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Microsoft Claims IP Rights on Portions of OpenGL

An anonymous reader writes "Minutes of the latest OpenGL ARB meeting reveal that Microsoft is claiming IP over the vertex and fragment extensions, both critical for exposing the capabilities of modern graphics hardware. The minutes also include an update on the progress of OpenGL 2.0." The question is, what does this mean for Linux -- how will Microsoft exercise their "rights"?

22 of 361 comments (clear)

  1. i just went to microsoft update... by edrugtrader · · Score: 5, Funny

    1 update pending

    Would you like to install MSClosedGL 1.0?

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  2. They have every right to do whatever they want by Anonymous Coward · · Score: 5, Informative

    Of course and they have the "right". They bought a whole lot of IP from SGI a few months ago.
    Check it out here:
    http://slashdot.org/article.pl?sid=02/01/16/182425 6&mode=thread&tid=152

  3. It's an ARB requirement by Anonymous Coward · · Score: 5, Informative

    It's an ARB requirement for any participant to state that they might have IP involved in a particular feature or extension. Try checking out previous ARB minutes where nVidia, ATI, and other companies have made statements about their own IP and possible conflicts. This is a non-issue.

  4. It's not what it'll do to Linux... by handsomepete · · Score: 5, Interesting

    I doubt they'll really care too much about Linux OpenGL (for now) because quite honestly it's not necessary to attack it on that front. That would be a little too obviously vindictive, even for Microsoft. I think the more likely conclusion is that they'll use it to leverage their stranglehold on the DirectX/Windows combo to make it not only the standard, but the only option. Once gaming on Windows is restricted to DirectX, then OpenGL will survive solely on Linux (if it survives at all).

    1. Re:It's not what it'll do to Linux... by Lord+Omlette · · Score: 5, Funny

      OpenGL will die on Windows at ~the same time as John Carmack dies.

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      [o]_O
    2. Re:It's not what it'll do to Linux... by MissMyNewton · · Score: 5, Insightful


      then OpenGL will survive solely on Linux (if it survives at all).

      I'm gonna guess that there are now more MacOSX *desktop* users than Linux *desktop* users, so this could be a shot at Apple, who is moving their gorgeous-but-heavy Aqua interface to OpenGL in Jaguar for the purposes of hardware acceleration...

      I still don't think MS cares a whit about Linux...yet.

      BTW, (responding to a different post), I don't think John Carmack is a fool - if the OpenGL lake dries up, I'd guess he'd go fishing elsewhere...

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  5. Re:MS likes name recognition by PhxBlue · · Score: 5, Interesting

    the more times the word Microsoft appears in front of your eyes, the bigger the smil gets on their PR dept faces.. Slashdot is probably one of Microsofts biggest PR machines. Remember, there is no bad publicity..

    This is only true to a point. It depends on what the target of the spotlight (Company A) has done to earn the publicity: I don't think Michael Jackson was too happy about the publicity he received when he was being accused of molesting children, after all. For a corporation, publicity is only good when it leads to sales--and let's face it, SlashDot is hardly MicroSoft's target market for OSS.

    Besides, what does a monopoly need with publicity? Once you hit that height, publicity is more likely to be bad than good.

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  6. Mono developers beware (semi-OT) by Dr.+Awktagon · · Score: 5, Insightful

    Ahh, how appropriate, I was just going to make a post on the "donate to Gnome" thread about how this whole Mono thing is a disaster waiting to happen (i.e., Microsoft will activate the .NET "poison pill" as soon as Mono becomes a threat, through patents or other means, and Mono users will have no place to go but genuine .NET).

    Perhaps this OpenGL bit will blow over, or perhaps we should keep an eye on it as a sort of model for future Microsoft attacks on "open xyz".

    Let's check the link, there are some quotes:

    They're offering to license their IP under reasonable and nondiscriminatory terms; will license rights to the extent necessary, provided a reciprocal license is granted to MS. Granted on 1:1 basis for OpenGL 1.3, 1.4, and earlier versions.

    Ahh, there's the magic "reasonable" (to Microsoft) and "non-discriminatory" (except if you don't agree to the terms). How would this cross-licensing apply to implementations other than the official OpenGL?

    Microsoft suggests that other bodies have licensing terms that are more effective in a corporate sense, and we should look at adopting some of those terms.

    Uh huh..what does "more effective in a corporate sense" mean exactly....

    Well I don't know much about OpenGL licensing, or how much of this extension stuff is implemented in non-OpenGL implementations (like Mesa?) so I'll just watch and see what happens.

  7. Yeah... by TheDanish · · Score: 5, Insightful

    They'll have patent rights over OpenGL, among other things. Eventually, The Onion's article will be true. Did anyone else think of this?

    http://www.theonion.com/onion3311/microsoftpatents .html

    It's not too far off.

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    Danish != nationality
  8. Not just Linux... by zaren · · Score: 5, Insightful

    what about Apple? MacOS does a lot of things with OpenGL too...

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  9. It means nothing . by Decado · · Score: 5, Interesting

    Read the bloody minutes, they arent demanding that OpenGL cease to exist, they are just declaring that they have related patents and as near as I could gather from the article they are being made available for use by OpenGL as long as the OpenGL people agree to allow Microsoft to use any OpenGL technology developed using them. It's a bit pre-emptive when we are hanging Microsoft just for having the patents, can we please use this effort on people who exploit their patents and not on those who simply posess them?

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    1. Re:It means nothing . by Bruce+Perens · · Score: 5, Interesting
      So, does everybody have to sign away their rights to MS just because MS might think they have a related patent?

      Bruce

    2. Re:It means nothing . by Cryptnotic · · Score: 5, Insightful
      I don't see why. *smile* To me it sounds like Microsoft would be satisfied if any OpenGL technology developed using their "Intelectual Property" was GPL'd.

      You're being naive. Microsoft doesn't care who implements it. Microsoft can reimplement whatever it wants to. They have more than enough programmers to do so. What Microsoft wants is a free license to use OpenGL 2.0. This is very dangerous, since normally OpenGL implementations need to be certified by the OpenGL group. This certification costs money, which is why the Mesa 3D people weren't allowed to call themselves an OpenGL implementation. If Microsoft can say that their implementation is OpenGL 2.0 without any kind of certification, then their version would be the de facto OpenGL, regardless of what the standard is.

      If the OpenGL group blindly agrees to Microsoft's seemingly generous offer, the lawyers who make the decisions will hopefully explain that signing away liberties is not such a great idea.

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    3. Re:It means nothing . by lpontiac · · Score: 5, Insightful
      It's a bit pre-emptive when we are hanging Microsoft just for having the patents

      Not really. Microsoft has been convicted of anti-trust violations by a court of law. In case you didn't catch that, Microsoft has been convicted of anti-trust violations by a court of law. Just so that everyone is sure to see it:

      Microsoft has been convicted of anti-trust violations by a court of law.

      Integration across markets isn't safe when these guys are involved. Microsoft has demonstrated time and time again that when they have any sort of leverage, the rest of the market suffers.

      They didn't gain these patents in the course of research, they bought them from SGI for $62.5 million. Microsoft doesn't develop graphics hardware, so what could they have in mind for these patents that makes them worth $62.5 million?

  10. Too little to go on... by Codeala · · Score: 5, Informative
    This is their entire claim as recorded in the minute:
    Microsoft believes they have patent rights relating to the ARB_vertex_program extension.
    Not much to go on really. What is interesting is the members' reactions (especially NVIDIA's):
    IBM thinks it's premature to vote on this without seeing the MS license terms. NVIDIA wants to vote it in at this meeting. SGI thinks if we can't deal with IP claims, we might as well all go home.
    It seems crazy to "vote it in" (as in agreeing?) with so little information. Unless you are in really deep with MS ;-)
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    Codeala - Just another mindless drone
  11. Re"They have every right to do whatever they want" by Anonymous Coward · · Score: 5, Interesting

    While i believe that Microsoft is not doing anything relevant to the current slashdot that is not completely within their rights, it is very important to remember:

    "Microsoft has every right to do whatever they want" is currently an incorrect statement. Microsoft is currently legally determined to be an illegal monopoly. That means that until government correction, which has not happened yet, Microsoft's rights do not currently encompass "whatever they want". There are a number of things they do not have the right to do.

    Of course, the things that they have no right to do because they are legally a monopoly are not relevant to the current discussion, like i said, but please keep that in mind-- they currently DO NOT have the right to act in an anticompetitive manner, in certain ways under certain circumstances that would be legal for an other company.

    That said, the current article is just stupid. It would be interesting to have a conversation on the subject of exactly how much of OpenGL is subject to destruction by a malicious entity buying up and then denying public use of OpenGL-related patents, but the incendentiary attack in the slashdot blurb is totally unwarranted as MS has not given any indication of doing anything yet. The bit about MS buying bits of OpenGL is important but we've already had a slashdot thread on that somewhere.

  12. Re:Um... should we be asking... by Citizen+of+Earth · · Score: 5, Interesting

    I'm certainly not pro-Microsoft, but I don't see anyone asking the question of "are these claims valid"? If so, I think we should be wondering why Microsoft IP ended up in OpenGL implementations. I mean, it's fun to hate Microsoft and all, but if they did invent something, they should have some rights.

    You're not being cynical enough. Of course Microsoft didn't invent anything; they never have. They bought patents from SGI a few months ago for exactly this purpose: to eliminate OpenGL as a competitor to DirectX. Since SGI was a major contributor to OpenGL, one must wonder if the patents were really used and under what legal conditions and whether selling the patents to a third party doesn't also bind the third party to the conditions under which the patents were used in OpenGL.

  13. Microsoft and 3D Graphics: A Case Study by Performer+Guy · · Score: 5, Informative
  14. RAND licensing terms can rule out Open Source by Bruce+Perens · · Score: 5, Insightful
    RAND licensing terms do not necessarily allow Open Source implementations. It sounds like they may be offering OpenGL a royalty-free cross-license, but the terms of another recent Microsoft standards-related license explicitly ruled out GPL and LGPL implementations. They won't accept anything that they can't embrace-and-extend.

    Bruce

  15. Patent farming by Bruce+Perens · · Score: 5, Insightful
    "In a corporate sense" means that other standards bodies allow companies to insert revenue-generating patents into new standards. If MS can get a revenue generating patent into many new standards, it won't even have to sell software any longer. They can just charge everyone else for the right to make software.

    Bruce

  16. Re:If Apple has voting members on the ARB... by zangdesign · · Score: 5, Insightful

    Because Apple is a corporate entity, whereas Open Source is a philosophy?

    If you consider the makeup of the board, only IBM has any kind of direct interest in Linux and I really don't think they want Linux for it's amazing leaps forward in GUI design.

    The remainder of the board all have their own fish to fry and none of them are direct contributors to Linux, AFAIK.

    So, boys and girls, time to nut up and get some corporation to back the OpenGL initiative on Linux, which means someone's gonna have to make some bucks off it somewhere to cover the cost of all that politicking.

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  17. Would Sun let Microsoft on the board for Java? by Chris+Canfield · · Score: 5, Interesting
    The server seems to be bearing the load, so I won't karmawhore and repost the thing.

    However, just so much of this is bad news that a whole lot is coming back for this post.

    Microsoft believes they have patent rights relating to the ARB_vertex_program extension. They did not contribute to the extension, but are trying to be upfront about it. They're offering to license their IP under reasonable and nondiscriminatory terms; will license rights to the extent necessary, provided a reciprocal license is granted to MS. Granted on 1:1 basis for OpenGL 1.3, 1.4, and earlier versions.

    Who here wants to bet that Microsoft, who they admit didn't contribute to the extension, were the ones that used the term "reasonable and nondiscriminatory"? I find it surprisingly unprofessional of the transcriber that they kept the wording as fact. I also find it surprising that anyone can say with a straight face, "If you want to use this extension to shade the corners of your polygons, you must give us the right to use all of your software, and all of your old software, any way we see fit. It's 1:1." If it really was one to one they would walk away with a method of optimizing bump mapping, or some such.

    IBM thinks it's premature to vote on this without seeing the MS license terms. NVIDIA wants to vote it in at this meeting. SGI thinks if we can't deal with IP claims, we might as well all go home.

    Ah, IBM is wise in the ways of patent warfare. IBM, today being played by Suzy Deffeyes, knows all too well that if an opponent signs on the line before the contract is written, your terms will only seem "reasonable" as in the eyes of a conquering army. NVIDIA, Nick Triantos and Pat Brown, shame on you! You may be great engineers, but you are horrible lawyers.

    Microsoft suggests that other bodies have licensing terms that are more effective in a corporate sense, and we should look at adopting some of those terms.

    Microsoft is now suggesting the term "OpenGL" should mean open for business, and not Open doors. Notice this is a sudden attack on the very nature of OpenGL, not to mention it's ability to compete.

    Technical issue - 3Dlabs doesn't find 1.4 all that compelling without vertex programming, but finds the vec4 architecture underlying ARB_vertex_program too hardware-specific to include into 1.4 except as an optional subset. Seems short-sighted to incorporate into the standard when this assembler-level functionality is likely to be quickly superseded by new silicon generations; but it serves a tactical purpose, to take advantage of current market conditions.

    And so we see Microsoft's plan starting to take form... The fellowship is breaking.

    Bill asked about Microsoft's IP position on just the program management framework; Dave was unable to comment at this point.

    Forgive me for being so pessimistic, but when you run in and say you have a patent claim on part of the development spec for your project... Couldn't you have a little more background information available? At least for your own knowledge?

    Suzy asked Microsoft to figure out their IP claims, if any, against just the program management stuff.

    Once again, Suzy, I salute you.

    However, I really have to question the purpose of having microsoft on board. They disagree with the business model, the offer a competing product which they have made every effort to set as the defacto standard, and they have a long history of joining competing projects in order to destroy them. Java anyone? Microsoft doesn't make graphics accelerators, chipsets, or computers like everyone else on that board does. They are the OS, but they are also a competitor to the group's mission. Why do you invite the wolf in to protect the sheep?

    My god, it's been a long time since I hated microsoft this much. Thank you again, Slashdot, for reminding me what is important in life.

    (Sigh, time to go punch the Microsoft butterflies again. The stuffed ones, not the foolish ones.

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