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

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Hamburgerization of Sushi and GNU/Linux Primer
Links for the day
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day