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Microsoft License Goes to OSI But Not From Redmond

An anonymous reader writes "eWeek is reporting that a Microsoft Shared Source license, the Microsoft Community License, was submitted to the Open Source Initiative for official approval, but it wasn't Microsoft who submitted it. The license it appears was submitted by John Cowan, who is a programmer and blogger and who also volunteers for the Chester County InterLink, a non-profit founded in 1993 by former OSI president Eric Raymond and Jordan Seidel. Needless to say, the OSI contacted Microsoft to see if it should evaluate the license anyway, and was told to drop it."

7 of 142 comments (clear)

  1. Maybe they fear... by sacarius1 · · Score: 5, Funny

    SCO will sue them? :)

  2. Re:And people wonder why ... by sumdumass · · Score: 5, Insightful

    What if this wasn't a stupid prank. What if it was just someone trying to prove to some one else that microsoft's opensource license isn't opensource.

  3. Re:And people wonder why ... by Anonymous Coward · · Score: 5, Funny

    I know that one is a little of an extrapolation

    Your use of the word extrapolation is a bit of a stretch.

  4. Re:I wish they had evaluated it. by gdamore · · Score: 5, Informative

    Have you looked at the license. I confess I had not before I read this,but then I check it out at http://www.microsoft.com/resources/sharedsource/li censingbasics/communitylicense.mspx

    The license itself is short and sweet, and easy to understand. Or at least so I deem, but of course IANAL.

    I have no idea what software Microsoft has licensed under this license, but a casual read of it looks like the license should be certifiable by OSI. As far as I can tell, the only potentially confusing issue is the patent retaliation clause.

    In most other respects, it looks like a simpler version of the GPL, including being viral. I can't imagine why MS wouldn't want it blessed by OSI. Probably they just don't want to be recognized for giving source away even when they do so. Heck, they might be worried that it would scare off investors who consider Microsoft's IP portfolio as a reason for buy MS shares. :-)

    Now, it probably is a Good Thing that it isn't blessed, because the last thing we want is another viral license that also happens to be incompatible with GPL. (The patent retaliation makes it GPL-incompatible.) Life is hard enough figuring out Open Source license as it is.

  5. Re:And people wonder why ... by mabhatter654 · · Score: 5, Insightful
    there is probably some provison that the licensor would have to guarantee that the license wouldn't change over it's life... most importantly couldn't change without notice. Things like BSD, GPL, MPL, AFSL all have standardized offical versions and either no change or methods of change defined right in the license. Example: Typical GPL is version 2 dated 1991. We all know exactly what that means. If you make any changes to that you MUST call them out and notice them from the published version. MS has no "standard" license to reuse over and over.

    Microsoft licenses aren't worth the bits on the screen.. they can be changed at will by Microsoft and "paper" versions don't count. MS refuses to version or date their licenses.. it's all a game to them. If OSI was to approve a MS license, MS would have to guarantee that it wouldn't change without notice.. and they flatly refuse to do that!

  6. Re:I wish they had evaluated it. by mabhatter654 · · Score: 5, Interesting
    problems I see.

    #1...MS requires the license to USE the software. Most of the others only require the license to reproduce or modify + distribute software. They demand something, however small, just to USE the software as it's given to you. It's an EULA, not a license. Notice they think you don't have the right to even PREPARE deritive works without permission.

    Section 3 part A looks simpler than GPL, but combine with part C looks like BSD... except Microsoft always keeps it's mits in your work and all the work that follows. Where as BSD and GPL the orginal author's say ends as long as your new copy follows the rules. And again, they following users would appear to be required to accept Microsoft's EULA as well. GPL binds no progam license to any company in this manner.

    And of course, Microsoft has a more restrictive patent clause than even GPL 3. Where as GPL 3 says you must ensure you have patent rights, and grant rights to downstream users, it doesn't try to take away from you for suing somebody. I know there was talk, but it's not in the license. Microsoft removes your license if you think you need to sue them.. or even counter/cross sue in defense of them sueing you! So if this was to become widespread, anybody that MS sued would loose all rights to the 'community' software when they tried to defend themselves.

    I do notice 1 glaring ommisson for a microsoft license... They didn't leave themselves the right to revise/extend/revoke the license at will they usually include in every other license they write. I guess they're not all bad.

  7. Re:And people wonder why ... by Russ+Nelson · · Score: 5, Informative

    That's exactly what it was. John wanted to know if we would approve the licenses, because as far as he could see, they are approvable. Looks like it to me too, yet .... we'd prefer to have the steward submit the license hence my request that he withdraw them.

    --
    Don't piss off The Angry Economist