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Microsoft Interoperability and the GPL?

NZheretic asks: "Microsoft will be including Interix in it's next release of Services For Unix (SFU). How can Microsoft use GPL licensed products, such as GNU GCC, for the express purpose of 'interoperating' with Unix and Linux systems and at the same time deny everybody else the right to use GPL licensed products to interoperate with Microsoft's own products?"

24 of 50 comments (clear)

  1. Exactly because the GPL permits. by mirabilos · · Score: 5, Insightful

    The GPL does not permit combinated code
    (i.e. linked-together programmes) being
    under a different license than the GPL.
    But because the gcc etc. in the example
    are not linked to that other code, just
    packaged with it, it doesn't infect the
    other code as it would if e.g. it would
    be linked to libreadline etc.

    --
    My Karma isn't excellent, damn it! (And /. still does not get UTF-8 right in 2012. Wow.)
    1. Re:Exactly because the GPL permits. by mirabilos · · Score: 2

      I haven't seen such things yet in an EULA (and
      yes I read them _when_ I encounter them), but
      you have made a good point.
      I'll think over it.

      --
      My Karma isn't excellent, damn it! (And /. still does not get UTF-8 right in 2012. Wow.)
    2. Re:Exactly because the GPL permits. by repoleved · · Score: 2, Insightful

      doesn't ****** the other code

      what an unfortunate choice of words... I'm sorry I read this message, since I don't particularly want to associate a license which GRANTS rights which would otherwise be denied under copyright and ENABLES developers around the world to work together to do something good for the world with (let me put that word far beneath the rest of this message...)















      "infection".

    3. Re:Exactly because the GPL permits. by anthony_dipierro · · Score: 3, Interesting

      I think the question was a moral one.

      It's not immoral to use someone else's product against them. If it was, then it would be immoral for RMS to use copyright against copyright.

      It may be immoral for Microsoft to have such a draconian EULA in the first place, but the fact that they use GPLed products legally doesn't change that one way or the other.

    4. Re:Exactly because the GPL permits. by mirabilos · · Score: 2

      The choice of "viral" and "infection" with
      regards to the GPL is a choice that I made
      willingly once I realized that RMS and the
      FSF think that dynamic (as opposed to sta-
      tic) linking of GPL'd libraries does af- /
      in-fect your main programmes' code, too.
      It's a matter of taste which can't be dis-
      cussed, but I rather archive it here.
      If you think different, it is one right of
      yours, but this very point was exactly why
      I converted to the BSD group (in fact, the
      license used by me includes a clause which
      isn't GPL-compatible, namely the jurisdic-
      tion is specified). Also look how RMS dis-
      criminates (bad word, but English isn't my
      native language) against the LGPL renaming
      from "Library" to "Lesser" and that all.
      It's just a philosophy fact (check out the
      philosophy page at FSF's) but IMHO the way
      the FSF wants to get all software free may
      lead to anger. The BSD/MIT/X11 group tries
      to get all software better instead.

      ATTN Moderators, this expresses my private
      opinion, and I hope to have made clear the
      post is not a flamebait.

      PS: Writing in paragraph style is cool ;-)

      --
      My Karma isn't excellent, damn it! (And /. still does not get UTF-8 right in 2012. Wow.)
  2. Asking the obvious... by Ivan+Raikov · · Score: 3, Insightful

    How can Microsoft use GPL licensed products, such as GNU GCC, for the express purpose of 'interoperating' with Unix and Linux systems and at the same time deny everybody else the right to use GPL licensed products to interoperate with Microsoft's own products?

    Heh. I take it this question is rhetorical. Greed, arrogance, and blatant disregard of professional honor are, I think, the distinguishing marks of Microsoft. But, as other posters have pointed out, it's okay to bundle GPL with non-GPL products.

  3. SAMBA Vs Interix - Why one and not the other? by NZheretic · · Score: 5, Insightful
    The question makes more sense if you check out the last link to the slashdot article on Microsoft's CIFS and SAMBA.

    Even so ...

    There is nothing stopping Microsoft from bundling GPL licensed software on it's CDroms, as long as they provide the end customers with a copy of the particular modified source under the same GPL license.

    There is nothing stopping Microsoft from linking LGPL licensed software in their own software, as long as they provide the end customers with a copy of the particular modified source under the same LGPL license. ( You might want to check out what LGPL licensed libraries come with Interix )

    Aparently neither of the above restrictions prevent Microsoft from including such licensed code in their Interix and SFU 3.0 products, for which Microsoft charges a fee. This runs entirely counter to most of the arguments presented by Microsoft against GPL and LGPL licensing.

    If the GPL was such an Intellectual Property Destroyer then how is Microsoft able to bundle it in with SFU 3.0 and charge for the result?

    But far more important is how much Microsoft is the hypocrite on GPL License.

    If Microsoft can use, distribute and sell products containing GPL and LGPL licensed code for the specific purpose of "interoperating" with Unix AND Linux, EXACTLY what gives Microsoft the moral right to prevent anybody else using GPL or LGPL source code for the purpose of Unix, BSD and Linux "interoperating" with Microsoft's own products?

    1. Re:SAMBA Vs Interix - Why one and not the other? by Da+Schmiz · · Score: 3, Interesting
      If the GPL was such an Intellectual Property Destroyer then how is Microsoft able to bundle it in with SFU 3.0 and charge for the result?

      But far more important is how much Microsoft is the hypocrite on GPL License.

      Good point -- I wonder if this would give the SAMBA team any legal ammunition if in fact they do get sued. By demonstrating that Microsoft itself evidently does not consider the GPL to be "IPR-imparing", could they get a judge to rule the CIFS Technical Reference license null and void?
      --

      "Anything is better than IE, and you can quote me on that." -- Wil Wheaton.

  4. pfah. by pb · · Score: 3, Insightful

    I am anything but a microsoft fan, but I see no problem with this as long as Microsoft obeys the GPL. And it looks like they are.

    As for accusing a company like Microsoft of, say, having inconsistent values, I have this to say.

    1. Duh.

    2. Any company of that size willl have different divisions (legal, marketing...) that do different things. And sometimes the right hand does not know what the left hand is doing. In cases like that, don't expect consistency, because you won't find it.

    --
    pb Reply or e-mail; don't vaguely moderate.
  5. Not rhetorical, I want an answer. by NZheretic · · Score: 2

    How do Microsoft, or Microsoft's advocates claim that Microsoft can, justify their position?

    1. Re:Not rhetorical, I want an answer. by anthony_dipierro · · Score: 2

      What about their position are you claiming is immoral?

      How can Microsoft use GPL licensed products, such as GNU GCC, for the express purpose of 'interoperating' with Unix and Linux systems and at the same time deny everybody else the right to use GPL licensed products to interoperate with Microsoft's own products?"

      It's really simple. They own the copyright to their products, so they make the rules. There is no requirement that those rules be uniform across all people. They have every right to say "We can do X with our product, but no one else can".

  6. Duh, how could they not know? by NZheretic · · Score: 2
    As I have pointed out, Microsoft obeying the GPL is not the central issue.

    As for one hand not knowing what the other hand is doing, how could the management of Microsoft's "server section" not know?

    Microsoft's SFU is targeted at the market currently using Unix, BSD and Linux. Practically all of the competition in that market use SAMBA to provide an interoperating SMB server( including the other Unix vendors not listed there ). How could Microsoft's Marketing and Management teams not be fully aware of what the competition is using?

  7. Re:Maybe Bill Gates and Steve Ballmer never adjust by MarkusQ · · Score: 2

    Sometimes it seems that Microsoft's main product is abuse, not software.

    No, Microsoft's main product isn't abuse or software. It's stock.

    Microsoft is a pyramid scheme. It only looks like a mountain because it's grown so darned large.

    -- Markus

  8. Microsoft should be more concerned over EUCC by NZheretic · · Score: 3, Interesting
    European Commerce Commission initiates additional proceedings against Microsoft,Brussels 30 August 2001.
    To enable alternative server software to interoperate in the prevailing Windows PC and server environment, technical interface information must be known. Without such information, alternative server software would be denied a level playing field, as it would be artificially deprived of the opportunity to compete with Microsoft's products on technical merits alone. The Commission believes that Microsoft may have withheld from vendors of alternative server software key interoperability information that they need to enable their products to 'talk' with Microsoft's dominant PC and server software products. Microsoft may have done this through a combination of refusing to reveal the relevant technical information, and by engaging in a policy of discriminatory and selective disclosure on the basis of a "friend-enemy" scheme.

    The Microsoft license conditions for the documentation of CIFS is precisely ``engaging in a policy of discriminatory and selective disclosure on the basis of a "friend-enemy" scheme.''..

  9. No license probs here by Linux_ho · · Score: 3, Insightful

    Actually, if you read the license for the CIFS spec, it doesn't prohibit you from distributing your work with some other GPL'd work. It does prohibit you from using their spec to create a work and then license it for distribution under an "IPR Impairing License". A quote from Microsoft:

    "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge.

    What's funny is that the GPL and LGPL don't fall into any of categories (a), (b), or (c). There is nothing in the GPL that puts any sort of limitations on software distributed with the GPL'd software. It only limits linking and derivative code. So, you could take the GPL, re-arrange one sentence without changing the meaning, change the name to "Bob's Public License", and then it could not be considered an "IPR Impairing License", according to Microsoft's definition.

    They are trying to spin the GPL so people think it limits what software you can distribute with GPL'd stuff. They are trying to convince commercial developers that they will have legal problems if they try to get their commercial packages distributed with Linux.

    Either that, or their lawyers suck and can't read the simplest contract. After all, they say never attribute to conspiracy what can be explained by incompetence. Funny how that phrase keeps coming up in every discussion I've had about Microsoft lately...

    --
    include $sig;
    1;
    1. Re:No license probs here by josepha48 · · Score: 2

      I may be wrong, but my understanding was that in their embedded XP or Win CE or one of the license for some of their .net stuff they prohibit the use of GPL software with the system. If they are using gcc which is gpl in their4 unix migration tools and the fist sentance is true (or somewhat true) then aren't they violating their own license if they sell .net with SFU?

      --

      Only 'flamers' flame!

    2. Re:No license probs here by anthony_dipierro · · Score: 2

      They are trying to spin the GPL so people think it limits what software you can distribute with GPL'd stuff. They are trying to convince commercial developers that they will have legal problems if they try to get their commercial packages distributed with Linux.

      So it's kind of like Felton and the DMCA.

    3. Re:No license probs here by mirabilos · · Score: 2

      Actually, you can't fork off the GPL/LGPL because
      recently the FSF has made clear that they own
      copyright on them and only wish verbatim copies.
      However with written OK it is allowed.

      Earlier (in 1999 I remember, for example) they
      said, people look at the GPL and take it as
      an example how to write a license.
      Nowadays, they rename the LGPL to "Lesser"
      and want everything GPL'd.

      In my eyes viral, which I stated more above
      in this postings.

      --
      My Karma isn't excellent, damn it! (And /. still does not get UTF-8 right in 2012. Wow.)
    4. Re:No license probs here by T-Punkt · · Score: 2

      > Actually, you can't fork off the GPL/LGPL because
      > recently the FSF has made clear that they own
      > copyright on them and only wish verbatim copies.

      Haha, this is funny. Does this mean the FSF's most important product (the GPL) is not copylefted and you are not allowed to redistributed modified versions?!?

    5. Re:No license probs here by mirabilos · · Score: 2

      Any document which I wrote is copyrighted, and
      Licenses are not Laws, which are open (even more
      than, e.g. RFCs).
      I can forbid publishing and distributing my license
      except verbatim and bundled with the software, for
      example.

      --
      My Karma isn't excellent, damn it! (And /. still does not get UTF-8 right in 2012. Wow.)
  10. Sherman Antitrust Act by NZheretic · · Score: 2
    There is no requirement that those rules be uniform across all people.

    Well actually there is such a requirement and in the USA, its called the Sherman Antitrust Act.

    Once a "consortium", corporation or even an individual gains a dominant position in the marketplace, they are required not to abuse their dominant position to control or eliminate the competition.

    They own the copyright to their products, so they make the rules.

    Microsoft has marketed DOS,Win1/2/3.11,Win9X,WinME,Win2k and XP as general purpose operating systems for the use of not only Microsoft's own applications but also third party vendor's applications.

    By restricting the class or terms that other vendors can develop competing products under, Microsoft is in serious breach of the entire intent of the Sherman Antitrust Act.

    As for it being immoral, just look at number of clauses in the act which include the phrase "imprisonment not exceeding three years". Those clauses are at the discretion of the court for good reason.

  11. Distribute GPL parts of Interix by dago · · Score: 2

    What about distributing as much as possible from interix (the GPL parts) ?

    They can even be included in debian ;)

    (I'm probably wrong at some point, but I don't care)

    --
    #include "coucou.h"
  12. But it is immoral to say one thing... by NZheretic · · Score: 2
    The advocates for Microsoft's position in this thread are completely ignoring the actual question.

    How can Microsoft use GPL licensed products, such as GNU GCC, for the express purpose of 'interoperating' with Unix and Linux systems and at the same time deny everybody else the right to use GPL licensed products to interoperate with Microsoft's own products?

    Note the second half of the question.

    as for anthony_dipierro's comments.

    If it was, then it would be immoral for RMS to use copyright against copyright.
    Anthony, can you please explain exactly how the GPL license uses copyright against copyright?

    ... but the fact that they use GPLed products legally doesn't change that one way or the other.
    Actual, IMO it does. As I have pointed out, Microsoft's exclusionary practices are in breach of the intent of the US Antitrust laws and the EU Commerce Commision are concerned over Microsoft's policy of discriminatory and selective disclosure on the basis of a "friend-enemy" scheme. Microsoft need to present very valid arguments to excuse their exclusionary practices.

    The inclusion of GPL license code in Interix and SFU 3.0 runs counter to the rational Microsoft uses for the GPL and LGPL exclusion clauses in Microsoft's license agreements. Without such an "excuse", how can Microsoft deny everybody else the right to use GPL licensed products to interoperate with Microsoft's own products?

  13. Re:The other shoe dropped. by anthony_dipierro · · Score: 2

    It is hypocritical of Microsoft to discourage others from doing what Microsoft is about to engage in itself.

    That's just silly. If I own copyright on a work, the whole point is to discourage others from doing what I am engaged in. Copyright is an exclusive right in a work.

    I think the problem is you're confusing morality with legality. Microsoft's license terms state that it is illegal to do certain things, not that it is immoral to do those things. Hypocrisy is when you don't follow the morals you possess. It is not simply when you try to force others to do things that you yourself do not do.

    Copyright is not a law of morality. It's not immoral to copy something. Copyright is not a God-given right. Rather, the people who created our country have decided that giving artists exclusive rights to their works would encourage science and the useful arts.

    When dealing with legalities, as opposed to moralities, it's perfectly legitimate to exploit every loophole in the system.