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Microsoft Offers to License the Internet

NW writes "According to an eWeek story Microsoft is beginning to assert IP rights over 130 protocols including many basic Internet protocols including TCP/IP, DNS, etc. The story originates with a mailing list post to the IETF's IPR list."

42 of 463 comments (clear)

  1. Like most other IP battles... by DarthBart · · Score: 4, Interesting

    This one was probably started by a intern lawyer at MS who's trying to impress his boss with "Look what I can do!"

    1. Re:Like most other IP battles... by datGSguy · · Score: 5, Funny

      I for one welcome our new.... er... fuck no!

      --
      Arachninecronymphocranialpheliaphobiacs Anonymous
  2. Before the M$ Bashing Begins by OverlordQ · · Score: 5, Insightful
    I think this follow-up to the post in the NG fits nicely:

    Keep in mind that even though the core protocols haven't changed that
    much, actual TCP/IP deployments have drastically changed since the
    early 80s. Efficient packet forwarding algorithms (which are
    necessary in Gigabit networks and beyond) are certainly subject to
    patents today.
    --
    Your hair look like poop, Bob! - Wanker.
    1. Re:Before the M$ Bashing Begins by kasperd · · Score: 4, Informative

      If people would just stop talking about things they don't understand, things would get a lot more quiet. First of all almost everybody who use the term TCP/IP don't know what they are talking about. Because if they knew what they were talking about, they would use the right term, which is often one of the protocols IP, ICMP, UDP, or TCP.

      Packet forwarding have nothing to do with TCP. It happens in the IP layer, the efficiency is obviously also to some extent affected by the lower layer protocols. But not the higher layers like TCP. But mostly efficiency of forwarding is an implementation issue, and not a property of the actual protocol.

      To make things even worse a new term was invented to confuse people, and it is also called IP. Since this term covers a nonexisting concept it is in our best interrest not to use it. IP means Internet Protocol, any other use of that abreviation should be avoided. Unfortunately a lot people errornously use the term TCP/IP about the Internet Protocol.

      Some confusion can be avoided by actually specifying the version number as well and say IPv4 or IPv6 rather than just IP. But for god's sake, make sure you use the right terms, or you will just cause even more confusion.

      --

      Do you care about the security of your wireless mouse?
    2. Re:Before the M$ Bashing Begins by Guy+Harris · · Score: 4, Insightful
      Keep in mind that even though the core protocols haven't changed that much, actual TCP/IP deployments have drastically changed since the early 80s. Efficient packet forwarding algorithms (which are necessary in Gigabit networks and beyond) are certainly subject to patents today.

      As might efficient packet discarding algorithms, as per their listing the Discard Protocol as one of the protocols you can license from them.

      That strongly suggests to me, at least, that they just enumerated protocols Microsoft implements but didn't invent solely by themselves (or didn't invent at all), and threw them into the list, perhaps on the theory that it's better that other organizations and individuals spend time figuring out what stuff might be covered by patents owned by Microsoft than that they spend time figuring out what public protocols actually are covered, in part or in whole, by some Microsoft patent.

    3. Re:Before the M$ Bashing Begins by pchan- · · Score: 5, Funny

      As might efficient packet discarding algorithms, as per their listing the Discard Protocol as one of the protocols you can license from them.

      you're saying there's no innovation to be had in the discard protocol? the lazy unix programmer would just take his echo protocol implementation and redirect output to /dev/null. of course, after a bit of optimizing (and probably an assembly implementation), he would discover that he could just throw away that buffer and be done with it. now, you're thinking, "sure, that's obvious."

      microsoft doesn't do things like that. they planned ahead. what if you want to tunnel discard over an ipsec tunnel of ipv6? what if you wanted to implement discard via remote method invocation using xml with soap? what if you wanted every application you write to have access to the discard protocol as simply as instantiating an object?

      that's why they created the microsoft abstract discard server (ms discard). the ms discard library provides you with an abstract implementation of a general discard server, as well as a fully functional discard client. the discard server is fully input-neutral, and can accept data from many common stream formats. have you ever wanted to run a discard server against a relational database query? probably not. but now you can! this is done easily by using the odbc discard data source bridge (or if you need speed over portability, oci). virtually any data source can be discarded in a clean, multithreaded, scalable fashion. discard is now available enterprise-wide over ldap. do your discard servers need load balancing and failover redundancy? with ms discard, you can take advantage of advanced clustering features and achieve five 9's of uptime from your discard server farm (*requires ms discard clustering server and windows 2003 advanced server pro champion edition).

      in short, don't assume that just because the protocol in basic, the implementation can't be bloated and patented.

    4. Re:Before the M$ Bashing Begins by Trogre · · Score: 5, Funny

      Congratulations on your recent completion the first semester of the Cisco CCNA course!

      I hope you feel better now that you've clarified your opinion of the terms TCP, IP and TCP/IP to the rest of us. Boy do we feel stupid.

      Good luck with semester 2.

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
  3. RedSox, Bush, MPAA by metlin · · Score: 4, Funny

    ...and Microsoft.

    Perfect!

    The Horsemen are drawing nearer,
    On Law suits they ride,
    They come to take your LIFE!

  4. How can I pay? by mfearby · · Score: 4, Funny

    ... and, more importantly, where do I input my credit card number? Microsoft worked hard for every patent they invented and deserve a right to protect it and earn financial reward for it... NOT!

    1. Re:How can I pay? by metlin · · Score: 4, Insightful

      You think you are scared?

      You're not scared enough -- MS has _tonnes_ of patents in the WIMP area, which several Operating Systems use.

      MSR has been filing patents left right and center, in various areas such as Graphics, AI and what not. They even have people working on areas of Information Theory in Quantum Computing and what not.

      A search on Delphion shows that about 7,542 patents have been registered in almost every conceivable area of computer science.

      I was hoping that MS would not take this stance, but I guess this was inevitable.

    2. Re:How can I pay? by mfearby · · Score: 5, Insightful

      What scares me is that Australia will probably end up with copyright and patent laws the same as the United States (which is part of our "free trade" agreement). I guess I can always renounce technology and go back to reading books and using pen and paper, but then, I'm sure Amazon has a patent on "a mechanism for the immediate and periodic loan of printed material from a central repository" (meaning I can't borrow library books, unless it takes more than one step :-)

    3. Re:How can I pay? by igrp · · Score: 4, Informative
      Microsoft didn't invent this game though. They're just playing it. And as usual, they're a tad bit late and have to play hardball to catch up with the competition. And of course, as usual, they throw at a lot of money at the (perceived) problem (which, sadly, I have to admit has usually worked for them in the past more often than not).

      IBM has been doing this for decades and they are exceptionally good at this. The difference is that, at least at this point in time, they do not actively do anything with their patents - at least not beyond the point of what's necessary to keep them. They just keep filing new patents to keep their asses covered. And, in a way, they have to do that to ensure the survival of the company. Think about it: it's way cheaper to just file for and receive a patent than to challenge somebody else's patent and to try and have that invalidated (something that hardly ever happens). It also helps with ligigation. If another company is suing you, you first check your database to see if they have violated one of your patents.

      And to give you an idea of what I'm talking about, check out this quote from IBM's IP & Licensing website:

      In 2003, IBM received 3,415 U.S. patents from the USPTO. This is the eleventh consecutive year that IBM has received more U.S. patents than any other company in the world. In addition to delivering these innovations through its products and services, IBM maintains an active patent and technology licensing program.

      And, believe me, they're covering all their bases (last time, I checked they had 23k+ active patents and they have some exceptionally good lawyers). Please don't get me wrong. I'm not saying IBM is the bad guy here. I like the fact that they're supporting Linux as much as the next guy. I'm not even saying what they're doing is inherently evil. I'm merely trying to point out that patents are becoming a priority issue everywhere and that it's becoming increasingly important to CYA.

  5. Unsafe intercourse by wombatmobile · · Score: 4, Funny

    MS seems to have caught SCO disease.

    1. Re:Unsafe intercourse by R.Caley · · Score: 4, Informative
      MS seems to have caught SCO disease.

      MS had it first, and they probably caught it from Apple -- remember when Apple were threatening to sue people (including MS) they claimed had copied the interface Apple had nicked from Xerox?

      Suckers may be born every minute, but the scams stay the same. Back when the first animal evolved a mechanism to mark out a territory it opened an ecological niche for a mimic to pretend to own territory it hadn't had to work to get and hold.

      --
      _O_
      .|<
      The named which can be named is not the true named
  6. Intellectual Property Strikes Again! by RAMMS+EIN · · Score: 5, Interesting

    And I thought the purpose of intellectual property was to encourage innovation. With talented people now forced to investigate potential issues, I can't see how IP does anything but slow progress. Time for revision?

    --
    Please correct me if I got my facts wrong.
  7. Re:MS & TCP/IP by Harassed · · Score: 4, Informative

    I wish people would stop jumping to conclusions! The author of the original document states that there is no mention of specific patent numbers so we don't know that Microsoft think they have any rights to the core TCP/IP, DNS or any other protocols.

    As one of the first followups states, however:

    "Keep in mind that even though the core protocols haven't changed that
    much, actual TCP/IP deployments have drastically changed since the
    early 80s. Efficient packet forwarding algorithms (which are
    necessary in Gigabit networks and beyond) are certainly subject to
    patents today."

    There is nothing to stop Microsoft (or IBM or anyone else for that matter) developing such algorithms and patenting them. Before you all go off on your anti-Microsoft tirades, please make sure you have all the facts and not just conjecture!

  8. No problem, use TTCPS! by jocks · · Score: 5, Funny

    Being the canny Scot that I am, I have used my inate ingenuity and now all my computers at home are linked together using TTCPS. Yes Two Tin Cans and a Piece of String networking is the way forward.

    I have already spoken to Linus T. who will be imlementing TTCPS in kernel 2.8, but I have released some modules which can be compiled into kernels 2.4 and 2.6 right now. Those of us on BSD can try the Two Steel Cans and a Piece of Cord (TSCPC) protocol but I'm not sure about compatability.

    I've also received a letter from SCO's lawyers claiming that the string I used was from their own private ball and I should cease and desist. To counter this I am using twine spun by my own mother from the wool of our own sheep. I still maintain that the string I was using was just like any other piece of string and as SCO has been unable to specify what length they have missing I am not too worried.

    Some geeks over at www.ttcpsgeek.org have been experimenting with High-Tensile string and have achieved remarkable increases in bandwidth - expect this to be ported back into TTCPSv2, due for release at the end of February.

  9. Fuck, Someone's going to be pissed by theolein · · Score: 4, Insightful

    I sit here using my Mac, open the MS page listing all the protocols that MS wants you to sign a licence agreement for, and lo and behold I see that Apple File Protocol is the first on that list. I think Apple might have some fun with it's lawyers on this one.

    I also wonder just how arrogant, dumb and just plainly disconnected from reality you have to be to start licencing protocols that Microsoft had absolutely nothing to do with, such as DNS, DHCP, TCP/IP etc.

    And the microsofties on this board wonder why people refer to MS as M$ or slam the company constantly.

    MS is a bunch of criminal bastards. Fuck them and may they burn in fucking hell.

    1. Re:Fuck, Someone's going to be pissed by dbIII · · Score: 4, Interesting
      I also wonder just how arrogant, dumb and just plainly disconnected from reality you have to be to start licencing protocols that Microsoft had absolutely nothing to do with, such as DNS, DHCP, TCP/IP etc.
      I wonder why this isn't considered fraud? Since MS got off unscathed after being found guilty in the last case, have they decided to push the envelope a bit more and see if they can get away with no penalty on this?
  10. Re:MS & TCP/IP by ettlz · · Score: 5, Funny
    I think the acronyms have been mixed up here. Perhaps Microsoft is referring to the following, lesser-known usages:
    • TCP/IP Take Court Proceedings over Intellectual Property;
    • DNS Darl's Not Sinister;
    • DHCP Devise Hazardous Corporate Patents;
    • LPD Lawyers Paid Double; and, finally
    • RIP Our IP
    That said, I've never found any alternate uses for NetBIOS over TCP/IP. Or UPnP.
  11. How unexpected by mvdwege · · Score: 4, Interesting

    And of course, when yet another of MS' asinine patents is discussed, the shills come out of the woodwork bleating the corporate line "Microsoft is only interested in using their IP defensively!".

    I completely fail to see how this can ever be used for anything but to harass competitors. Not surprising, since this strategic direction was already outlined in a 1998 memo.

    So this ought to shut up the MS shills for awhile (unfortunately, there is a large divide between 'ought' and 'will').

    Mart
    --
    "I know I will be modded down for this": where's the option '-1, Asking for it'?
  12. FUD by anonymous+cowherd+(m · · Score: 5, Insightful
    This FAQ entry referenced by TFA makes it pretty clear that MSFT is not claiming ownership of anything with this:

    Published Protocols And Royalty-Free License FAQ Q. When I sign a royalty-free agreement for these protocols, what am I licensing? A. The list of protocols under this license includes protocols for which documentation has been published, and that Microsoft has implemented in Windows client operating systems to interoperate with Windows server operating systems (up to and including Windows Server 2003). However, just because a protocol appears on the list does not mean that Microsoft is the owner or sole owner of rights in that protocol or its documentation. What the royalty-free license does is ensure that a license is available from Microsoft under whatever rights it may have in the published documentation and/or protocols on the list.
    MSFT is not, as TFA summary indicates, "licencing the internet," in any meaningful way. That would imply that MSFT owns or controls what it is licencing. Further, TFA itself states that "a significant number of protocols date from the early 1980's," so, "here is no reason to suspect that Microsoft has any patent rights to these early protocols (such as the TCP/IP v4 core protocols). Further, in the unlikely event that applicable patents may be discovered, they would have likely expired at this point."

    This is clearly, yet again, a story that is more about MSFT bashing than about anything real.

    --
    http://neokosmos.blogsome.com
    1. Re:FUD by davecb · · Score: 5, Informative

      Not just FUD, but also lock-in. Please see the warning at the Samba Development page: In order to avoid any potential licensing issues we also ask that anyone who has signed the Microsoft CIFS Royalty Free Agreement not submit patches to Samba, nor base patches on the referenced specification.

      Anyone who voluntarily licenses, for example, eating fish, must then abide by the fish-eating license (:-))

      --dave

      --
      davecb@spamcop.net
    2. Re:FUD by davecb · · Score: 4, Informative
      I wasn't: I'm quoting the Samba team's warning against contributing to Samba while having signed an agreement about the other protocols.

      -- dave

      --
      davecb@spamcop.net
    3. Re:FUD by anonymous+cowherd+(m · · Score: 4, Informative
      However a follow up to TFA states:

      Keep in mind that even though the core protocols haven't changed that much, actual TCP/IP deployments have drastically changed since the early 80s. Efficient packet forwarding algorithms (which are necessary in Gigabit networks and beyond) are certainly subject to patents today.

      This would still be true, even if MSFT did not offer to licence these protocols! Furthermore, by not having a licence to a protocol which MSFT has legitimate patent claims on, you effectively deny yourself the ability to use that protocol. That is, unless the idea of a horde of MSFT lawyers beating down your door looking to extract licencing fees you could have avoided by licencing the protocol for free.

      I'm not saying anybody should licence TCP/IP from MSFT. Far from it. MSFT clearly has no legitimate claims on ipv4, because the patents would have expired by now anyway, as TFA very clearly states. (Well, that, and MS Windows' ip stack was basically ripped out of BSD.)

      If your lawyers have reviewed any possible claims MSFT has on a given protocol and determine that there are no valid ones, then there is no reason to licence it from MSFT at all. If MSFT does have a valid claim, then this licence is probably the best you're going to get out of them for free. If you want more, you'll have to licence it the normal way, which involves spending some dough.

      --
      http://neokosmos.blogsome.com
    4. Re:FUD by Dashing+Leech · · Score: 5, Interesting
      Nothing to see here at all.

      Except that we don't need a license to use them, and by signing up to the license we are locked into something.

      This looks very much like someone saying "Sign my free license and you will be able to use your own bank cards", which you can do now, but the license says you can only use money obtained through the bank card to buy Microsoft products. Why would anyone take that license?

      This sounds very much like a bad scam. It's not clear what the purpose of it is or why Microsoft is doing this. It doesn't appear to give you anything you don't already have. (And yes, I RTFA.)

    5. Re:FUD by SilentChris · · Score: 5, Interesting

      RTFL (read the f'ing license). There's no "signup", no "legal binding". I don't think they even expect anyone to request this license.

      Methinks this was just a way of classification within Microsoft. Someone in management asked "What kind of license do we give out for the public domain stuff we use?" (because EVERYTHING at MS is license; if you use the bathroom, you're licensed to do so). The lawyers looked, saw that they didn't own any of it, and put together a faux "license" that basically says "We don't own any of it, even though it's in our product."

      If you read through the license, it basically exercises no legal rights at all. It's a pointer, in essense, to the public domain. If this was ever brought up in a court, the opponents could basically point to the thing and say "MS, you absolved all potential 'rights' with this 'license'." If nothing else, this "license" is a good thing, because MS is basically backing off with it's hands in the air.

    6. Re:FUD by SilentChris · · Score: 5, Informative

      Um, read the article. And the license. All you did was read the Slashdot headline.

      If you read the license, you would've seen this:

      "Implementation of these Protocols and, to the extent Microsoft is not the owner or sole owner of the Technical Documentation for these Protocols, use of this Technical Documentation may require securing additional rights from third parties. Licensee is responsible for contacting such third parties directly to discuss licensing details."

      In other words, "We don't own or have any legal rights over any of this stuff. We're, instead, pointing you to the public domain."

      If anything, the license is a complete absolution of any legal rights, and is instead a classification method. MS management probably asked "where does public domain stuff fit into our licensing schemes" (since everything at MS is licensed). The lawyers turned around and said "Nowhere." "Well, write a 'license' anyway, even if it doesn't do anything." If it was ever brought up and court, opponents could actually use the thing against MS and say "look, you absolved any possible legal ownership over these". If nothing else, this "license" is a good thing.

    7. Re:FUD by radtea · · Score: 5, Insightful

      TCP/IP is included on the list of licensed protocols.

      "So what?", you may say.

      Well...

      The Recitals (which is the part of a license agreement that amongst other things lays out what property the licenser owns and is willing to license) declares that the licensee wants to license these protocols "under any applicable intellectual property rights that Microsoft may have"

      But...

      There is no conceivable scenario in which Microsoft could have any rights to TCP/IP whatsoever.

      So why is it included in the agreement?

      This would be like my company, whose products use XML parsers, licensing the XML standard to our users. It would be bizzare on the face of it, and such a contract would be in my view very poorly written. Good contracts contain just what they need to contain, and nothing more. Microsoft's lawyers probably know this.

      So why exactly did they invest the effort into creating such an extensive list?

      This story is not about Microsoft bashing. It is about a very strange license from a very powerful company, which should give us all pause.

      --Tom

      --
      Blasphemy is a human right. Blasphemophobia kills.
    8. Re:FUD by davecb · · Score: 4, Informative
      I think you're misunderstanding what I said: the Samba team is concerned about anyone contributing who was legally bound to an agreement with Microsoft. Anyone bound by that agreement who contributes, taints the Samba source code.

      Samba implements a protocol which was analyzed "off the wire", and so is not legally encumbered by a license. They wish to stay that way.

      Which protocol? Every protocol.

      --dave

      --
      davecb@spamcop.net
  13. Closer look by MadFarmAnimalz · · Score: 5, Informative

    I think the level of implied evilness in this matter is overplayed. Microsoft aren't denying that these standards are not exactly theirs exclusively to play around with.

    Reading the FAQ, it looks more like some arcane clot of lawyers came up with this one to cover [Microsoft's|developers'] butts from ???. (can't figure out what the lawyers were trying to accomplish).

    Specifically, this:

    Q. I noticed a number of these protocols are available for license via other avenues - for instance, under license agreements promulgated by members of a standards setting body. If I already have rights to implement protocols (e.g., under other agreements), do I also have to sign a royalty-free license?

    A. No, unless you wish to obtain rights available under the royalty-free license that are not available under other license agreements you may have.


    There. They are acknowledging that you can use the protocols anyway without signing this license agreement.

    Strange move, but not evil if I read things properly.

    --
    Blearf. Blearf, I say.
  14. Part of DOJ settlement by Keeper · · Score: 4, Informative

    This is part of the DOJ settlement requiring Microsoft to license communications protocols essential for 3rd party software/operating systems to interoperate with Windows. No matter how stupid, trivial, or ancient, they're required to license them.

    And now they have.

    From the FAQ (http://msdn.microsoft.com/library/default.asp?url =/library/en-us/randz/protocol/published_protocols _and_royalty-free_license_faq.asp):

    Q. When I sign a royalty-free agreement for these protocols, what am I licensing?

    A. The list of protocols under this license includes protocols for which documentation has been published, and that Microsoft has implemented in Windows client operating systems to interoperate with Windows server operating systems (up to and including Windows Server 2003). However, just because a protocol appears on the list does not mean that Microsoft is the owner or sole owner of rights in that protocol or its documentation. What the royalty-free license does is ensure that a license is available from Microsoft under whatever rights it may have in the published documentation and/or protocols on the list.

    1. Re:Part of DOJ settlement by nagora · · Score: 4, Interesting
      No matter how stupid, trivial, or ancient, they're required to license them.

      You can't license what you don't own. The obvious motivation for this long list is to allow MS to claim ownership at some future date when President Jeb Bush lifts even the pathetic restrictions of the DoJ case. They know that many small companies (and that's most when compared to MS) will simply fold and pay up rather than face being ground down in court for 10 years arguing the point.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
  15. One stop indemnification? by Anonymous Coward · · Score: 5, Insightful

    I for one will welcome the day we can read a story about how Slashdot editors have finally decided to read the text of the submissions, and at least scan the contents of the offered links.

  16. The Real Problem by justin_speers · · Score: 4, Informative
    First off, everyone should read anonymous_cowherd's comment above before panicking or engaging in any premature Microsoft bashing...

    Second off, before everyone starts ripping on evil corporations and patents... let's not forget that the evil Government creates the environment that breeds bacterial scum like SCO.

    In other words, engage in some activism. Help out the EFF, fight software patents in Europe, do whatever it takes to stop this problem at the source: Evil Government...

  17. Re:Part of DOJ settlement (confusing) by KontinMonet · · Score: 5, Insightful

    ..a license is available from Microsoft under whatever rights it may have...

    Of what use is this license to the ordinary Joe? If MS terminates the license after 30 days, then what? Does Joe have to re-license the use of all 130 protocols elsewhere? And is Joe aware that there may be rights that are no longer valid making him have only partial rights to documentation and protocols? And, under the terms of the license, no improvement to the protocols is allowed either even if MS has no rights in that particular protocol.

    Perhaps MS should have named it a ...royalty free but (perhaps partially) restricting and confusing license...

    --
    Did he inhale?
  18. Re:Al Gore by Fulcrum+of+Evil · · Score: 4, Funny

    But I thought AL Gore invented the Internet?

    Oh, come on. That joke hasn't been funny for 4 years. Maybe you could think of something new?

    --
    "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  19. Re:Al Gore by itsNothing · · Score: 5, Informative
    The record shows that Mr. Gore did a lot more for your internet connection than you're giving him credit for. Mr. Gore didn't invent networks or protocols or browsers. He gave you commercial-free bandwidth.

    The most recent IEEE Spectrum (Nov. 2004) has an article about their success in predicting technology over the past 40 years (it's their 40th anniversary issue).

    The 1989 entry (pg. 79) is The Internet. The text:

    Sometimes all you have to do is unlock the barn door--the hourse will amble out, and the cart will follow. When it came to the horse that would turn into the Internet, Bob Lucky wasn't worried about where it would go--he just wanted to be sure he was along for the ride.

    In September 1989, two years before any commercial activity on the Internet and four years before the graphical Web, the plucky Lucky, then a Bell Labs research director and still Spectrum's in-house sage, wrote: "A bill bending before the United States Congress, sponsored by Senator Albert Gore Jr. (D-Tenn), would authorize the construction of a nationwide gigabit network to connect educational and research institutes. The issue that keeps being raised is: what would a user do with a gigabit data link?"

    Lucky's answer was simple. "We are not very good at prediciting uses until the actual service becomes available. I am not worried; we will think of something when it happens."

    At that time, 56K was sufficient for research; those home users who existed were getting by with 300 to 1440 Baud. (Even today, many users still survive on dial-up.) Of course, someone would have gotten the idea to fund a high speed network for commercial use. However, it almost certainly wouldn't look like the one that got funded for educational and research use, though. Necessarily so, it would have been immediately organized to generate an ROI for the investors who paid for it. Who knows? Maybe SPAM would have been called: COMMERCIAL CONTENT?

    Gore's contribution wasn't technical, but if you've been paying attention you'll know that the technical problems are almost always the easiest to solve. The Internet as we know it today wouldn't exist without high bandwidth, inexpensive data pipes, and Mr. Gore generated the cash to have those built. I think he deserves a little credit for the significance of the contribution he made.

  20. Re:Hold your hourses! by SilentChris · · Score: 4, Informative

    Good, you've RTFA. Now go all the way and RTFL (read the f*ing license). Apparently the guy in the eWeek story didn't.

    "Implementation of these Protocols and, to the extent Microsoft is not the owner or sole owner of the Technical Documentation for these Protocols, use of this Technical Documentation may require securing additional rights from third parties. Licensee is responsible for contacting such third parties directly to discuss licensing details."

    In other words, "We don't own any of this. We use it. If you use MS software to access these protocols, here's the (extremely liberal and almost nonexistant) 'license' to do so." Nothing to see here.

  21. Terminate your licence to use Appletalk? by dbIII · · Score: 5, Insightful
    The licence does state plainly that MS can terminate it, and states plainly that Appletalk is covered by the licence.

    It is not within Microsofts power to do that - so why is this document not considered fraud?

    Also, MS offers no form of warranty and accepts no liability, so this licence is completely worthless in any case.

  22. TCP/IP Term by Anonymous Coward · · Score: 5, Informative

    Go read TCP/IP Illustrated, volume I, by W. Richard Stenvens (one of the best technical book I know). The term "TCP/IP" is used to speak about all "the TCP/IP protocol suite", so it is about IP, TCP, UDP, ICMP, bgp4, ospf, etc.

  23. License is not benign. by PolR · · Score: 4, Insightful
    RTF, yes M$ does not claimn ownership of the protocol. But they won't tell they don't own it either. If you have signed the licensed, would your lawyer advise that you can take the chance?

    The license contains some interesting clauses. For example:

    3.4 Reservation of Rights. All rights not expressly granted in this Agreement are reserved by Microsoft. No additional rights are granted by implication or estoppel or otherwise. By way of clarification, in order for a third party to distribute a Licensed Implementation as part of its third party branded products, such party must be authorized to do so by You and must also execute this license and comply with its terms.
    Here we have an obligation for licensee to license their implementation of the protocol and require third parties to enforce the license as well. This obligation exists even if M$ has no right to the protocol in the first place.

    Another funny clause:

    3.2 Patent License. To the extent Microsoft has Necessary Claims, Microsoft hereby grants You a nonexclusive, royalty-free, non-sublicenseable, personal, worldwide license under those Necessary Claims to use the Technical Documentation for the Licensed Protocols to:

    (a) make, use, import, offer to sell, sell and distribute directly or indirectly to end users, object code versions of Licensed Implementations only as incorporated into Licensed Products and solely for the purpose of conforming with the Protocol as described in the corresponding Technical Documentation, and

    (b) to distribute or otherwise disclose source code copies of the Licensed Implementation(s) licensed in Section 3.2(a) only if You (i) prominently display the following notice in all copies of such source code, and (ii) distribute or disclose the source code only under a license agreement that includes the following notice as a term of such license agreement and does not include any other terms that are inconsistent with, or would prohibit, the following notice:

    "This source code may incorporate intellectual property owned by Microsoft Corporation. Our provision of this source code does not include any licenses or any other rights to you under any Microsoft intellectual property. If you would like a license from Microsoft (e.g. to rebrand, redistribute), you need to contact Microsoft directly (send mail to protocol@microsoft.com)."

    Yes M$ admits they might not have a patent, but they don't tell you if they have one or not. So read clause a). It says you can distribute the licensed protocol only as a Licensed Implementation. Do you take the chance and distribute an open source implementation? If M$ happens to have a patent afterall, you are in violation. You may have good chance to challenge the patent and invalidate it, but then you are up for a trial and the contract may be found enforceable for the time period before the patent is invaludated. What would the company lawyer advice? What a PHB will decide? This is called chilling effect.

    Now look at clause b). As a licensee you are required to tell the world that M$ has rights to the protocol, even if it might not be the case.