for the day
Gemini Links 31/03/2026: American Spring, Distributed Systems Simulator, and Calculus for Electronics
Links for the day
SUEPO Central Made a Strike (or Striking) Success
Europe has more than enough qualified patent officials
IBM Layoffs and Their Expected Scope in April 2026
Such layoffs impact not only IBM "proper"
SLAPP Censorship - Part 28 Out of 200: Facing Consequences for Impersonation and Worse
It's not "funny". It is moreover libellous.
Links 30/03/2026: South Korea Next to Curb Social Control Media Addiction and Manipulation, Notorious Patents in the US Challenged
Links for the day
Gemini Links 30/03/2026: Going Back to Wrist Watches and Why LLMs in Programming Suck
Links for the day
Did IBM Pay thestreet.com for Puff Pieces? (Like It Did With Forbes)
If so, there is no disclosure
Wikipedia - Funded by Slop-pushing Companies and 'Broligarchs' - Gave Benefit of the Doubt to Slop, Then Regretted It
Wikipedia sucks. Without slop it'll suck a little less.
Payoffs of Lifelong Commitments
"The Lifelong Activist"
Links 30/03/2026: "We Can’t Income-Tax Ultra-Elites"; "The Pirate Bay’s Oldest Torrent Turned 22"
Links for the day
Today, Europe's Second-Largest Institution (EPO) Goes on Strike That Can Last Until 2027. Nobody in the Media Covers This!
"We stand with the protesters"
When the Cost (or Time) of Maintenance Exceeds the Value
In recent years it seems like more people learn to remove things from their lives, not add more things
Passage of Wealth Upwards, Blaming the Victims
Tim Sweeney's net worth is 5.1 billion USD according to Forbes
More Media Needs to Tell the Public Slop is a Giant Bubble, It Should Stop Taking "Sponsorship" Money to Inflate This Bubble
If enough of (what's left of) the media changes its tune and quits being a parrot of GAFAM, then we can debate slop like grown-ups
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 29, 2026
IRC logs for Sunday, March 29, 2026
Trying to Hide One's Abuses by Imposing Silence on Critics ("My Profile Was Private")
With enough daylight, sooner or later everyone knows you are a vampire
Fedora Badges System Shows the Demise of Fedora Under IBM
IBM isn't good at keeping what it buys
IBM is Sunsetting Red Hat, It Only Uses the Brand and the Shell
IBM buys or spins off companies as containers for "toxic assets" and debt
Cisco Systems is a Still Weak Spot With Bug Doors
nothing to offer except storytelling
EPO Strike Begins Today and It's the Longest One Yet (Can Last a Year)
Where's the media?
Gemini Links 30/03/2026: Approaching April and Arvelie Calendar
Links for the day