Bonum Certa Men Certa

Mono Team Puts Microsoft's GPL-incompatible Licence and Patents-encumbered Software Inside GNU/Linux

Niagara falls
The vitality of viewing dangers ahead



Summary: What the Mono team is up to and some consequences revisited

THOSE who believe that Microsoft accepts the existence of GNU and Linux are simply not paying attention. As we warned several times before, Microsoft is squeezing GPL-incompatible licences into the F/OSS world and sometimes into GNU/Linux distributions, not to mention Microsoft APIs and hooks [1, 2, 3, 4, 5, 6, 7, 8, 9]. The following is a portion of an E-mail sent to us by a guy who used to do contract work for Microsoft. Now he is with the Mono team and he is trying to squeeze Mono into Fedora -- a project which is actually in the process of getting rid of Mono.

I asked my friend [anonymised] if he would help us get it packaged up in RPM format for Fedora. He tells me that the MS-PL is not on the approved list for Redhat packages:

[...]

[ed: I mis-wrote OSL-approved]

http://www.opensource.org/licenses/ms-pl.html

I do not see MS-PL on the DFSG wiki page:

http://wiki.debian.org/DFSGLicenses

However, Mono contains code licensed under MS-PL and it is part of the main section, implying that it is compliant:

http://git.debian.org/?p=pkg-mono/pac...

Are the MS-PL pieces of Mono stripped from the Fedora package of Mono?

mcs/class/MicrosoftAjaxLibrary/* mcs/class/System.Web.Mvc/*


Since when are parts of Mono licensed under Microsoft's MS-PL? This is significant.

The issue of patents aside, it serves to illustrate Microsoft's increasing grip and influence over the Mono project. Now, if only Microsoft could sink Mono and Moonlight into the guts of each GNU/Linux distribution, that would be something, would it not?

At Groklaw, Pamela Jones points to a video of the Apple-Microsoft deal (Macworld 1997), remarking quite importantly that "Steve Jobs [is] explaining how and why Apple and Microsoft did the deal in 1997, and he reveals that it began as a patent dispute." This announcement was mentioned not so long ago for other reasons.

“Microsoft wants "Linux tax" because otherwise it cannot compete on price.”All these Mono encumberments are probably relevant because of Ubuntu's new patent policy. It would be irresponsible to stir the hornet's nest by putting Mono inside Ubuntu, which in turn might lead Microsoft -- not any other company -- to doing to Canonical just what it did to Apple. Microsoft listed Canonical as a business risk in its SEC filing and the monopoly would love to do to Canonical just what it is trying to do to Red Hat and has already achieved with Novell. Microsoft wants "Linux tax" because otherwise it cannot compete on price.

When it comes to genuine interoperability pursuits, Novell quit like a coward and joined hands with Microsoft over software patents, whereas others -- like Samba -- actually got their way without patent tax. As Groklaw has just put it, "Thank you, EU Commission for requiring interoperability. Thank you, Samba guys, FSFE and their lawyer Carlo Piana for not giving out and not selling out." Well, Novell sure sold out. As a direct result, some of its Samba engineers quit the company.

In other news, here is a reminder of Gartner's disdain for Free software (which offers no kickbacks and contracts), as evidenced in [1, 2, 3, 4]. Over the past few months we've written about a FOSS-hostile and pro-software patents Gartner analyst called Prentice [1, 2, 3, 4, 5]. Well, here he goes again:

One of the provisions in the Patent Reform Act of 2009 [PDF] is to recalculate the way in which damages are determined when a patent has been infringed. Currently, infringing a patent can be a very costly mistake. But the proposed legislation would allow for a reasonable royalty to be calculated as the price of licensing a “similar non-infringing substitute in the relative market.”

Does that mean that free open source products can now be considered substitutes in a relative market?


In response to this, Pamela Jones writes:

I read the section of the proposed bill he references, and it seems to me more likely that we can see why Microsoft is trying to do as many "Linux" patent deals as it can. Here's the wording I notice:

"MARKETPLACE LICENSING. -- Upon a showing to the satisfaction of the court that the claimed invention has been the subject of a nonexclusive license for the use made of the invention by the infringer, to a number of persons sufficient to indicate a general marketplace recognition of the reasonableness of the licensing terms ... damages may be determined on the basis of the terms of such license."

What if it means, instead, that some hardware folks who also have some Linux somewhere signed up because they are afraid of Microsoft, or it was one part of a larger and quite legitimate deal, or it was a small Linux vendor hardly anyone uses who was embraced? What does it mean, then? I hope someone has noticed this clause and has thought it through. Then again, given the history, what law can you write that works with 800 pound gorillas? Antitrust law, I guess. But why write a law so easy to undermine as this section seems to be?


Similarly, Dana Blankenhorn writes:

Google open source strategy not just a patent dodge



[...]

Google has lost this battle before because the pharmaceutical and medical device makers refuse to go along.

[...]

I have no doubt Google acts in its self-interest, as all companies and indeed all institutions and individuals generally do. But self-interest and evil are different things. Until Google crosses the line I’m not crossing them off my “nice” list.


In a reactionary fashion, Jones writes: "I don't think dodge is a pretty word, but I don't think either that it was meant in a derogatory way. Speaking for myself, while I agree with Dana that the patent reform act isn't even happening at the moment, even if Google or anyone was thinking up strategies to avoid Microsoft's attempt to use patents to strangle FOSS, I'd say, Please do. What would be wrong about that? I wake up nights thinking about how to do precisely that. Avoiding people's patents is legally required, after all. You can be nice and smart at the same time."

Those who can reject Mono are hopefully paying attention because although there are plenty of software patents in the United States, few are as obvious an "infringement" as Mono (exact copy) and only a small proportion is owned by the company which has been trying to crush Free software for over a decade.

Groklaw has also found this barrage of amicus briefs regarding the Bilski case. Yahoo's new life of a "Microsoft zombie" -- to borrow SJVN's token [1, 2, 3] -- might play a role there.

As the first commenter there put it, read 'em and weep. Yahoo! submitted one, which he summarizes like this: "The focus on physicality does not make sense in today's technology." The brief does, at the end, say that Bilski was properly rejected, because it was vague and overbroad. But then it says, "If Bilski had developed a process that, in machine-like fashion, directed commodities traders to take a clearly defined series of steps to hedge their positions, that process might lead to useful, concrete, and tangible results. Such a process would be a manmade tool for achieving a particular result, not an unpatentable law of nature." Excuse my simplicity, but is this saying you can patent people acting like cogs in a machine, as long as the movements and steps they take are rigid and reproducible? Where does that end?


Allies of Microsoft are widely represented there. Among the new amicus briefs there are also many lawyer-oriented firms (not the same as engineers). Even the BSA submitted one and its connection to Microsoft is obvious [1, 2, 3, 4].

"Microsoft is unique among proprietary software companies: they are the only ones who have actively tried to kill Open Source and Free Software. It's not often someone wants to be your friend after trying to kill you for ten years, but such change is cause for suspicion."

--Bradley M. Kuhn (SFLC)

Comments

Recent Techrights' Posts

SLAPP Censorship - Part 64 Out of 200: Not Amused by Repeated Threats (to "Shut Down" My "Existence" While Mentioning My Wife Too)
it's about censorship
The NHS is Under Attack by Anthropic and Microsoft (or Their Lemmings That Infect the NHS)
They are kidding themselves if they seriously believe Web-facing source code repositories are the real threat to patients
cPanel is Not Linux, cPanel is Proprietary Software
It's fair to say I've used cPanel for 23 years
Storage and Memory Prices Are Rising Not Because of High Demand (Production Can Match Demand), It's Partly Because of Price-Fixing (Same as Food Price Increases)
Sophisticated robberies are still robberies
Thousands of Layoffs at IBM, So IBM Pays Mainstream Media to Claim That IBM is Hiring (Paid Lies)
This is a story about the media failing us, not just IBM failing as a company
A Look at DataStax Bluewashing (IBM and Layoffs)
IBM is a place that many people leave or get pushed out of
 
Microsoft Windows Falls Below 9% in South Africa
As one can expect, GNU/Linux is measured as going up in France
Gemini Links 03/05/2026: The Black Side of the Web, LiveJournal, Chimarrão
Links for the day
A Month Since Mass Layoffs at Red Hat (400+ Engineers Laid Off), The Media Didn't Cover It
We are very concerned about the state of the media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 02, 2026
IRC logs for Saturday, May 02, 2026
Gemini Links 02/05/2026: Strange Psychosis and TUIs
Links for the day
Links 02/05/2026: Microsoft Has Begun Rebranding Vista 11 as 'XBox' (Because the Console is Dying), Slop Rejected by Oscars
Links for the day
IBM's CEO 10 Years Ago in IBM-Sponsored Forbes: "For those willing to embrace [blockchains], the future will indeed be bright."
How well did this prediction materialise?
RightsCon Cancellation as a Data Point in a World Gone Astray
RightsCon should not even be controversial
Links 02/05/2026: Gen Z is Turning Against Slop and OpenAI/Microsoft Rift Explained
Links for the day
Gemini Links 02/05/2026: Leaving Session, Alhena 5.5.7, and Slop Failing Customers
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 01, 2026
IRC logs for Friday, May 01, 2026
Links 01/05/2026: Microsoft 'Headcount' Decreasing, Apple Quietly Killing Vision Pro
Links for the day
Oracle's Debt Grew by Over 50 Billion Dollars in 6 Months
Larry Ellison spent a lot of money buying a lot of the corporate media
In Praise of Debian
30 hours ago we began an upgrade
What Linus (Torvalds, the Linux Dude) Meant by "Show Me the Code"
"Show Me the Code" is a common cultural reference
Yes, GNU/Linux Can Run on Playstation 5, But Don't Buy It, Learn From Sony's Past of Rootkit and PS3 Betrayal
Millions of Playstation 3 owners will never forget what Sony did to them
XBox Will Not Last Much Longer, XBox Chief Admits Problems
Microsoft's latest "results"
Dealing With Demagogue in Free Software
Don't spread their ideology and never participate in any of their projects
What May 1 Means to Us (and to Many Others)
To me, May 1 means something
Microsoft Lunduke is 'Pulling a Garrett' by Turning Technical and Legal Debate Over Rust Into a 'Trans Debate'
Don't fall for the demagogue
Links 01/05/2026: Regulatory Trouble for Apple, Now Even Mozilla Pushes Back Against Google
Links for the day
Microsoft "Buyout" Offer is Less Than One Year's Salary
So our assumption about this was correct
The Corrupt Lecture the Non-Corrupt - Part X - European Patent Office Managers Have Crossed Red Lines, According to Themselves
The girlfriend of the President of the European Patent Office (EPO) is trying to muzzle EPO critics
Techrights is Still Growing, Attacking Techrights Does Not Weaken the Community
Bullying us for 2+ years does not result in fear, it results in us feeling more emboldened and motivated
SLAPP Censorship - Part 63 Out of 200: Graveley as a Stripped-Down Version of Garrett in the Particulars of Claim (5RB Barrister Could Do This in One Minute)
Lazily and sloppily, it looks like the barrister took Garrett's claims and tweaked them a little (shortened) for Graveley
Lots of People Leave IBM, Today IBM Has About 1,000 Workers Fewer Than Yesterday
Confluent "last day" for 800+ people
Been a Very Busy Week
Next week, as we have no upgrades to prepare for, we should be able to publish at the usual pace of 20+ pages per day
In New Letter Sent to Chair and Heads of Delegation of the Administrative Council of the European Patent Organisation the Staff Union Explains How to End European Patent Office Strikes
If Campinos continues to behave as he does right now, the Council can show him the door
Links 01/05/2026: Poems and Continuous Privacy Policy
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 30, 2026
IRC logs for Thursday, April 30, 2026
Microsoft Debt Rose Almost $50 Billion Since We Moved to Debian
GAFAM has a new name for debt