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Microsoft Vs. TestDriven.NET

Erebus writes "Jamie Cansdale released a free addin to Visual Studio back in 2004 to help developers build unit tests. His only problem was, he enable his addin for all versions of VS - including the Express addition which isn't suppose to support addins. After over a year of trying to talk with Microsoft and understand how and why he was in violation of their license agreement, during which they would never explain specifically which clause in the license was being violated, they sent the lawyers after him and pulled his MVP status. To top it all off, Jamie is actually a Java developer by day — his addin was originally developed just as a hobby project. A full account is available on his blog, including all email correspondence he had with Microsoft and the now 3 letters received from Microsoft lawyers. The lead product manager for Visual Studio Express has responded to Jamie's posts."

418 comments

  1. english by tute666 · · Score: 3, Funny

    And once again... in proper english

    1. Re:english by mooingyak · · Score: 4, Funny

      It isn't suppose to proper English.

      Good work by the additors.

      --
      William of Ockham had no beard. The most likely explanation is that it was chewed off by squirrels every morning.
    2. Re:english by DohnJoe · · Score: 5, Funny

      yes, normally this would be flamebait, but this time the English is really too crappy.

      Clearly it was not write by someone who's first language is not english,

    3. Re:english by monk.e.boy · · Score: 0, Flamebait

      the, the borg. MAN! they. YES they are everywhere like monkeys in a tree the shit on your head from a branch. ESPECIALLY if you are open source java developer IN YOUR OWN time MAN! THE MAN will take a dump on you just like a monkey in a tree. AGAINST you will, and even if you have plug into the M$ YES M$$ visual studio (which as we all know is monkey droppings) and WITH JAVA on you will get sued to buggery and back. Even in your own time as a hobby. Damn you m$. THE BORG will take a dump, from a visual studio FOR FREE (as in freedom) open source developers BEWARE don't try to cuddle BILL GATES because he will fling his on EXCREMENT in yo' face. Mutha.

      Hope that helps.

      monk.e.boy

    4. Re:english by Anonymous Coward · · Score: 3, Interesting

      Come on. The irony of this is at very high levels. M$ touts Visual studio express as the "free" windows IDE/compiler in response to many OSS competitors. Then someone develops something for it and M$ starts pitching a livid bitch fit. This is M$ paying lip service to customers, saying "look here, we're free too!" then having it bite them in the ass, because the value of M$'s software is enforced by an untested (ie legally debatable) custom shrink wrap copyright.

    5. Re:english by Himring · · Score: 2, Funny

      he enable his addin for all versions of VS.... they would never explain specifically which clause in the license was being violate....

      ah ... my hed asplode.

      --
      "All great things are simple & expressed in a single word: freedom, justice, honor, duty, mercy, hope." --Churchill
    6. Re:english by BosstonesOwn · · Score: 1

      Sorry we recently outsourced the editing jobs to China , but give it a chance , you too will soon be talking broken Engrish.

      --
      This package Does Not Contain a Winner
    7. Re:english by Dragonslicer · · Score: 1
      You missed one.

      including the Express addition
      Is it sad that I don't even notice this mistakes anymore until I read other peoples' posts about them? I'm usually really good at proofreading, too.
    8. Re:english by glenstar · · Score: 1

      What is truly sad is that these sorts of errors are becoming rather commonplace in mainstream, "real" news sources. In the last couple of weeks I have seen a story on CNN.com that used "it's" when it should have been "its", a story on MSNBC.com that used "to" instead of "too", etc, etc ,etc. Even books that have been printed in the last couple of years have grammatical errors that are truly mind-boggling. Good thing we are pushing math and science so hard in schools, huh?

    9. Re:english by Anonymous Coward · · Score: 1, Informative

      My apologies for the terrible spelling and grammar. I wrote the post very quick this morning before heading to work and never proof-read what I wrote. Sadly, english is my native language and yes, I'm sure something in *this* post is wrong as well.

      -
      Erebus

    10. Re:english by edittard · · Score: 2, Funny

      You're probably right, but in any case, the editor should have corrected it. On second thoughts, maybe he did.

      --
      At the bottom of the /. main page it says 'Yesterday's News'. Well they got that right.
    11. Re:english by Nazlfrag · · Score: 1
      I don't quite understand.. did you mean 'very quickly'?

      I kid, I kid. Seriously, us nerds are too pedantic. I don't think there was a single reader of the article that didn't get the full and correct meaning from your words, incorrect as they might have been. Lighten up fellas.

    12. Re: English by ziriyab · · Score: 1
      Clearly, English isn't your first language ;)

      who's = abbreviation for 'who is'
      whose = possessive of whose

    13. Re: English by DohnJoe · · Score: 1

      Clearly, the joke went over your head

      But your right, it isn't.

  2. why not? by Anonymous Coward · · Score: 4, Funny

    including the Express addition which isn't suppose to support addins.
    Why wouldn't the Express addition support addins? It's right there in the name of the product!
    1. Re:why not? by smittyoneeach · · Score: 5, Insightful
      From the project manager posting:

      extends the Visual Studio Express Editions which is a direct violation of both the EULA and "ethos" of the Express product line.
      Read "ethos" as "business case". MS is using http://en.wikipedia.org/wiki/Market_segmentation. The Express products are a http://en.wikipedia.org/wiki/Gateway_drug to piss you off enough to pony up enough money for the real deal.
      Test Driven Development is not, itself, a bad thing, but if Too Many People glommed onto the underlying technology, and a culture of freedom of expression broke out, well...let us leave the unspeakable unspoken.
      The whole thing is business, pure and simple. If you leave off the 'good' and 'evil' labels, the situation is easier to process.
      Of course, maybe it's all a stealth advertising campaign for http://www.mingw.org/. Who can say?
      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    2. Re:why not? by Anonymous Coward · · Score: 0

      Whoosh!

    3. Re:why not? by Compholio · · Score: 4, Insightful

      Of course, maybe it's all a stealth advertising campaign for http://www.mingw.org/.
      I say he should make his add-in for Eclipse - especially since he's a Java programmer - and suggest people that like his add-in to move to that IDE instead.
    4. Re:why not? by Anonymous Coward · · Score: 0

      OK, so I missed the s/edition/addition/.
      First day, new eyes. ;)

    5. Re:why not? by secret_squirrel_99 · · Score: 1, Insightful

      The Express products are a http://en.wikipedia.org/wiki/Gateway_drug [wikipedia.org] to piss you off enough to pony up enough money for the real deal.

      Are they? I'd argue that they're trying to entice people to buy pricy development tools. Express is targeted at students and casual users. These are the same users that would either use OSS or nothing at all. By getting them hooked using VS, which by the way is an outstanding IDE, microsoft not withstanding, they're building a market. As these people develop, and as their skills increase, and their needs increase, at least some of them will buy full fledged copies of the product. Its the basic crack marketing strategy, give away just enough to get you hooked, and then keep you coming back for more.

      --
      If privacy had a tombstone it would read "We did it for your own good" . -- John Twelve Hawks
    6. Re:why not? by oliverthered · · Score: 1, Informative

      "which by the way is an outstanding IDE"

      umm.. no it's not. it's buggy as hell, just the other day my CTRL button stopped working so I can't block select words in one go.

      Add that to the broken intelisense, years to open a project, all the crap it does with source control etc...
      and yes you have youself and outstanding IDE.

      --
      thank God the internet isn't a human right.
    7. Re:why not? by smittyoneeach · · Score: 2, Insightful

      You certainly expressed the idea more clearly than I did.
      The college case is an important facet: hook them while they're young.
      Of course, once people realize that it's all really text anyway, and these got-more-icons-than-an-orthodox-cathedral environments are just another case of the means obscuring the end, then the people mature into simpler environments.
      Truly, if your tools doesn't run just fine in a console, what good are they? ;)

      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    8. Re:why not? by ronadams · · Score: 1

      Most definitely. I've been wrong before, but I'd be really suprised if we don't see more and more hobbyists migrate to Eclipse and other open-source IDEs, only because of bull like this... if there's one community that gets really pissed off by licensing nonsense and legal garbage, it's the developer's community. We have enough problems from our end-users without having to deal with FUD from our development platform creators...

      --
      Appended to the end of comments you post. 120 chars.
    9. Re:why not? by BosstonesOwn · · Score: 1

      Damn now they are even outsourcing posters ! Damn you out sources , damn you to HELL !

      --
      This package Does Not Contain a Winner
    10. Re:why not? by secret_squirrel_99 · · Score: 0

      Add that to the broken intelisense, years to open a project, all the crap it does with source control etc... and yes you have youself and outstanding IDE.

      in about an hour I can create a functioning front end, with or without web functionality and with ODBC interface into SQL, Oracle, or just about any other backend known to man, and i can do it in at least 3 common well known languages. What other development environment will let me do that? In about an hour I can teach a novice programmer how to create a fully functional windowed application that can actually do something, again in multiple languages, and using a familiar interface. Again, what other product will let me do that?

      Is it perfect? of course not, it's a huge and insanely complex product. I'd defy you to show me a product, ANY product of that scope that doesn't have some bugs in it. I'll stand by my original statement, that it is a fine IDE.

      --
      If privacy had a tombstone it would read "We did it for your own good" . -- John Twelve Hawks
    11. Re:why not? by poopdeville · · Score: 1

      An hour is a pretty long time. Vim with Java could do it. It's not like the IDE is going to do your thinking for you.

      --
      After all, I am strangely colored.
    12. Re:why not? by Doctor+Memory · · Score: 2, Informative

      in about an hour I can create a functioning front end, with or without web functionality and with ODBC interface into SQL, Oracle, or just about any other backend known to man, and i can do it in at least 3 common well known languages. What other development environment will let me do that? Well, if you drop the restriction to ODBC, I think either Eclipse or NetBeans will fill the bill. Both support C/C++ and Java, and Eclipse also supports Tcl and NetBeans supports Ruby. Sun Studio supports C/C++, FORTRAN and Fortress, although I doubt you could create a simple database-backed app with a GUI in an hour. Not with Fortress, anyway, which is all I've used SS for.

      In about an hour I can teach a novice programmer how to create a fully functional windowed application that can actually do something, again in multiple languages, and using a familiar interface. Great, now try changing the interface. What if you have to deploy your app with a couple of ancient Motif-based apps (or a couple of new GTK+-based ones), and the client wants them to look the same? Is there any way to drop in an interface library and use it? Not everyone lives in a monoculture (and there are fewer every day).

      Not sure if you're really making a point by juxtaposing "novice programmer" and "multiple languages", I think you'd wind up just wiping asploded head off the walls if you wrote your forms in VB and your back-end classes in C# and expected a novice to make sense of it all.

      Seriously, VS isn't bad (although the Express versions only support one language at a time), but it's hardly the only IDE you can be productive in. Check out a 4GL sometime if you want to see some serious RAD...
      --
      Just junk food for thought...
    13. Re:why not? by Vexorian · · Score: 1

      Perhaps it is stealth advertising for Sharp Develop, don't forget MONO !

      --

      Copyright infringement is "piracy" in the same way DRM is "consumer rape"
    14. Re:why not? by vk2 · · Score: 1

      One word - emacs

      --
      No Sig for you.!
    15. Re:why not? by westlake · · Score: 3, Informative
      The Express products are a drug to piss you off enough to pony up enough money for the real deal.

      How about we begin with an honest reading of the blog?

      Visual Studio Express was a labor of love. It was a small miracle getting Express to be available both for free and for commercial use for customers let alone the engineering work to get it up and running, We made a business decision to not allow 3rd party extensibility in Express. The reason we're able to offer Express for free and even let developers build commercial applications with Express is because we limit 3rd party extensibility of Express, specifically by removing support macros, add-ins, and VSIP packages.

      The vast majority of our customer base, now with 14 million downloads, isn't even professional developers, its non-professionals. In fact over 80% of Express registrants don't describe themselves as a "developer". From a total number perspective, beginners are the largest segment of Express customers and they still find Express too complex, it has too many features, and they see development as a means to an end (I just want to create my kids soccer league Web site). Our Express customers haven't been asked for unit testing or extensiblity in much the same way as I didn't ask or even know to ask when I grew up programming BASIC on an Apple IIe.

    16. Re:why not? by PitaBred · · Score: 2, Insightful

      So... if most people don't even describe themselves as developers or even want this plugin... how does it's existence hurt MS again?

    17. Re:why not? by dcam · · Score: 1

      Exactly. My view is that Microsoft should ship their development software for free. If they are serious about supporting software development on their platform, that is the logical step. At the moment, VS.Net provides a ~$1,000 barrier of entry to developing software for windows.

      --
      meh
    18. Re:why not? by beyondkaoru · · Score: 1

      i'm not old (20), but i can definitely empathize with that. ide's and such take up so much screenspace and have so many hoops to jump through to do something (like add a library... when i first started programming in msvs, it took me a while to realize how to link with a library. with gcc it's usually just -lwhatever. i know there's an underlying command line comiler in visual studio, but you don't get direct control over that with the gui afaik). nowadays, i think it's both simpler and more effective to just use terminals and text editors.

      --
      the privacy of one's mind is important.
      you do have something to hide.
    19. Re:why not? by JacksBrokenCode · · Score: 1, Flamebait

      So... if most people don't even describe themselves as developers or even want this plugin... how does it's existence hurt MS again?

      RTFA... "Additionally we have over 300 VSIP partners with over 1,000 legal Visual Studio extensions that cannot extend Express. It doesn't make business sense when our biggest and best partners are legally unable to extend Express, yet Jamie's company can."

      He has a very valid point- If MS is going to restrict some developers they should restrict all. For some reason Slashdotters like to cry that MS has unfair advantages, but now they're crying that a particular developer isn't being allowed an unfair advantage. It can't be both ways...

    20. Re:why not? by lastchance_000 · · Score: 1

      I could not agree more. I do .Net development -- My editor is UltraEdit, and I build with NAnt, from the command line. NUnit provides the test framework. It's so much better than that bloated IDE. I find myself much more aware of what is happening in the build process. Do-everything-for-you IDE's hide so much of what is actually going on, it's scary.

    21. Re:why not? by killjoe · · Score: 2, Interesting

      Is it possible to do .NET development with eclipse?

      --
      evil is as evil does
    22. Re:why not? by killjoe · · Score: 0, Troll

      In what way is a purposefully crippled application which can never be extended by plug ins "outstanding". Outstanding compared to notepad maybe but outstanding compared to eclipse?

      Only if you are a MS zealot I suppose.

      --
      evil is as evil does
    23. Re:why not? by Anonymous Coward · · Score: 0

      Thanks for the link to MinGW. Is there something similar to XNA?

    24. Re:why not? by setagllib · · Score: 3, Informative

      It takes you an hour? With Python and SQLAlchemy I can have a database abstraction with connection pooling and ORM in about 20 lines of absurdly simple code, more if the schema is beefy. Then I can tack on a neat PyGTK, PyQT, or whatever other GUI in another page or so, using a visual designer like Glade or Qt Designer. Or I could make a web application interface with CherryPy or Twisted Web and any of the dozens of elegant HTML templating kits. Overall this is a 15 minute job at most, and that's including revising the APIs if needed. And apart from using a visual designer for the GUI, this can all be done with a neat text editor like Vim or Emacs, no need for gigabytes of proprietary vendor-lockin crap. You don't need Intellisense much if the intelligence is in the design.

      And then there's Ruby on Rails which does almost all of *that* for you, leaving very little work for you to do. You can get the entire open source stack in a single archive for Windows, called InstantRails, and there are plugins for Eclipse to integrate in that too.

      Visual Studio might seem really good if you only ever read marketing hype. But once you get in the trenches and try real platforms with real development environments, the reality is entirely different.

      --
      Sam ty sig.
    25. Re:why not? by HeroreV · · Score: 1

      I'm personally looking forward to the Express multiplication, but that won't be out until long after the Express subtraction, which doesn't even have a release date yet. I guess the Express derivative will probably released around the same time as GNU Hurd and Duke Nukem Forever.

    26. Re:why not? by smittyoneeach · · Score: 1

      Preach it.

      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    27. Re:why not? by smittyoneeach · · Score: 3, Funny

      Oh yeah? Well, my Haskell on Heroin project gets it all done in 14 lines of simple code, in 11 minutes, as my monads crush your gonads.

      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    28. Re:why not? by smittyoneeach · · Score: 1

      Visual Studio Express was a labor of love.
      It was a small miracle getting Express to be available both for free and for commercial use for customers let alone the engineering work to get it up and running
      We made a business decision to not allow 3rd party extensibility in Express.
      What I draw from this is that some segments of the software industry, like pornography, are an intersection of love and business.
      Note Proverbs 6:2 "For by means of a whorish woman a man is brought* to a piece of bread: and the adultress will hunt for the precious life."
      Microsoft, if it loves you past your wallet, there is a business model behind that love.

      *reduced
      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    29. Re:why not? by Anonymous Coward · · Score: 0

      Eclipse is a framework. It does whatever the plugins support, pretty much.

    30. Re:why not? by strikethree · · Score: 2, Insightful

      Visual Studio Express was a labor of love.

      Bullshit. Visual Studio Express was a clear, cold, completely rational marketing decision. Don't try to sell me this shit about "labour of love".

      strike

      --
      "Someone needs to talk to the tree of liberty about its ghoulish drinking problem." by ohnocitizen
    31. Re:why not? by westlake · · Score: 1
      So... if most people don't even describe themselves as developers or even want this plugin... how does it's existence hurt MS again?

      How many posters here began with BASIC in ROM?

      How many with the programs and projects published in Creative Computing, Compute! and others - magazines which tried very to reach beyond the geek to a general readership that found interest and excitement in the personal computer?

      I have seen nothing as polished and attractive to this audience as Coding4Fun since the eighties. I don't care how this plugin hurts Microsoft. I do care how it may hurt the 14 million recreational programmers who have found a welcome at MSDN.

    32. Re:why not? by Anonymous Coward · · Score: 0

      I've been using the 'visual' products since visual c++ 2.0. I'm very accustomed to visual studio features, idioms, nuances, etc. It's by far my most productive mode of development.

      I've given up visual studio for personal use precisely because of crap like this. I still use it at work, but only because I have to. When it's my choice at work, I'll switch their too.

    33. Re:why not? by Anonymous Coward · · Score: 1, Informative

      The full Visual Studio 2005 Standard has a MSRP of $299. That includes VB, C#, C++, and J#. Not too bad, really.

    34. Re:why not? by secret_squirrel_99 · · Score: 1

      In what way is a purposefully crippled application which can never be extended by plug ins "outstanding".

      perhaps next time you'll actual read the comment. What I said was "VS by the way is an outsanding IDE" no where in that statement did I mention express edition.

      --
      If privacy had a tombstone it would read "We did it for your own good" . -- John Twelve Hawks
    35. Re:why not? by killjoe · · Score: 1

      Oh. Again did you mean outstanding as compared to notepad or outstanding as compared to eclipse? If you meant the latter you are sadly mistaken.

      The only people who think VS is awesome are people who used the previous version of it and never use anything that isn't made by MS.

      --
      evil is as evil does
    36. Re:why not? by WNight · · Score: 1

      Um, you missed the point. Microsoft has been _asking_ this guy to stop because they can't make him... Do you understand?

      These other companies merely have yet to fully realize this. Also, some of them have contracts with MS that would let MS break them if they stepped out of line. ("You like your volume discount? Want to pay full retail on every PC you sell?")

      But really, EULAs have absolutely no force.

      1) Copyright law doesn't allow for the prevention of use. If you have a book you're allowed to read it, even if you stole it. The theft would be a crime, but not the unauthorized usage. Ditto software. There are specific copyright statutes in the USA that allow use of software even if such use would require temporary copies to be created.

      2) You only see the EULA after you buy or download. At this point you have the product and as above, there's no legal way for them to forbid your use.

      3) It's extortion. They sold you a product and try to claim that a hidden contract allows them to take some functionality away and that, unlike ever in the history of contract law, you can be bound to something you've never read, or even seen. Yeah, right.

      So, as retarded as this guy was in his blog, there's a reason Microsoft hasn't stopped this guy. Their lawyers know they can't force the issue. All they can do is threaten and slander. This MS project manager is fucking dumb, he actually drank the company kool-aid about how VS Express was "for the good of the people". It's lock-in plain as day. But this guy thinks he actually fought for it and won, "for the user". He must be blind. If Microsoft didn't give a dev environment away they risked losing people to Perl or any other free (and all ways) language.

      Seriously, if I were the developer of this extension, I'd be *pissed* that Microsoft was claiming my actions were Illegal (and thus, I a criminal). It's obviously not true because even if EULAs were valid, that would merely revoke his usage license, not make him a criminal. I'd consider lawsuits myself - BillG has paid for this imbecile project manager and his blog which are slandering this guy, and the lawyers to harass him. Bill should cough up a few hundred million. They *know* his actions aren't criminal (or they'd have police involved) but they keep telling people he is.

    37. Re:why not? by JacksBrokenCode · · Score: 1

      Um, you missed the point.

      The parent poster had asked "how does it's existence hurt MS" and I was simply pointing out that if some people comply with licenses and others don't (without facing repurcussions) then it makes no sense for people to comply with the license and widespread disregard for licenses hurts Microsoft. This doesn't just apply to MS licenses. What if people just start ignoring terms of the GPL and stealing code for their own proprietary closed-source programs?

      Microsoft has been _asking_ this guy to stop because they can't make him... Do you understand?

      Don't get me wrong, I think it's absolutely ridiculous that the VS team couldn't find a way to make Express editions ignore VSIP extensions. At the same time, I'm not going to ridicule MS for _asking_ instead of trying to legally _make_ a developer to do something. It seems they're trying to be nicer these days, that should be encouraged.

      I agree with the rest of your comment about the BS surrounding EULAs when it applies to home users who have to open a box or download a binary before reading an "agreement" that says the software they just aquired is limited. That shit should have to stop. I'd be curious to see what exactly is in the license agreement for VSIP partners creating extensions though. Did TestDriven.NET's author consent to an agreement before getting his license to create extensions? If so, did the agreement limit who he is allowed to develop for? I've no interest in becoming a VSIP partner so I don't know the hoops people jump through but if he made an agreement and then decided he didn't want to comply with that agreement then I have no sympathy for him.

    38. Re:why not? by oliverthered · · Score: 1

      So you multiple languages are
      c# ok
      VB do you really want to teach somoene vb
      and c++ clr, which isn't c++ so it's not really worth teaching outside of .net

      Now, how many of those application will run cross platform?

      BTW, you could use QT and VIM to do that in less that an hour.

      --
      thank God the internet isn't a human right.
    39. Re:why not? by juhaz · · Score: 1

      So, in other words, the idiots they suckered into paying a lot of money to be able to develop visual studio extensions are pretty pissed to find out that they could've done so for free? Yes, I can see how that would hurt MS. But they made their own mess, trying to shift the blame is ridiculous.

  3. I bet if you dig far enough... by Anonymous Coward · · Score: 1, Interesting

    You'll find that Microsoft is about to release their own Unit Test add-in...

    1. Re:I bet if you dig far enough... by plague3106 · · Score: 1

      They already do, but its only available to the Team System editions. I don't belive they have any plans to make it available in the 'lesser' editions.

    2. Re:I bet if you dig far enough... by Anonymous Coward · · Score: 0

      Sort of negates the need for a more expensive edition then?

    3. Re:I bet if you dig far enough... by smittyoneeach · · Score: 1

      Rather, amplifies the need to crush this young whipper-snapper.

      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    4. Re:I bet if you dig far enough... by plague3106 · · Score: 1

      I think you over estimate the value of having unit testing built into the IDE. Its a nice feature, not a must have. Those that can't pay (like me) will simply continue to use NUnit + attach to process.

      Those using express likely aren't going to be writing unit tests at all. If you check out the VS Express team's blog, you'll see that something like 80% of those that register to use Express are not professionals, they are absolute beginners.

      If you've spent any time in the csharp newsgroup, you'd have noticed a large increase in noobs, which I attribute to the Express versions of studio. Which is fine by me.

    5. Re:I bet if you dig far enough... by plague3106 · · Score: 1

      One more thing.. if you have ever used any version of VS (which I can't believe that you have), you would not be saying that VS Express + TestDriven.net is a valid replacement for one of the Team Suite versions.

    6. Re:I bet if you dig far enough... by Anml4ixoye · · Score: 2, Insightful

      Wrong. It will be in the next version of VS. Right now, it is a pretty awful implementation for TDDers (very slow, but some cool integration features), but they are working on making that better.

      Not that I agree with what is going on with Jamie. All he ever asked for was the clause he was violating and he would happily remove it. They haven't provided that yet.

    7. Re:I bet if you dig far enough... by plague3106 · · Score: 1

      Well, that is certainly good news. I plan to move to the next VS when it arrives.

      As far as Jamie goes, I suspect he had to do something out of the ordinary to get add-ins to work with VS Express. I would imagine the version of VS he uses has this clause as well, and I don't think it would be a stretch to say he wasn't allowed to use his copy of VS to reverse engineer another version of it..

      I think MS is in the right on this one; one good way to sell products is to have different features. Imagine what would happen if you had to physically rip code out of a product to get the less featured model. It would only make build such software more difficult. As a developer, I think this is a right we have (to make different editions of software) and I would hate to lose that ability because someone comes along with some cute hacks to make enable all the bells and whistles..

    8. Re:I bet if you dig far enough... by smittyoneeach · · Score: 1

      I had some experience with VS2003/NUnit and did a two week project somewhere else where the Express edition came in handy.
      Overall, things like VS and NetBeans, (or Eclipse or Borland) where I'm awash in icons, menus, and tiny scattered little files that perform secret rituals every time I want to build a project make me tired.
      But then, I haven't actually worked on an enterprise project with a score of monkeys like me cranking out classes. So perhaps I'm not the intended audience.

      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    9. Re:I bet if you dig far enough... by Anonymous Coward · · Score: 1, Interesting

      Well, that is certainly good news. I plan to move to the next VS when it arrives.


      I'm sure you do.

      As far as Jamie goes, I suspect he had to do something out of the ordinary to get add-ins to work with VS Express.


      Nope. Microsoft NEVER changed the way add-ins work with VS Express.

      http://www.peterprovost.org/archive/2004/06/30/156 3.aspx
    10. Re:I bet if you dig far enough... by plague3106 · · Score: 1

      Funny, because when I was using express, I didn't see any add-in options available. So they obviously did something. They may not have removed the functionality, but instead set a flag to disable it. Since Jamie himself mentions modifying the registry (something you DON'T need to do when installing an add-in), I suspect it was to enabled the functionality MS disabled.

    11. Re:I bet if you dig far enough... by plague3106 · · Score: 1

      It doesn't sound like it. Those IDEs automate a great deal of mundane crap, which allows me to focus on what I actually need to do; build business applications.

      I can't speak for the other IDEs, but there's no 'secret rituals' that VS performs for you; it simply performs tasks using a few keystrokes that would otherwise require much more effort on my part. You may prefer using a text editor and typing a compile command manually, but I think most of us want to finish our project quicker.

  4. Re:Editors? by gEvil+(beta) · · Score: 1

    Hehehehe. Editors. Good one...

    --
    This guy's the limit!
  5. Shoot at foot... by Ckwop · · Score: 4, Interesting
    1. Aim at foot.
    2. Fire at foot.
    3. ...
    4. Profit?

    What is it about Microsoft and reinventing perfectly good tools. First they tried to replace Nant with MsBuild, with limited success. They're trying to reinvent Subversion and Cruisecontrol with the Microsoft Team System. They are the ultimate NIH company. I've started to form the opinion that this is unsustatinable for Microsoft. You can't keep reinventing and supporting tools like this forever, because no matter how many programmers you have there OSS movement has more. They will keep producing high-quality tools faster than you can release competitors.

    People used to complain that Sun were control freaks about Java. What did Sun do? They listened and GPLed Java. I think the guys at Sun have come to a similiar conclusion to me. Your products are part of an ecology and the ecology is always bigger than one company. What you want to do is foster a larger ecology for your products and hope that this translates to sales.

    I admire Sun for this approach, it's risky but it shows maurity in face of change ushered in at the hands of OSS. Microsoft seems to have no strategy for tackling OSS outside of the United States. Over here, software patents don't exist. They may win the battle but be swamped by the tidal wave from abroad.

    I use TestDriven every single day I'm in work and I can tell you that this makes the licensed copy of Visual Studio 2005 (paid at full price) a much more functional piece of software. To me, this is validation of the ecology; the open source product made me feel that I'm getting more value out of the purchase.

    It's this affect that Sun hopes GPLing Java will bring to their revenues. I for one think they're right.

    Simon.

    1. Re:Shoot at foot... by Mateo_LeFou · · Score: 1

      "What is it about Microsoft and reinventing perfectly good tools. "

      new here?

      "I use TestDriven every single day I'm in work and I can tell you that this makes the licensed copy of Visual Studio 2005 (paid at full price) a much more functional piece of software. To me, this is validation of the ecology; the open source product made me feel that I'm getting more value out of the purchase."

      k, but validating the ecology is of no interest to Microsoft. If the open source package makes MS product A more valuable, this is a *problem to be solved.

      --
      My turnips listen for the soft cry of your love
    2. Re:Shoot at foot... by RightSaidFred99 · · Score: 3, Interesting
      You've got to be kidding, right? You actually think MS should just not develop products because there are a bunch of various different open source tools people could use instead? That makes absolutely no sense whatsoever.

      First, they are a software company and they sell solutions, not products. MsBuild integrates with all the other MS tools including Visual Studio and TFS. I would rather have one solution that works well than having to pass through the open source gauntlet of choosing from 20 different tools and trying to make them all work together. Comparing TFS to Subversion is insultint - to TFS. TFS is much more than Subversion, think Subversion + Continuum + Bugzilla (somewhat) + requirements tracking + other tools.

      In short, your post is entirely wrong. I don't see you bitching about ClearCase, Synchronicity, or other commercial tools. It's just Microsoft that is silly for releasing products when there are already all these "great" open source tools.

    3. Re:Shoot at foot... by kestasjk · · Score: 2, Insightful

      Obviously they're doing this so that professional development teams will stick to VS.NET and not Express Editions; they're not shooting themselves in the foot at all, this is very much in their best interests.

      --
      // MD_Update(&m,buf,j);
    4. Re:Shoot at foot... by JohnFluxx · · Score: 2, Insightful

      > You actually think MS should just not develop products because there are a bunch of various different open source tools people could use instead? That makes absolutely no sense whatsoever.

      Sure why not? You said yourself that their business model is solutions not products. So why not have TFS use subversion if subversion has the features they need? They could still build the rest of the features on top. It's a political reason not to, not a technical one.

      And yes you do hear people complain about ClearCase. I've never used the others though.

    5. Re:Shoot at foot... by Anonymous Coward · · Score: 0

      But this discussion isn't about plugins or Unit Testing, who invented it, who Microsoft is possibly ripping off, etc. That's totally irrelevant. The actual topic is that Jamie violated the terms of the license. If you wrote an IDE and released it under the terms of the GPL and someone made a Unit Testing plugin for it that was totally closed-source, what would you do? Although the terms of the licenses are different, THAT is precisely what this is all about.

    6. Re:Shoot at foot... by Anonymous Coward · · Score: 1, Insightful

      I just want to highlight one part of your post: MS is excellent at integration. And by integration, I mean you pretty much click on Setup.exe on Team Foundation Server or whatever group you install, hit next a few times, and in an hour you have a fully integrated environment. And integration also means that there aren't quirks with the source control linkage, it just works- context menus that make your life easy are where you want them to be, and you don't have to leave the environment to get your job done. Switching programs to check in your code, then again to update your bugfix/workflow system isn't really a big deal, but when you don't have to do it and its all built in for you, its really nice. It also helps keep developers doing their main role-developing than fighting with a source control system, or making sure that their changes are properly documented in the workflow system.

      This is all nice, but it comes with a cost: vendor lock-in. I demo'ed team server and VS2005, because our shop loves VS, and we were happy with our source control and workflow/bug tracking/build tools, but not necessarily in love with them. The whole package was nice, but there would have been no way to have an easy transition to MS, we would have literally had to flip a switch and hope everything worked, and we have a significant investment in customizing our current tools to our needs. MS

    7. Re:Shoot at foot... by lawpoop · · Score: 5, Insightful

      You've got to be kidding, right? You actually think MS should just not develop products because there are a bunch of various different open source tools people could use instead? That makes absolutely no sense whatsoever. You're right, it makes no sense whatsoever, because you completely missed the point.

      He's saying that MS should not try to squash community efforts to create great software on Windows platforms. You might need to read that again for it to sink in. He's not saying stop writing software altogether. He's not saying discontinue SQL server because there's some shareware database out there.

      What he is saying is that they don't need to control every successful application on the Windows platform. If they try to, they will both a) breed bad will amongst the developer community, which will hinder Windows application development, which will cause great development to happen in other platforms, and b) waste a lot of money and time in development and support trying to fill every software niche that exists in a platform. They can't write *all* the software for Windows.

      Simply put, MS alone cannot provide as great a Windows experience as MS + developer community can. But every time some great developer makes a wonderful product for Windows, they either squash it or snatch it up and abandon it. At every opportunity they destroy the Windows development community. Not only do they want you to run only Windows, the want you running only MS software on it. And they just won't be able to provide all the software that a user will want on their system. It's the old Soviet model of central planning, where Moscow decided the details of the economy from Khazakstan to Siberia. Eventually it implodes under its own weight.
      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    8. Re:Shoot at foot... by Anonymous Coward · · Score: 0

      Comparing TFS to Subversion is insultint - to TFS. TFS is much more than Subversion, think Subversion + Continuum + Bugzilla (somewhat) + requirements tracking + other tools.

      So TFS is like Trac?

    9. Re:Shoot at foot... by NickFortune · · Score: 1

      You actually think MS should just not develop products because there are a bunch of various different open source tools people could use instead?

      Not as such. It's not even a case of Microsoft's bloody-minded determination to to re-invent every wheel in existence that irritates. It's the fact that having invented a triangular replacement for a circular wheel, Microsoft will then - without fail - try and shove it down the throats of their user base.

      I know that's a mixed metaphor, but it seems oddly apropos.

      --
      Don't let THEM immanentize the Eschaton!
    10. Re:Shoot at foot... by RightSaidFred99 · · Score: 0

      Subversion doesn't have all the features they need, that's the problem. For one thing, TFS is open - it's web services based. It's like comparing Subversion to RCS.

    11. Re:Shoot at foot... by RightSaidFred99 · · Score: 1
      That's not what he was saying. He was saying exactly what I thought he was saying - e.g. why do we need TFS when we have subversion, or MSBuild when we have Nant? The answer is those products are all one-offs and generally have far fewer features than comparable MS products.

      As for MS and the developer community, it's alive and kicking. Go check out MSDN and the MSDN forums. Go check out the patterns and practices group and how they've encouraged community participation. Go check out Codeplex.com. In short, this is one guy who either violated the license or the spirit of the license. If this was open source and some company squeezed through a loophole the OSS zealots would be up in arms. Personally I think MS would have been better off just plugging the hole in a new version or patch that added compelling functionality so people would want to lose the extensions hack.

    12. Re:Shoot at foot... by RightSaidFred99 · · Score: 1
      OK, we're talking about the software development world here. Name some examples. TFS vs. Subversion - not even close, SVN is a tinker toy compared to TFS. Nant vs. MSBuild - Nant is good but how does MS prevent anyone from using it? Others?

      In general, as a software developer, I don't feel MS has forced anything down my throat. If I want to regress and deal with the headaches of trying to get 20 different random open source tools to work I could certainly develop software for Windows using open source tools, though I would probably quit my job before doing that.

    13. Re:Shoot at foot... by EdelFactor19 · · Score: 1

      yes but at least Clearcase isn't a "visual studio only" system. Further more it has several differentiation points from SVN and CVS. Having utilized it on a co-op (8 months) I can say that there are things that I definately like about it that I can't achieve or achieve easily with cvs/svn. Furthermore a major differentiator is its model, which requires a gatekeeper. I didn't configure it myself, but coming in as new user and something I couldn't change was that: a. files not checked out were owned by root and gave me only read privs. Only upon checkout did I get write and ownership. Whenever I tried doing this with cvs/svn esp on windows it was defeated by users local settings when their client wouldn't lock on checkouts and I didn't have the time to go look up the magic config option for the server at the time. secondly SVN was only released in 2004, clear case was around a bit longer

      I dont have a problem with microsoft creating their own, my problem is that inevitably they will exert their monopoly powers and create a lockin like they did with visual source safe. We can pay to use their system which will be expensive and integrated into VizStudio, or we can have whatever we want but not integrated. If microsoft opened that up I think they would reclaim some of the ground theyve lost to eclipse, and CDT because as much as I enjoy eclipse the c/c++ support is not near the level of VS. I have yet to see a visual studio CVS plugin for me to use a non microsoft RCS. Its one of the major reasons for development many of us are moving further away from ms.

      --
      "Jazz isn't dead, it just smells funny" ~Frank Zappa
      EdelFactor
    14. Re:Shoot at foot... by lawpoop · · Score: 4, Insightful

      That's not what he was saying. It sure was. Why else would he talk about Sun releasing Java under the GPL, when they had controlled it for so long? Because he's talking about software corporations embracing community, instead of controlling community.

      He was saying exactly what I thought he was saying - e.g. why do we need TFS when we have subversion, or MSBuild when we have Nant? You're focusing on a specific detail, which is why you are missing his point. He did say that, but that was a small part of his whole message, and certainly not his point. You're missing the forest for a tree.

      As for MS and the developer community, it's alive and kicking. Go check out MSDN and the MSDN forums. Go check out the patterns and practices group and how they've encouraged community participation. Go check out Codeplex.com. I have no doubt that there are people out there who are creating software for MS Windows. People still develop Amiga software and Atari 2600 cartridges. But MS developers are largely vertical developers. Their software scratches an itch and doesn't interact with anything else. It's disposable software -- you can only use it with this generation of application or platform. It won't work with tomorrow's upgrades. Far and away, the software used by the average user is provided by MS. No 'homegrown' Windows software ever finds it's way to a users desktop, without first passing through the gates of MS.

      On Windows, I would bet that the three most widely used applications are IE, Outlook, and Word/Office. All provided by MS. Like I said earlier, MS wants to be the sole provider of *all* software on your Windows computer. If something they don't control begins to appear somewhat popular, they either squash it or buy it out. They want to be the sole provider, controlling everything.

      Comparatively, almost everything in Linux was written by a different person or organization. Some of those command-line utilities are 20 years old, and still going strong. Tools such as 'grep' and 'find' works just as well today as they did 20 years ago. What industry protocol has ever come from a small-time MS developer? Almost all of our modern computing standards -- ftp, http, email, came from small-time unix developers. Neither MS nor its developer community have made much contribution to computing in general.
      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    15. Re:Shoot at foot... by Abcd1234 · · Score: 2, Insightful

      Wait wait... TFS > Subversion because it uses webservices? ROFL. Wow, you've really consumed the koolaid on that one, haven't you?

      BTW, subversion can be used over WebDAV, which is arguably even more open than some web service, since it's completely standardized (as opposed to an openly accessible, but undocumented RPC interface).

    16. Re:Shoot at foot... by Anonymous Coward · · Score: 0

      Hmm. The ultimate NIH company? It's clear you haven't heard of Microsoft Research.

    17. Re:Shoot at foot... by Anonymous Coward · · Score: 0

      First, they are a software company and they sell solutions, not products.

      Thanks for clarifying that. I always assumed software companies sell actual, real products, but now they apparently sell something called a "solution"...

    18. Re:Shoot at foot... by RightSaidFred99 · · Score: 1
      Oooh, sorry. Your first sentence gets you off to a bad start. TFS is absolutely not a Visual Studio Only system. It's based on web services. You could go out and write your own TFS client, and people have. There is a TFS plugin for Eclipse, for example, and I can do checkouts/checkins/etc.. from the UNIX CLI if I really wanted to.

      And if you can't find CVS for VS, you're a very poor googler. http://www.codeproject.com/macro/CVS_with_VSNET.as p Literally first match on "CVS visual studio". Read the comments, yes it works on VS2005. There are other ways as well. Jason

    19. Re:Shoot at foot... by RightSaidFred99 · · Score: 0

      Have you ever used TFS, do you even know what it is? It's not "source control". Go download the free trial and look at it. TFS > Subversion because it does everything subversion does, plus a _whole_ lot more. As to being open, that was to counter the "but TFS is for VS only" argument, which is 100% false. You can use TFS from within Eclipse or from UNIX.

    20. Re:Shoot at foot... by RightSaidFred99 · · Score: 1
      A few things. First, Java was free. Comparing it to MS's products is disingenuous. Microsoft has a lot of free software, but Visual Studio has not historically been free. They released a dumbed down version so people could play with it, but VS makes MS money. Java is great and all, but Joe Bloe developer never had to pay for it.

      Second, comparing Sun to MS also rings a little false. MS makes boatloads of money, Sun doesn't. You're saying that MS, the most successful software company in history by a long stretch, should emulate Sun?

      Third, MS's new generation software is much more open than it has been historically. In fact, Java lags pitifully behind WCF in implementing important web services standards, for example.

      Finally, it's difficult to argue that neither MS nor its developer community have made much contribution to computing. In fact, it's impossible. The vast majority of applications run on computers around the world run on Windows. They look and feel largely the same. Dumb people can even sometimes figure them out.

      The fact is that MS is in overdrive lately with respect to how they court developers (queue "developers, developers, developers" remix). They've always been good about it, and they're getting better. Seriously, go look around MSDN. Look at WCF. Look at WPF. Look at Windows Workflow. Look at the Enterprise library. Look at the software factories. Look around Codeplex. Play with TFS, Silverlight, etc... Believe me or not, I was a hardcore UNIX developer not too long ago - Perl, C/C++, Java stuff. I've moved to .NET and I _absolutely dread_ having to go back to that primitive shit. Unlike most Slashdotters, I know both sides of the aisle very well and developing on the MS side of the fence is far more efficient and enjoyable - _if_ you can afford it, i.e. you work in a corporate environment.

      Reading slashdot, I get the impression that a lot of you don't know anything about what's going on in the real world, and you act like MS's dominance is receding. It isn't, I assure you. Most of the "hot technology" being cranked out by open source people is a) tinker toy compared to some MS equivelents and b) poorly interoperable and difficult to use.

    21. Re:Shoot at foot... by Abcd1234 · · Score: 2, Funny

      As to being open, that was to counter the "but TFS is for VS only" argument

      You said:

      "Subversion doesn't have all the features they need, that's the problem. For one thing, TFS is open"

      I simply countered that point, which is clearly incorrect, as Subversion is as open, if not moreso. If you have other reasons, great, but you should have used them to support the argument in your original post.

    22. Re:Shoot at foot... by drsmithy · · Score: 1

      You can't keep reinventing and supporting tools like this forever, because no matter how many programmers you have there OSS movement has more. They will keep producing high-quality tools faster than you can release competitors.

      Fortunately for Microsoft, since "OSS movement" and "NIH syndrome" are practically synonyms, they don't have too much to worry about it. Those OSS developers will be off half-completing another text editor before moving onto half-completing another window manager, until they get distracted and start working on a "fully skinnable" media player, which will remain unfinished as soon as they start creatinga suitably awesome set of skins to include with it by default.

      I find it mind-boggling that someone would criticise Microsoft for reinventing the wheel, then offer up the OSS community as a better model, when you have to look fairly long and hard to find an OSS project that *isn't* just a reimplementation of an existing product.

      Or was that a piece of masterful satire that I've been sucked in by ?

    23. Re:Shoot at foot... by lawpoop · · Score: 2, Interesting

      A few things. First, Java was free.

      You're a little confused, to the point where your statement is ambiguous. Originally, it was free as in beer, now, because of community pressure, it's free as in speech.

      Comparing it to MS's products is disingenuous.

      How so?

      Microsoft has a lot of free software, but Visual Studio has not historically been free.

      Uh, I'm not aware of *any* free-as-in-speech software from Microsoft.

      They released a dumbed down version so people could play with it, but VS makes MS money. Java is great and all, but Joe Bloe developer never had to pay for it.

      What does that have to do with MS trying to control the community, instead of allowing greater freedom, and thus releasing the creative potential of the development community?

      Second, comparing Sun to MS also rings a little false. MS makes boatloads of money, Sun doesn't.

      Um, so you can only compare MS to companies that make a boatload of money? You mean a company like IBM, a company that has embraced linux solutions, alongside their own?

      You're saying that MS, the most successful software company in history by a long stretch, should emulate Sun?

      No, that's not what I said at all. This further shows that you focus in on specific details, and miss the larger point. What I'm saying is that MS will not be able to continue to exert tight control over the development community for the long term, say 10 to 20 years.

      Third, MS's new generation software is much more open than it has been historically. In fact, Java lags pitifully behind WCF in implementing important web services standards, for example.

      Okay, but it's still not open in the sense of interoperability. It's a vertical platform. Yes, they do provide great tools -- I'm not denying that. But if you choose to develop with them, you lock yourself into the MS platform, and you lose horizontal integration, and also backwards and forwards compatibility. MS wants to make money, and they have an interest in having you purchase all new licenses when their latest tools don't work with old versions.

      Finally, it's difficult to argue that neither MS nor its developer community have made much contribution to computing. In fact, it's impossible.

      No, it's very easy. Name two standards or protocols MS has developed ( or that have 'escaped' from the Windows platform) that have been adopted by other platforms or architectures. Meanwhile, free software has given us ftp, http, TCP/IP, ssh, PKI...

      The vast majority of applications run on computers around the world run on Windows. They look and feel largely the same. Dumb people can even sometimes figure them out.

      Can't you understand monopoly, vertical development architecture, or vendor lock-in? That's the reason they control most of the computers world-wide.

      The fact is that MS is in overdrive lately with respect to how they court developers (queue "developers, developers, developers" remix). They've always been good about it, and they're getting better.

      Again, vertical platforms, monopoly, not playing well with others go much further in explaining that. Seriously, go look around MSDN. Look at WCF. Look at WPF. Look at Windows Workflow. Look at the Enterprise library. Look at the software factories. Look around Codeplex. Play with TFS, Silverlight, etc... Believe me or not, I was a hardcore UNIX developer not too long ago - Perl, C/C++, Java stuff. I've moved to .NET and I _absolutely dread_ having to go back to that primitive shit. Unlike most Slashdotters, I know both sides of the aisle very well and developing on the MS side of the fence is far more efficient and enjoyable - _if_ you can afford it, i.e. you work in a corporate environment. I agree with you that they make good tools and they have a great workflow. What I'm saying is that once you start in the MS environment, i

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    24. Re:Shoot at foot... by belmolis · · Score: 1

      you have to look fairly long and hard to find an OSS project that *isn't* just a reimplementation of an existing product.

      Please let us know of what commercial products the following OSS projects are mere reimplementations:

    25. Re:Shoot at foot... by dedazo · · Score: 1

      But MS developers are largely vertical developers. Their software scratches an itch and doesn't interact with anything else. It's disposable software

      Yes, you sure have the pulse of the commercial software market pat down. That's what we call "the SourceForge blizzard": OMFG look at how much softwares there are for gnu/linux!!one!!1!.

      And of course it's all disposable, I cannot possibly be using software written in 1995 on my Vista box. Unpossible!

      Like I said earlier, MS wants to be the sole provider

      Yes, that's why Microsoft ships Windows with a usable word processor, professional text editor, vector editor, Photoshop clone, spreadsheet, database, IDE. Oh, and a media player, except if you live in Europe where you have to use RealPlayer.

      Comparatively, almost everything in Linux was written by a different person or organization.

      Everything in Unix, you mean. Which saw the light of day thanks to corporations and universities.

      Neither MS nor its developer community have made much contribution to computing in general.

      Make the reductio ad absurdum case that Microsoft has never created or done anything of value == Karma!

      --
      Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
    26. Re:Shoot at foot... by __aaclcg7560 · · Score: 1

      Neither MS nor its developer community have made much contribution to computing in general.

      What about Mine Sweeper? :)

    27. Re:Shoot at foot... by EdelFactor19 · · Score: 1

      I have googled it before, and I've tried that very product before and had no luck with it. And frankly I'm not interested in a web services based solution, or some big fancy bloated addon to VS that microsoft wants me to pay them a crapload of money for. I simply don't need or want it. I grew up using academic versions of it, and now that academia is over and my only real (legal) option for developing my own stuff using VS is to pay them the thousand plus dollars they want for it. Which is utter crap because we all know that the only ones paying that price gouge are indep. dev's. Large companies get huge volume licensing discounts, and often also get free copies.

      --
      "Jazz isn't dead, it just smells funny" ~Frank Zappa
      EdelFactor
    28. Re:Shoot at foot... by drsmithy · · Score: 1

      It sure was. Why else would he talk about Sun releasing Java under the GPL, when they had controlled it for so long? Because he's talking about software corporations embracing community, instead of controlling community.

      Sun aren't embracing the "community", they're _leveraging_ the "community" to show some semblence of competing with the Microsoft juggernaut.

      Seriously, if you think Sun (or IBM, or any of the other "born again open sourcers" have different motivations than Microsoft, you're either very idealistic, or very naive. They're not "embracing" you, they're using you to further their business.

      But MS developers are largely vertical developers. Their software scratches an itch and doesn't interact with anything else. It's disposable software -- you can only use it with this generation of application or platform. It won't work with tomorrow's upgrades. Far and away, the software used by the average user is provided by MS. No 'homegrown' Windows software ever finds it's way to a users desktop, without first passing through the gates of MS.

      [...]

      What. The. Fuck.

      You are just so ridiculously, ludicrously wrong I literally don't know where to begin.

    29. Re:Shoot at foot... by gnuman99 · · Score: 1

      And of course it's all disposable, I cannot possibly be using software written in 1995 on my Vista box. Unpossible!

      You can't if it was written for Win 3.1 and is 16-bit and you are running Vista 64 bit.

      Sure, you could try an emulator. But that's not exactly running in your 64-bit Vista box.

      Everything in Unix, you mean. Which saw the light of day thanks to corporations and universities.

      Unix was developed by Bell Labs, AFAIK. As well as the C compiler. Universities developed BSD, again, AFAIK. Then Sun,HP,IBM,SGI,etc.. used all of that and make their own flavours of UNIX. Then RMS came along and made a bunch of tools for POSIX systems under a GNU banner, like UNIX. They tried a kernel, but that didn't work so well (see HURD). Then Linus came along with Linux. It was combined with GNU tools, and voila! Linux/GNU system was born.

      Who brought it to the masses? I'd say RMS effort with GNU and Linus effort with the kernel. I don't think free UNIX would exist otherwise. (eg. BSD people had a problem with getting a good, free compiler before GCC). And UNIX costing $5000 per CPU probably would not see light of day anyway! It would get locked up in some research institution's mainframe and that's it.

    30. Re:Shoot at foot... by Mongoose+Disciple · · Score: 1

      I've never looked at it as reinventing perfectly good tools, so much as waiting for a "best of breed" tool to shake out of Open Source or otherwise emerge from the developer community, and then refine the hell out of it. It's mercenary, it's derivative, it's unoriginal, but it also works.

      Refine in this case generally meaning, make it prettier and much easier to use, not necessarily more powerful.

      Take Subversion, to use one of your examples. Is the source control piece of TFS (taken in a vacuum -- you can make all sorts of arguments about the gains of well-integrated tools, but that's a tangent) more powerful than Subversion? I'd doubt it. Is it easier to use for a .NET project (the market MS is mostly aiming at)? God, yes.

      If Visual Studio is your IDE, using Subversion for source control is not great, even given GUIs and additional tools like Tortoise and Ankh. It's rock solid and extensible as all hell, but do I want to write the Apache modules to take advantage of that extensibility? Hell no, I've got other work to do. You definitely *can* use Subversion, and it's free, and it's great, and it does everything it's advertised to do -- but my experience has been, for a .NET project of even moderate size or complexity, someone on the team ends up spending a lot of time dicking with Subversion or with scripts to help automate/manage Subversion. There are operations you need that the integration/GUI tools don't support especially well that come up just often enough that someone needs to take on Subversion as a part time job.

      Conversely, on the similarly-sized projects I've worked on that used TFS, one developer spent maybe an afternoon setting up TFS for the project, and usually not someone who had any particular expertise with TFS.

      You pay for that ease of use. TFS is not cheap. I wouldn't be using it if someone else wasn't footing the bill. But, you know? In every case in which I've seen it used so far, I'm betting that someone else got more than their money's worth in extra developer time spent working on their project instead of wrestling with a bunch of one-off tools that are brilliant in their way but together, at best, almost get there.

      In any case, I don't really see MS as being at war with the Open Source community as far as developer tools go. They're going to wait for OSS to figure out a smart way to do things and then steal the best parts of it to make money off of, but they certainly don't want the people who are doing all that development and design work up front for free to go away or anything.

    31. Re:Shoot at foot... by lawpoop · · Score: 1

      Seriously, if you think Sun (or IBM, or any of the other "born again open sourcers" have different motivations than Microsoft, you're either very idealistic, or very naive. They're not "embracing" you, they're using you to further their business. I never claimed that Sun was all "peace, Linux, and sharing". I'm well aware that they could care less about Open Source if it didn't help them. If it's the open source community's interests against Sun, I think the open source folks were able to get what they wanted from Sun. Java is GPL now. They won out against Sun's interest. Have they ever been able to do that with Microsoft?

      You are just so ridiculously, ludicrously wrong I literally don't know where to begin. I may not have made my point precisely enough.

      What I'm saying is that there isn't much that was developed for use in Windows that has really migrated out to other platforms. Plenty of open source stuff has started in Unix and then also got onto Windows, but there aren't many examples of the other way around. So the open source software community has provided benefit to both Windows and non-Windows users, while MS has only benefited Windows users. MS and Windows are far and away vertical platforms. by 'home grown', I don't mean applications that were developed by companies. I'm aware that Oracle runs on Unix and Windows. There are plenty of non-MS apps that run on Windows. But how much software was developed on Windows, for Windows, that found it's way to other platforms and architectures? Not much.
      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    32. Re:Shoot at foot... by Anonymous Coward · · Score: 0

      they are a software company and they sell problems
      Fixed.
    33. Re:Shoot at foot... by NickFortune · · Score: 1

      In general, as a software developer, I don't feel MS has forced anything down my throat.

      It's not so much they stop you from using the tools. It's more that they put a dozen or so trivial irritations in the way of anyone wanting to use them, yodeling all the while about the massive superiority of their own offerings. This business with TestDriven.net is a good example. Nunit + testdriven are decent tools.

      me some examples. TFS vs. Subversion

      Never used TFS, so I can't comment. How about Subversion vs. Visual SourceSafe? That was the greatest thing ever too. Allegedly.

      I could certainly develop software for Windows using open source tools, though I would probably quit my job before doing that.

      I do develop for windows using open source tools. I think I might quit if they made me use Visual Studio

      --
      Don't let THEM immanentize the Eschaton!
    34. Re:Shoot at foot... by JohnFluxx · · Score: 1

      So that's why you have layers. There's no reason you couldn't build a bug tracking system etc on top of svn. In fact, that's what kde does. And look at launchpad and Trac.

    35. Re:Shoot at foot... by RightSaidFred99 · · Score: 1

      I don't want layers. Layers mean I have to make each individual product talk with each other product. Sometimes, if you're lucky, it works but other times it doesn't. And either way - it takes time and hacking to make them work correctly together. I want to develop my software, not develop hacks and layers to handle day to day tasks like issue tracking, reporting, continuous integration, etc...

    36. Re:Shoot at foot... by stonecypher · · Score: 1

      ftp, http, email, came from small-time unix developers.
      Actually, email came from the US military, HTTP comes from Swiss particle physics laboratories, and FTP - which is RFC 114, April 1971, is older than the Unix Time Sharing System First Edition, November 3, 1971. I know it's de rigeur for Unix programmers to think that they're the root of all network stuff, but you're zero for three. Were I you, I'd look up the actual origins before citing them next time.
      --
      StoneCypher is Full of BS
    37. Re:Shoot at foot... by Anonymous Coward · · Score: 0

      Get educated. There are dozens (HP/UX, IRIX, SunOS/Solaris, AIX, XENIX, OSF, SCO Unix, Digital Unix, Tru64, BSDI, etc) of commercial Unix variants that are/were in wide use before linux. Hardly locked up in a research institution.

    38. Re:Shoot at foot... by lawpoop · · Score: 1

      You have no understanding of what you just said.

      Is the US military a software development organization? Is email the result of thousands on man-hours on their part? No. Email was developed by a small group of Unix developers inside the US military.

      Is the Swiss particle physics laboratory a software development lab? No, they're a particle lab. Http was developed by one man, Tim Berners Lee, working at the Swiss partical physics lab. How much smaller of a Unix development 'team' can you get?

      I don't know the history of FTP. Maybe you can fill me in -- how big was the team of guys that worked on it? How many years or man hours did they devote to it?

      By contrast, look how much time, money and development MS has put into their product line, and also note how little it has benefited anybody but them.

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    39. Re:Shoot at foot... by stonecypher · · Score: 1

      You have no understanding of what you just said.

      You might be surprised.

      Is the US military a software development organization?

      In this case, we're talking about a software development para-organization akin to RAND and Schlumberger, yes. The specific corporation in question is System Development Corporation, most commonly called SDC, and is the organization that did the actual creation of, among other things, email and ARPAnet for the military. The software development team in question was 47 people and they worked on a big-iron mainframe called AN/FSQ-32. The company employed thousands.

      Unix was a reactionary movement to big iron (even its name, Unix, was a play on the canonical big iron of the time, Multics.) The development of email was undertaken by a large, well funded professional software development organization operating under the military on big iron hardware. This is about as close to the exact opposite of what you said as possible.

      Is the Swiss particle physics laboratory a software development lab? No, they're a particle lab.

      It may come as a surprise to you, but the volume of data produced by large particle colliders requires software development at a pace not seen in most areas. Indeed, the specific reason for the development of HTTP was to accomodate differential update for information, because the network infrastructure required to distribute all materials on a synchronized basis was becoming prohibitive.

      Tim Berners-Lee designed the initial spec for the protocol that web servers use. To suggest that he single-handedly created the web is woefully misunderstood, and disposes of the central role that the software developers working with TBL at the time had in the ongoing development of the protocol. TBL himself has repeatedly said that his role in HTTP was relatively minor, and has repeatedly pointed out the similarity of his work to preceding work.

      How much smaller of a Unix development 'team' can you get?

      Tim Berners-Lee was working on a Macintosh. Check your history. By the way, this was before Macs were Unix boxes.

      Whether you choose to look at HTTP as the result of one man, or the extremely large group (hundreds!) of scientists pitching into the system, again, we're talking about a well funded, well organized group of professionals, and you're either looking at a heterogenous system or a Mac.

      Again, not a small group of Unix programmers, no matter how you look at it.

      I don't know the history of FTP. Maybe you can fill me in -- how big was the team of guys that worked on it? How many years or man hours did they devote to it?

      FTP is a college final project from MIT. It is supposedly the end result of almost three years of work, though that's apocryphal and I've never found citation. It isn't a team at all, it's one guy, and again, it predates UNIX. So, again, not a small team of Unix programmers and not a short development.

      It strikes me as curious that you're asking me to defend my citation of a mistake you made about something you now admit you know nothing about. Do you not see the problem there? I mean, shouldn't you have to know about it before you start talking about where it started in the first place?

      Like I said before, zero for three. I have you friended, and you have me friended, because in the past we have spoken well of one another and have respected one another's opinions. When you had something plain to say to me about my error, I took it on the chin like a man, and admitted my mistake.

      You have no understanding of what you just said.

      I should hope you learn not to speak this way to people. You'll find that in fact, frequently people who cite errors you made to you are, in fact, correct, and found the error because they have a longer history with these works than do you.

      Please repair your tone when sp

      --
      StoneCypher is Full of BS
    40. Re:Shoot at foot... by dedazo · · Score: 1

      You can't if it was written for Win 3.1 and is 16-bit and you are running Vista 64 bit.

      I'm sorry, but that's ridiculous.

      Linux/GNU system was born.

      That's true, but it's irrelevant as well, I think. Were it not for corporations Linux would still be the niche hobbyist OS it was for the first ten years of its existence. And it probably would have never reached the level of quality it has today.

      --
      Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
    41. Re:Shoot at foot... by lawpoop · · Score: 1

      Thank you, I was surprised!

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    42. Re:Shoot at foot... by drsmithy · · Score: 1

      Please let us know of what commercial products the following OSS projects are mere reimplementations

      Even if they all weren't (and some of them certainly are), it still wouldn't refute my point. You've got 12 examples here, there are ~150,000 registered projects on sourceforce.

    43. Re:Shoot at foot... by JohnFluxx · · Score: 1

      Good grief you're an idiot.

    44. Re:Shoot at foot... by WNight · · Score: 1

      As for your unwillingness to search for tools, you'll never get the best stuff packaged up and given to you. You simply can't. That you don't realize this says a bit about your skills - spend much time staying current?

      TFS is great if there's One Microsoft Way to do everything at your company. If you test in this fashion, and write specs this way, and code in these tools, and put all bug reports into the required format, then it might tie things together nicely. And wow, it automatically draws detailed powerpoint lies about when you'll have some feature done. Wow!

      But, what if you code in an agile environment? (ie, real world, where the specs aren't detailed in twenty-seven binders prior to the start of coding.) You may not have "specs" the software will usefully work with. You'll have use cases, which conceptually are similar, but not quite the same enough to survive being shoe-horned into the same tool.

      Similarly, you might need to start working in a non-MS Embraced language, Ruby, LISP, etc, and be totally unable to integrate it into your workflow properly because none of the standard tools work.

      Few companies require "custom software", but very few are perfectly fit by any given application, even if they commissioned its development. You can settle for 90% in everything and 10% in some things, or get 95% in everything, for a little cost in glue and research. Point to any MS product you can modify easily and Microsoft will be trying to sue you or take that functionality away. Go ahead, make your life easier, they dare you.

      You think automatic code refactoring is way cool, where you change one thing and the compiler changes all the redundancies. Imagine programming in a language where you simply didn't repeat yourself so much. Suddenly your IDE seems merely like a low-level Smalltalk hack and also-ran applications bolted to it for lock-in potential.

    45. Re:Shoot at foot... by lawpoop · · Score: 1

      I remember you well. I'm not pulling the friend bit. But, do me the favor of checking before you say something like "You have no understanding of what you just said" to me in the future. When you're wrong saying that, you rub people very, very hard the wrong way.

      First, let me apologize for using inflammatory language with you. I got caught up in an emotional response and I acted wrongly. I appreciate you taking the time to inform me and the slashdot community of factual history. I will try to be more civil in the future, and not repsond hastily in an inflammatory, emotional manner.

      I got frustrated because I felt that the people replying to my threads were missing my larger point by concentrating on details. Let me try to restate my position in a more friendly manner.

      Imagine it's 1975 and we're talking about Swiss particle physics lab. If you were to guess what might come out of it that would benefit the world, science, and knowledge in general, you might guess that they would publish some really great data on particles and physics. If I asked you what they would contribute to our knowledge or use of computers, you might say that they would develop great ways to process particle-smashing data, and they might share it with other labs or the world in general. If I told you that someone there might develop a general communications method for any kind of digital information that would, along with email, be the basis for a global computer communications network, you might say "Great! That's not what a physics lab is really about, but it sure could happen. And if they let everyone use it for free, even better!" So it's not what you're really expecting from a physics lab, but it's within the realm of possibility. Their main thrust would be scientific work about particle physics, but if they happened to make something that is generally useful to the whole world, that would be a wonderful bonus, or side-effect of their work. They could have concentrated on their own, internal communications system, or if they did make a more general program, they need never have let anyone use it, much less for free.

      On the other hand, say it's 1975 and we're talking about a yet unfounded company called Microsoft, that would go on to develop the most-used operating system, run on 90% of the personal computers around the world. They have thousands of programmers devoting millions of man-hours to nothing but developing general computer systems. What contributions would they make to the world, and computing in general? You might think they would do a great deal to promote computing in general, even as a side-effect of their profit-making programming. that's a reasonable expectation from their 20+ years of existence. But instead, most of what they have introduced to their users was copies of existing ideas, or ideas from small developers that they bought out. They really haven't *originated* much themselves. They did a good job of integrating and delivering existing ideas, but not so much for originating new ideas, which arguably is what really drives the field in general.

      However, that's not quite what happened. Most of the advances in computer science and their practical applications have come from relatively small operations, compared to the hours and resources devoted by MS, IBM, Sun, Oracle, etc. The advances have from from Universities, small start-ups, independent developers in the free software movement, the US military, and places like that.

      I think the cultural model people believed in the 20th century is that it's business and industry that drives innovation. But in the computing world, the opposite has happened. It was much smaller organization, relatively unorganized and independent, or the R&D parts of industry ( such as Bell labs developing Unix inside of Bell -- it wasn't management that drove the development of Unix; it seems to have been the researchers doing Comp Sci research under their own discretion -- perhaps you can correct me on this ).

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    46. Re:Shoot at foot... by Anonymous Coward · · Score: 0

      Linux is a "hobbyist" OS!

      I'm all for companies funding Linux and related stuff, but that is not what makes Linux relevant. Remember the days when Internet was first made available to the masses? Did most of the small ISPs at the time use Solar or Irix or AIX? No, they used FreeBSD. Corporations didn't make that AFAIK.

    47. Re:Shoot at foot... by belmolis · · Score: 1

      The projects I listed are not minor projects carefully chosen for not being reimplementations of proprietary software, they are each among the premier programs of their kind, and in the case of the first bunch, very widely used. A number of them, such as gcc and emacs, are among the older FOSS projects. It is true that in recent years, with the push to make Linux an alternative to MS Windows on the desktop, there have been a large number of clones of Windows programs, but that is not the core of FOSS. The core consists really of software of two types: (a) pieces of Unix, some of which are clones of software that was once proprietary, but many of which have never been proprietary (since they were developed at Berkeley or wherever); (b) software written to scratch an itch. For example, most computer music software has been non-commercial since day one.

    48. Re:Shoot at foot... by Anonymous Coward · · Score: 0

      You make yourself look like a nutter because you cling to a claim that ALL open source software is only half done and then dropped.

      Maybe that how you develop, but not everyone is like you.

    49. Re:Shoot at foot... by jamie(really) · · Score: 1

      Actually I think its you who is confused. Java, Gnu etc remain free-as-in-beer, but are not free-as-in-speech. Free Speech is about what you are allowed to say. The publisher of such code gives it to the receiver provided certain rules are followed. What you do get with GNU is the ability to make changes to the code provided you also make those changes available. So in fact, GNU actually limits what you are allowed to do with your own "speech" in this case. Certainly, I have the choice not to, and certainly a great many people think its a fair trade, but it *is* a trade. The great irony, IMO, is that as a result all GNU software *is* free as in beer.

      If you want to talk free-as-in-speech, you could at least pick the BSD license.

    50. Re:Shoot at foot... by Anonymous Coward · · Score: 0

      Tim Berners-Lee was working on a Macintosh. Check your history.
      NeXT you idiot, he used NeXT. And yes, the 'idiot' part is fully justified by your smug "check your history" comment.
    51. Re:Shoot at foot... by StrawberryFrog · · Score: 1

      TFS is much more than Subversion, think Subversion + Continuum + Bugzilla (somewhat) + requirements tracking + other tools.

      You are correct in one sense - TFS attempts to do a lot more than SVN. SVN is designed to so one thing well, and to connect to other tools that do their thing well.

      I have used both, and my opinion is that SVN has succeeded brilliantly. TFS is designed to be all things to all people, or something. It's a mess. It's no fun to use: It's annoying, it's rubbish, it's MS 1.0 product, but at least it's not SourceSafe. Also, the SVN + CuiseControl + Bugzilla toolchain is free, whereas TFS is highly expensive.

      --

      My Karma: ran over your Dogma
      StrawberryFrog

    52. Re:Shoot at foot... by Anonymous Coward · · Score: 0

      TFS > Subversion because it does everything subversion does, plus a _whole_ lot more.

      if you're saying "TFS is better because it has a larger featureset" then I must disagree. That might be true in some cases (I don't think it is in this case), but it certainly doesn't follow.

      You need to consider design philosophies: SVN as a plug-in replacement for one part of an ecology of interacting tools, each focused on doing one job and doing it well. TFS as a way for MS to charge companies loads of money.

      Just because you bolt a lot of stuff together doesn't make it better. In fact, unless you're very careful, quite the opposite. SVN in itself does less than TFS? So. What. The makers of SVN knew that free/open bug tracking tools etc. existed, and had no desire (and no financial incentive) to reinvent that wheel. Instead they allowed the tools to interact. Different philosophy.

    53. Re:Shoot at foot... by stonecypher · · Score: 1

      No, it was a Macintosh. NeXT wasn't yet invented. I know because I bought a first generation NeXTslab, and it came with Mosaic pre-installed. You can call me an idiot all you like, and blame it on my "check your history" comment, but hey, Anonymous Coward, you should check your history too.

      Anyone who has to say "you idiot" to make their point has an exceptionally poor control of the language.

      --
      StoneCypher is Full of BS
    54. Re:Shoot at foot... by stonecypher · · Score: 1

      However, that's not quite what happened. Most of the advances in computer science and their practical applications have come from relatively small operations, compared to the hours and resources devoted by MS, IBM, Sun, Oracle, etc.
      I've been hearing that mantra all of my life. It has no factual basis. If you take the time to write out a list of the things you think are important, *then* *afterwards* to research the list of origins, you'll find that not only are the vast bulk of these developments corporate, but that the ones that are from little teams virtually universally create large corporations that continue the innovation.

      I think the cultural model people believed in the 20th century is that it's business and industry that drives innovation. But in the computing world, the opposite has happened.
      No, it hasn't. Every single example you've given has been of large scale corporate innovation except FTP, and the idea that FTP is some huge step over what it replaced (UUCP) reveals an extremely poor understanding of the history of file transfer.

      such as Bell labs developing Unix inside of Bell -- it wasn't management that drove the development of Unix; it seems to have been the researchers doing Comp Sci research under their own discretion -- perhaps you can correct me on this ).
      The team under Kernighan and Ritchie which actually developed the first working UNIX was more than 30 people, and had corporate funding from AT&T in the hopes of taking Multics down a peg. Besides, if you're willing to pretend that development teams inside enormous corporations like AT&T, Bell and IBM are "small teams of programmers," then exactly what corporation doesn't fall under your definition of small teams?

      You are rewriting what you said in the attempt to remove the error instead of to admit it. You wanted to believe that nearly everything under the sun was written by, and I quote, "small-time unix developers." Now, you're giving examples that have nothing to do with Unix or small time developers, and building increasingly absurd excuses to continue to call them small-time.

      I mean, if you're willing to call a team of 30+ people in the late 1970s a small team, then there's just no such thing as a big team. Those kinds of populations were absolutely unheard of in that era; that's the age where a second programmer wouldn't be warranted unless you were taking on something like an operating system.

      Please stop attempting to rewrite what you said. You were wrong. Be an adult and admit the error. The vast bulk of software, protocols, standards, free code and so on out there are written and donated by corporations. I know because I've done the chart that I suggested you do earlier.

      Oh, and by the way, doing that chart doesn't count if you fill in origins from memory, because in this conversation you've attributed everything to the people you want to support, and gotten not a single one correct.

      Believe it or not, you too can be in error about what happened before you were born.
      --
      StoneCypher is Full of BS
  6. Seems fair to me by Maxo-Texas · · Score: 2, Informative

    Don't like microsoft but the same issues apply to any other license like creative commons and gnu.

    If you don't agree with the license terms of the software/artwork/music then don't use/extend it.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    1. Re:Seems fair to me by Volante3192 · · Score: 4, Informative

      The crux of the argument is he went over the licence terms of Express and didn't find where he was infringing. Jamie specifically emailed Microsoft asking for the clause in question so he could justify removing Express support.

      Microsoft simply responded with "it violates the licence, but we're not going to tell you where."

      More than likely, they screwed up and adhering strictly to the letter of the EULA (and not the spirit of the program) it is not specifically forbidden, thus implicitly allowed.

    2. Re:Seems fair to me by Anonymous Coward · · Score: 5, Informative

      Microsoft simply responded with "it violates the licence, but we're not going to tell you where."

      Actually they responded with 5 pages of documents stating exactly the clause.

      ("You may not work around any technical limitations in the software.")

      Of course, it's such an incredibly vague sentence one can understand why he didn't think it applied. And I bet they don't want to ever take that one to court, which is whey they had their manager "talk to him on the phone to plead with him".

      Microsoft getting screwed by their own EULA ... sweet, sweet poetic justice.

    3. Re:Seems fair to me by drooling-dog · · Score: 2, Insightful

      Don't like microsoft but the same issues apply to any other license like creative commons and gnu. Except that those licenses have to do almost exclusively with redistribution, and even then aim to preserve rights, not take them away. They don't restrict the use of software, or anybody's right to extend or interoperate with it.

      If you don't agree with the license terms of the software/artwork/music then don't use/extend it. No argument with you there. When I see all the ridiculous crap that my friends committed to proprietary software put up with almost daily, I'm happy to say "no thanks".
    4. Re:Seems fair to me by Volante3192 · · Score: 1

      "You may not work around any technical limitations in the software."

      If addins were explicitly hardcoded, then I could see some credence to this applying, but from what I can see (and I'll be frank, I have barely the foggiest idea how TestDriven works in tandem with Express) nothing was really worked around and addons weren't limited by the software; he used the same method to apply TD to other versions as to Express.

      As far as what the clause was, note his FIRST email asking about it was back in '05 (maybe early '06) and he finally got the clause in May 2007. That's what I was referring to...when he initially asked he was given the runaround. Only when legal action start being played up did he get a quote out of the EULA on legal letterhead.

    5. Re:Seems fair to me by Maxo-Texas · · Score: 1

      I think I was thinking of GPL. Which says I can't take it and make a product from it without giving my code to the codebase (unless I just use the API to the product and not the code). And all the time we catch businesses violating that clear restriction to make hardware routers and crap. They shouldn't take GPL code and make a new product without making their source available.

      I see that as roughly equivalent to this where they thought they had made a wimpy free version available and it turned out to have a hole that could make it a competitor for the retail versions.

      From the responses to my first post, it looks like their legal position is pretty weak (basically- we have enough money to keep you in court for years and ruin you). However, I can't be certain of the amount of bias in the responses. There may be another location where it says Express is limited that combines with the license terms to "not over come technical limitations" to close the case.

      Shame the guy wasn't putting the development time and effort into something good for java.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    6. Re:Seems fair to me by drooling-dog · · Score: 1

      I see that as roughly equivalent to this where they thought they had made a wimpy free version available and it turned out to have a hole that could make it a competitor for the retail versions. The notion of "crippleware" doesn't really map to FOSS, though. You can take your open source project and come out with proprietary enhancements, but you can't stop others from enhancing it themselves (and possibly better than you).
    7. Re:Seems fair to me by BasharTeg · · Score: 1

      What's wrong with you? One of the Slashdot Commandments is:

      EULAs and the GPL are completely and totally different! One is a company telling you what you may or may not do with their software (aka a license), and one is an independant developer telling you what you may or may not do with their software (aka a license).

      GPL developers have every right to tell you how to use their code, like telling you not to link your application, statically or dynamically, to their libraries unless your application is GPL. Microsoft on the other hand, has no right to issue a license that says that you "cannot circumvent the technical limitations of the product", and have one of those limitations be, don't link a 3rd party application to our product.

      It's totally a different situation, and definately isn't hypocrisy.

      Don't believe me? The replies to this post will (try to) explain why I'm sure.

    8. Re:Seems fair to me by Benanov · · Score: 1

      GPL reverses more restrictions that copyright law places upon you (can't run, can't modify, can't distribute) in exchange for some requirements if you perform certain activities (distributing source with binaries.)

      MS EULA reverses less restrictions that copyright law places upon you (can't run) in exchange for more onerous requirements.

      They're the same sort of thing but GPL has less restrictions upon you if you are in compliance--things you can't even do under MS EULA. Hence GPL = good , MS EULA = bad.

    9. Re:Seems fair to me by TheRaven64 · · Score: 1

      I think I was thinking of GPL. Which says I can't take it and make a product from it without giving my code to the codebase Please re-read the GPL, because that is categorically not what the GPL says. It says that if you build products based on GPL'd code then you have to give the same writes to your customers as you acquired from the GPL. You don't have to give anything back to the original project, or the developers of that project. Of course, you can't stop your customers from giving your contributions back, if they choose to, because you gave them the same rights the upstream project gave you.
      --
      I am TheRaven on Soylent News
    10. Re:Seems fair to me by TheRaven64 · · Score: 1

      GPL developers have every right to tell you how to use their code The GPL places absolutely no restrictions on use. It is not a EULA. The GPL places restrictions on distribution. You are free to use GPL'd software in any way you please, without accepting the license. The only time you need to accept the license is if you distribute the code.

      like telling you not to link your application, statically or dynamically, to their libraries unless your application is GPL The GPL does not say this. You may link GPL'd code to your application in any way you like. The only problem comes when you wish to distribute their code. You are not permitted to distribute the code.

      The biggest difference between the GPL and a EULA is that a EULA tries to take away rights that you would otherwise have under copyright, while the GPL grants you rights that you would not otherwise have.

      --
      I am TheRaven on Soylent News
    11. Re:Seems fair to me by turbidostato · · Score: 1

      "EULAs and the GPL are completely and totally different! One is a company telling you what you may or may not do with their software (aka a license), and one is an independant developer telling you what you may or may not do with their software (aka a license)."

      Well, they are completely different in fact: and EULA is an end USER license agreement, while the GPL doesn't deal on how do you USE the software at all. On the other hand, an EULA is an END user license agreement ("end" meaning the user is at the end of the distribution chain, when no further distribution is expected or allowed) while the GPL is everything about how do you FURTHER DISTRIBUTE the program. On the third hand (yes, I'm third handed, so what?) an EULA is an end user LICENSE AGREEMENT -where if you don't agree you can't have even a look at the software, while the GPL doesn't even try to REACH AN AGREEMENT with you -you are free to disagree and still use the software in whatever way you want.

      So you see? EULA is an acrostic made up of four words. Three out of four of them mean exactly the opposite than in the GPL: is not "end", is not "user", and it is not "license"; all the EULA and the GPL have in common is that they both are "agreements".

      "Don't believe me? The replies to this post will (try to) explain why I'm sure."

      Your bet.

    12. Re:Seems fair to me by Anonymous Coward · · Score: 0

      Actually they responded with 5 pages of documents stating exactly the clause.

      ("You may not work around any technical limitations in the software.")

      Of course, it's such an incredibly vague sentence one can understand why he didn't think it applied. And I bet they don't want to ever take that one to court, which is whey they had their manager "talk to him on the phone to plead with him".


      From the very early stages of the discussion, it should be obvious to anyone who read the emails (including Microsoft's Jason Weber unless he is mentally retarded) that whether or not making addins for Express violates the license was a point in dispute. As on 24th May 2007, Microsoft's position on that point had consisted entirely of making a bare assertion and repeating it again and again and again. It was only when their lawyers sent a threating letter that they were prepared to be more specific on the point.

      As for this broad language, it is a well-established principle of contract law that if a contract written by one party and accepted by another contains any vague or ambiguous language then any uncertainty created by the vagueness or ambiguity must be resolved in favor of the party that didn't write it. (If the party that wrote the contract lose out, it serves them right for making it vague or ambiguous in the first place.)

    13. Re:Seems fair to me by WNight · · Score: 1

      Not at all true. You don't have to read the GPL to use software (you never have to, copyright law allows looking at copyrighted works even if you didn't come into them by the author's intent). The GPL is to allow you to redistribute the software. That would be like if Jamie had actually hacked a download from MS and offered the modified file to someone else.

      All he did was use it and write software to interact with it. The users who download and install his mod are violating their EULAs (not Jamie's) but EULAs aren't binding, and theirs aren't Jamie's problem even if they were. He made a hammer, other people downloaded it and started hammering. Supposedly this was illegal because they don't have hammering rights to something they otherwise own...

      But really, the GPL and an EULA are nothing alike. One is supposed to keep you from using software, the other is intended to offer you extra distribution rights in certain cases. One you're forced to read before use, the other you may choose to read if you feel like modifying and redistributing.

      There is no Microsoft equivalent to the GPL because you are never allowed to distribute any of their software, even patches, with a few very minor exceptions. (Seriously, the DX9_redist file and a few others are explicitly allowed, their patches are explicitly disallowed and one has to assume that everything that doesn't say is similar. You can copy the patches, but only in as "pushing out patches" to machines you own, not in the sense of putting them on your website in a tutorial, like you could with a GPLed program.)

  7. not to be all nice to microsoft, but by rucs_hack · · Score: 2, Insightful

    If they said 'no addins' for the free edition, and someone does one, surely they are in the right to get annoyed?

    After all, it's not as if people are forced to use visual studio express, they could always use something else if they don't like the terms. If you want to use it, you use it the way they say, that seems obvious to me.
    I have an open source project, and I would get mighty pissed if someone broke my terms. Ok mine are the gpl, but it's the same thing.

    I prefer mingw studio anyway..

    1. Re:not to be all nice to microsoft, but by gstoddart · · Score: 2, Interesting

      If they said 'no addins' for the free edition, and someone does one, surely they are in the right to get annoyed?

      If they don't want addin support in the free edition, disable it in the product.

      If someone enables it and it works, what exactly has he done wrong?

      I have an open source project, and I would get mighty pissed if someone broke my terms

      Only if your terms make sense. If, for example, you said "nobody with a yellow shirt can use my software" ... that would be your term, but it would be a stupid term and people would ignore it in all likelihood. We're not talking about breaking your copyright, we're talking about arbitrary rules which they apparenty didn't enforce in their own code.

      Cheers
      --
      Lost at C:>. Found at C.
    2. Re:not to be all nice to microsoft, but by Volante3192 · · Score: 2, Interesting

      If they said 'no addins' for the free edition, and someone does one, surely they are in the right to get annoyed?

      It matters where they said 'no addins' though. There's a difference between a bullet point in a product comparison table and a clause in the EULA. Where the problem lies is Microsoft has yet to point out the specific part in the EULA that forbids addins for Express, instead falling on the spirit in which the project was designed.

      If 'no addins' is not in the licence, Jamie is not breaking the licence.

      They probably just copied the licence from another version and hoped that people wouldn't actually read it.

    3. Re:not to be all nice to microsoft, but by kebes · · Score: 5, Insightful

      If they said 'no addins' for the free edition, and someone does one, surely they are in the right to get annoyed?
      Absolutely. They can get as annoyed as they like. They can yell from the top of a mountain "I am annoyed! Please stop doing that!" In fact that's what they did at first--they tried to convince the developer to stop distributing the project. That's their right.

      However they were not happy with the way the "good faith" negotiations proceeded, and now they are trying to use the law to get their way. The question is, do they have the right to legally enforce their ethos? If there were a contract between Microsoft and TestDriven.NET, then that may limit what TestDriven.NET is allowed to do. However it does not appear that this is the case. In fact, it appears that there is no legal reason why someone can't program add-ins for VS Express. Microsoft may not like it, but it's not illegal. (Please correct me if I'm wrong on that point.)

      If you want to use it, you use it the way they say, that seems obvious to me.
      I disagree. If I obtain a product (buy it for $X or download a free product under certain licensing terms) then I can use it however I want (limited only by the law). If something in the EULA makes it illegal to use add-ins, then I suppose Microsoft can claim that end-users of TestDriven.NET are violating the VS Express EULA... but that still doesn't make TestDriven.NET's actions illegal.

      I have an open source project, and I would get mighty pissed if someone broke my terms. Ok mine are the gpl, but it's the same thing.
      You're mixing two different issues, however. The GPL is a license that (along with copyright) provide a legal framework that delineates what you can and cannot legally do. That is a legal issue. If you release your GPL project, and then find that someone is using your code to run a porn website (but is complying with the GPL), then you may claim that their usage is against the "ethos" of your project--but that still doesn't give you the legal right to prevent their use. You gave them a license to use the software, and that's what they are doing. You can be annoyed, but you cannot sue.
    4. Re:not to be all nice to microsoft, but by Volante3192 · · Score: 4, Insightful

      Not just in the code, but in the licence.

      Continuing with the shirt analogy, it's like having two programs, let's call one 'Express' and one 'Enterprise'

      Express feature table says 'No support for users wearing yellow shirts.'
      Enterprise feature table says 'Supports all colors and color combinations on shirts.'

      But your legal department charges you $1 mil per EULA, so you decide to just put the EULA for the Enterprise version with the Express version, after a simple s/Enterprise/Express/g;

      Now you have a user calling in wanting support and the techs ask his shirt color and version. He says yellow and Express. The techs say this is in violation of the EULA, but in reality, there is no clause refusing him service.

      The feature table is not a contract. The EULA is, and he agreed to the EULA that you were cheap on that didn't explicity exclude support for yellow-shirted users. You are now up doodoo creek without a paddle...

    5. Re:not to be all nice to microsoft, but by plague3106 · · Score: 3, Insightful

      If they don't want addin support in the free edition, disable it in the product.

      It is.

      If someone enables it and it works, what exactly has he done wrong?

      If you hack your sat. Tv card to get things you're not supposed to, have you done something wrong? Yes, you have.

      Only if your terms make sense. If, for example, you said "nobody with a yellow shirt can use my software" ... that would be your term, but it would be a stupid term and people would ignore it in all likelihood.

      It doesn't matter if you believe the terms make sense or not. You can choose to follow them or not (and not use the product). I'm sure someone in Iran would think it doesn't make sense for me to include a term that software is not to be used in a non-democratic country, but that doesn't give them the right to simply ignore it.

      We're not talking about breaking your copyright, we're talking about arbitrary rules which they apparenty didn't enforce in their own code.

      So I have to lock my door, otherwise its my fault if you come into my house and take my TV? That's some nice logic you have there.

    6. Re:not to be all nice to microsoft, but by Jaqenn · · Score: 5, Funny

      I commend you for avoiding a car analogy.

      --
      You are awash in a sea of fiercely stated opinions. Obvious exits are: 'File->Quit', 'Reply', and 'Page Down'.
    7. Re:not to be all nice to microsoft, but by drooling-dog · · Score: 1

      I have an open source project, and I would get mighty pissed if someone broke my terms. Of course, those wouldn't include prohibiting people from improving it, interoperating with it, adapting it, or using it however they like. That's what "open source" means!
    8. Re:not to be all nice to microsoft, but by rucs_hack · · Score: 1

      wouldn't I love it if people did that. As it is my software remains obscure, of interest to such a specialist group that I'm on first name terms with people who make 'competing' products and more than a few end users.

      In the history of my project no-one has ever managed to fork it succesfully, though there have been a few attempts. I even helped with some.

      Just because it can happen, doesn't mean it will, so I am left struggling on with no-one substantially helping or contributing new code [fade out to sounds of violin music].

    9. Re:not to be all nice to microsoft, but by MMC+Monster · · Score: 1

      For this to have any legality at all, we have to first assume that click-through EULAs are legally binding. I think that is what MSFT is trying to avoid taking to court.

      --
      Help! I'm a slashdot refugee.
    10. Re:not to be all nice to microsoft, but by sabre86 · · Score: 1

      I really mean to look at your code sometime, i just haven't gotten a chance yet. I know several people who are considering putting together GPL'd dynamics engine, perhaps a little more general than yours. I need to look at your code to know, though. I will.... eventually.

    11. Re:not to be all nice to microsoft, but by stuntpope · · Score: 1

      Now we can look forward to years of the dreaded shirt analogy. Henceforth, even computer security threads will not feature houses and locks analogies, but instead, shirts and buttons vs. zippers analogies.

    12. Re:not to be all nice to microsoft, but by dch24 · · Score: 1

      Like street racing, and you see an old grandma start to cross, so you tuck in and draft the other guy in the lane to your left...

    13. Re:not to be all nice to microsoft, but by mi · · Score: 1

      Only if your terms make sense. If, for example, you said "nobody with a yellow shirt can use my software" ... that would be your term, but it would be a stupid term and people would ignore it in all likelihood.

      And they would be in violation of the license agreement. See? Agreement — you agree to not wear a yellow T-shirt, however stupid — you may feel — this requirement is. Wearing it anyway is a violation...

      But the contention here is not whether the license is "stupid" — it is whether or not it is, in fact, violated.

      --
      In Soviet Washington the swamp drains you.
    14. Re:not to be all nice to microsoft, but by rucs_hack · · Score: 1

      I'd welcome any feedback or assistance, it would be nice to have someone else doing something, even if only critiquing

    15. Re:not to be all nice to microsoft, but by Anonymous Coward · · Score: 0

      You're mixing two different issues, however. The GPL is a license that (along with copyright) provide a legal framework that delineates what you can and cannot legally do. That is a legal issue. If you release your GPL project, and then find that someone is using your code to run a porn website (but is complying with the GPL), then you may claim that their usage is against the "ethos" of your project--but that still doesn't give you the legal right to prevent their use.

      Actually if you took one of my GPL projects and used it to run a porn website that would be totally within my ethos.

    16. Re:not to be all nice to microsoft, but by LizardKing · · Score: 2, Insightful

      If they don't want addin support in the free edition, disable it in the product.

      It is.

      It isn't . The author of this plugin made it work, therefore by definition it in't disabled. If MS really didn't want plugins to work in the Express edition of VS, then they should have removed support for it entirely.

  8. But is it illegal? by kebes · · Score: 5, Insightful

    The post from the Visual Studio blog is quite interesting. In the first paragraph, Dan Fernandez says that the add-in "is a direct violation of both the EULA and 'ethos' of the Express product line." Throughout his post, he continually mentions that the add-in is "illegal."

    Yet he spends the entire post talking only about the "ethos" part of it (describing their numerous good faith attempts to convince Jamie Cansdale to stop distributing his product), but he never explains what the illegal part is. Clearly the Visual Studio team feels that Jamie is violating the "ethos" of their project (their "business plan," in fact). On the other hand, Jamie probably feels that the Visual Studio team is violating the "ethos" of his project when they try to limit it. So whose "ethos" is more important?

    At no point, however, does the blog post mention anything about how the Visual Studio EULA could prohibit the distribution of TestDriven.NET. After all, I can redistribute copies of TestDriven.NET without even owning a copy of Visual Studio--so obviously I'm not bound by the Visual Studio EULA.

    I can think of no legal reason to prohibit what Jamie is doing... and apparently, neither can Dan Fernandez. Has anyone found a nugget of legal truth in the other documents?

    1. Re:But is it illegal? by GreatDrok · · Score: 4, Insightful

      Surely, if the EULA doesn't allow plugins then the software itself shouldn't support them? The fact that it does makes a nonsense of all this. The onus is on MS to disable the functionality that allowed this to happen, not to send the lawyers in.

      --
      "I have the attention span of a strobe lit goldfish, please get to the point quickly!"
    2. Re:But is it illegal? by jas79 · · Score: 1

      The first thing fernadez says is "While I'm not a lawyer" . That is why he isn't commenting on the legal details

    3. Re:But is it illegal? by kebes · · Score: 5, Interesting

      Has anyone found a nugget of legal truth in the other documents?
      According to the Microsoft legal threat, the relevant portion of the Visual Studio Express EULA is:

      ...you may use the software only as expressly permitted in this agreement. In doing so you must comply with any technical limitations in the software that only allow you to use it in certain ways... You may not work around technical limitations in the software.
      Microsoft would claim, therefore, that to develop TestDriven.NET, the developer had to download Visual Studio Express, and agree to the EULA in order to install it. However the situation is probably more complex. The issue (from what I can tell) is that a single version of TestDriven.NET works with all versions of Visual Studio (Express or otherwise). So it can easily be shown that TestDriven.NET was developed using the full version of Visual Studio--which not only allows you to create add-ins but in fact encourages you to do so. So the EULA (of the full version of Visual Studio) was not broken.

      So the question is: "Is TestDriven.NET legally required to alter their product so as to enforce the terms of someone else's EULA?" Isn't it the end-user, who combines VS Express and TestDriven.NET that is in violation of the EULA?

      Or perhaps the real question is: "Are ridiculous terms in an EULA, such as 'thou shalt not make the product do things we didn't intend for it to do' actually legally enforceable?"
    4. Re:But is it illegal? by RightSaidFred99 · · Score: 0

      Umm, OK. So maybe Microsoft should just terminate the Express line? How would Jamie like that, I wonder, being the one person responsible for ending availability of a product his customers apparently use?

    5. Re:But is it illegal? by blueskies · · Score: 1

      Umm, OK. So maybe Microsoft should just terminate the Express line? How would Jamie like that, I wonder, being the one person responsible for ending availability of a product his customers apparently use?

      Why? So microsoft can lose more users? You use a very curious form of the phrase "one person responsible." How is he the "one person responsible" if microsoft is the one that terminates it? Grow up and put responsibility where it belongs, on Microsoft. Like it's his fault MS decides they don't like that he can add value to their products.

    6. Re:But is it illegal? by Jah-Wren+Ryel · · Score: 0

      Surely, if the EULA doesn't allow plugins then the software itself shouldn't support them? The fact that it does makes a nonsense of all this. The onus is on MS to disable the functionality that allowed this to happen, not to send the lawyers in. Too bad 'the lawyers' aren't so sensible. It's the same reasoning used to make deep linking illegal - even though there is a technical means of preventing it, you still get the lawyers and judges who think the laws of man ought to supercede the laws of physics.
      --
      When information is power, privacy is freedom.
    7. Re:But is it illegal? by GreyPoopon · · Score: 1

      At no point, however, does the blog post mention anything about how the Visual Studio EULA could prohibit the distribution of TestDriven.NET. After all, I can redistribute copies of TestDriven.NET without even owning a copy of Visual Studio--so obviously I'm not bound by the Visual Studio EULA.

      Read deeper into Jamie's BLOG. One of his entries indicates that the first of the letters sent by the lawyers identified the section of the EULA. It's rather nebulous, but it looks like it would win out in court (unless EULAs in general were invalidated). What I don't know is if the same clause is in the other versions of Visual Studio. If it is, then Jamie would have to remove his add-in altogether. The only legal solution that would hold water is for Microsoft to grant him an explicit waiver for his add-in on the products that they feel are ok. I'm not really sure how that would work.
      --

      GreyPoopon
      --
      Why is it I can write insightful comments but can't come up with a clever signature?

    8. Re:But is it illegal? by gral · · Score: 1

      As soon as they push people, then the people would probably find SharpDevelop, and see that it has more than the Express version and about on par with the full release of studio.

      So they wouldn't have a reason to upgrade to the full version, and thereby lose potential revenue. ;-)

      --
      Scott Carr
    9. Re:But is it illegal? by Dogtanian · · Score: 1

      Umm, OK. So maybe Microsoft should just terminate the Express line? MS wouldn't have released the Express line in the first place if it hadn't been in their interest. Releasing a cut-down version that's fun to play with, but not ultimately much good for serious work is a good way to get people using MS products, and make them more likely to stay with them when they start doing serious work (which will, of course, require them to fork out for the proper version).

      They'd terminate it if it wasn't in their interests anyway. Any (phoney) "generosity" from MS that is dependent upon everyone playing the way MS would like is of questionable value.

      How would Jamie like that, I wonder, being the one person responsible for ending availability of a product his customers apparently use? Yeah, it'll all be Jamie's fault if kind Uncle Bill is *forced* to withdraw his entirely altruistic offer. Nice scapegoat.
      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    10. Re:But is it illegal? by JesterXXV · · Score: 2

      So just because something's possible, it should be legal? That doesn't make any sense whatsoever.

      Maybe there's not an easy way for MS to completely disable the add-ins without shooting themselves in the foot, or maybe they didn't have time to do it before the release date, or maybe they just didn't feel like it. So what? Just because you CAN do something doesn't mean you SHOULD.

      --
      Yo mama so fake, she failed the Turing Test.
    11. Re:But is it illegal? by chrpai · · Score: 1

      ...You may not work around technical limitations in the software...

      Isn't that practically the definition of Software Development and Systems Integration????

    12. Re:But is it illegal? by julesh · · Score: 3, Insightful
      According to the Microsoft legal threat, the relevant portion of the Visual Studio Express EULA is: ...you may use the software only as expressly permitted in this agreement. In doing so you must comply with any technical limitations in the software that only allow you to use it in certain ways... You may not work around technical limitations in the software.

      The full paragraph in question is:

      9. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. For more information, see www.microsoft.com/licensing/userights. You may not
            work around any technical limitations in the software;
            reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
            make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
            publish the software for others to copy;
            rent, lease or lend the software; or
            use the software for commercial software hosting services


      Note that the author is based in the UK (his company, Mutant Design Limited, is registered to an address in London), so the "applicable law" includes both UK and EU law. MS's complaint seems to mostly be that he reverse engineered the software in order to determine how to make his extension (they also seem to be suggesting he worked around a technical limitation, but that doesn't actually appear to be the case to me -- the software was capable of doing this all along, it just wasn't documented how to make it do it). I'll grant it is almost certainly true: he did reverse engineer VSE in order to determine how to make his extension work with it.

      However, he is almost certainly allowed by EU law to perform reverse engineering. See this summary of the legal status of reverse engineering in various disciplines, specifically:

      Reverse engineering is allowed under Article 6 [of the European Copyright Directive], but only for the single purpose of producing an interoperable program (rather than a competing program).


      If TestDriven.NET isn't an interoperable non-competing program, I don't know what is.
    13. Re:But is it illegal? by Anonymous Coward · · Score: 1

      So it can easily be shown that TestDriven.NET was developed using the full version of Visual Studio--which not only allows you to create add-ins but in fact encourages you to do so. So the EULA (of the full version of Visual Studio) was not broken.

      So the question is: "Is TestDriven.NET legally required to alter their product so as to enforce the terms of someone else's EULA?" Isn't it the end-user, who combines VS Express and TestDriven.NET that is in violation of the EULA?


      IANAL, but I used to have one when I owned a software business. My lawyer analyzed a similar situation for me. As it happens, my business was based on extending a piece of software which was freely downloadable in source code form. Though the source was freely downloadable, the legalese that accompanied it restricted its redistribution unless you negotiated a license. So you could download it, use it yourself, but not sell it. What we did was develop extensions to it... and sell the extension, but not the base code. In order to ship a usable product, our customers had to license both the base code and our extensions. We felt this was good for all concerned.

      The owner of the base code was not pleased with us, feeling that they somehow were entitled to our pie as well as their own. Our lawyer disagreed. Theirs must have too, because it never went beyond name-calling.

      It seems to me that this is reasonably analogous to the situation faced by TestDriven.NET -- the owner of a piece of software has attempted to restrict its use through an EULA. As you point out, TestDriven.NET is not a party to the EULA and isn't itself in violation of the EULA. Game, set, match -- if MS wants to be mad at someone, it should be at their own lawyers, for not crafting a license or set of licenses to prevent this. Except that MS has bigger lawyers and deeper pockets, so can probably continue to harass our protagonist.
    14. Re:But is it illegal? by Abcd1234 · · Score: 1

      So it can easily be shown that TestDriven.NET was developed using the full version of Visual Studio

      Actually, the author explicitely says he "developed the whole of TestDriven.NET 1.0 using C# Express, MSBuild and WiX (as described in this post)". So he may very well be in violation of the Express EULA. Problem is, most EULA's are unenforceable, especially such exceedingly generic statements as "You may not work around technical limitations in the software."

    15. Re:But is it illegal? by Danse · · Score: 2, Interesting

      Maybe there's not an easy way for MS to completely disable the add-ins without shooting themselves in the foot, or maybe they didn't have time to do it before the release date, or maybe they just didn't feel like it. So what? Just because you CAN do something doesn't mean you SHOULD.

      Well then maybe they should have actually said you can't use add-ins with it in the EULA at the very least. They didn't, so it's their own fault if people do that with the product that they paid for.
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    16. Re:But is it illegal? by SLi · · Score: 3, Informative

      I think you are wrong in at least one count, and I heavily suspect another.

      First of all, there is no such thing as "EU law". There are EU directives which do not (as far as I know) bind a single national court in the EU. The way they work is they require all the countries to implement national laws with the effect of the directive text. If there is no such law, the courts probably won't take the directives and apply them. Enforcement works by the EU Comission suing the country that has not in due time implemented the directive. This, if what you say, might or might not be bad for the developer of the software.

      Second, with the scarce information I have about what was done, I gather the author of the software used APIs defined in .h files. At least unless the function names were obfuscated, I find it hard to believe this would count as reverse engineering. This should be good for the developer, since it means he's not constrained by the narrow language of where reverse engineering is allowed (even if this case might fall inside it).

    17. Re:But is it illegal? by bitserf · · Score: 0, Troll

      Mod parent up. I can't believe that they'd be so stupid to ship it with the functionality enabled, and then raise a stink when some plugins load in it *and* then try to legally strong-arm a developer instead of releasing a patch.

      Hello VS team, there is this feature called #if in C#, #ifdef in C++, you should look into it. Also, you should work on your developer communication skills. We actually have brains and don't mindlessly believe the drivel you spout.

      Every time I hear stuff like this, I wish I didn't develop for their platforms in my day job, indirectly supporting them, and look forward to finishing my degree and working at a startup built on OSS.

    18. Re:But is it illegal? by RightSaidFred99 · · Score: 1

      Have you ever used VS2005 for any moderately complex software development? It's not on par with Visual Studio.

    19. Re:But is it illegal? by drinkypoo · · Score: 2, Informative

      However, he is almost certainly allowed by EU law to perform reverse engineering.

      The DMCA contains a similar clause - see section F. To make a long story short, if you didn't pirate the software, you can reverse-engineer it for the purposes of interoperability. And you can do it for the purposes of creating a competing product, as well. (or at least, it doesn't say you can't.)

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    20. Re:But is it illegal? by umbrellasd · · Score: 1

      Dear Microsoft,

      Just leave the guy alone. If your product is such crap that adding his one little integration feature into the Express version costs you a big chunk of your profits, then your product is crap and so are your high-value tiers that you make people pay exorbitant sums of money for, and if that is true, you should suck it up and admit you are monopolizing pricks rather than try to hide behind your "ethos", and lawyerspeak, and your big fat ego.

      Sincerely,

      Your Mom
    21. Re:But is it illegal? by gral · · Score: 1

      Yes, I have. I was talking about the "Free" version of VS, not the full version.

      --
      Scott Carr
    22. Re:But is it illegal? by Anonymous Coward · · Score: 0

      There is such a thing as EU law. More to the point, in the UK, the European Communities Act 1972 allows that EC law apply automatically [in the UK] without Parliament having to approve each enactment individually. So whilst Parliament is sovereign, it has used its sovereignty to delegate to EU law and allow it to "modify" existing UK law as it comes into force. That's pretty binding, no?

    23. Re:But is it illegal? by benjymouse · · Score: 3, Informative

      If you read the MS response you would realize that the Express line of products have been stripped of Macros, Addins, extensions etc. MS has in fact not only *disabled* this functionality; they stripped it from the Express products entirely.

      What was done here was to leverage a feature of the properties panel as an attach vector to worm in functionality. The property panel supports "custom editors". That a feature open to any .NET developer: If you develop your own class/control/component you can leverage the built-in editors for properties of your class, or you can develop your own editors.

      TestDriven.NET used this feature to have his own code run in the context of the Visual Studio Express process. When that happens he hijacks the internals of the application to inject his own menus, commands etc. That is clearly circumventing a restriction explicitly imposed on the Express line. It is also violating the copyright on the product b/c you are now changing the product in ways it was not designed to be changed and to which you have not been granted rights.

      --
      Reading slashdot one-liner: (irm http://rss.slashdot.org/Slashdot/slashdot).rdf.item | fl title,desc*
    24. Re:But is it illegal? by RightSaidFred99 · · Score: 1

      Fair enough. VS2005 in all its full glory (Team editions for developers/testers/architects, TFS explorer, WCF software factory addins, Workflow addins, Ghostdoc, etc..) is a thing of crazy hotness. The free version, not so much.

    25. Re:But is it illegal? by ozphx · · Score: 1

      > If TestDriven.NET isn't an interoperable non-competing program, I don't know what is.

      The more expensive MS SKUs provide unit test support. MS doesn't like that, obviously.

      --
      3laws: No freebies, no backsies, GTFO.
    26. Re:But is it illegal? by Anthem.uxp · · Score: 1

      There is such a thing, it is called the EU regulation. In contrast to the directives a regulation can be directly applicable. As European Union law trumps local law it does bind all national courts. If they "don't get it" their decisions can be overturned by the ECJ.

    27. Re:But is it illegal? by JAlexoi · · Score: 1

      FYI Most countries implement the law.
      In my home country(part of EU) IP law was forever in accordance with EU directives.
      I expect that UK has the same law implemented.
      Only political directives are contested.

      And yes there is EU law, its just not enforceable unless ratified/implemented by country parliaments. Ever heard of EU parliament?

      And BTW looking at .h files if considered reverse engineering.

    28. Re:But is it illegal? by RageOfReason · · Score: 1

      The EU legal architecture lays down regulations, directives, decisions, recommendations and opinions. These secondary legislative artifacts constitute what is effectively EU law; all member states laws (and constitutions) are subservient to them and are required to enforce them.

    29. Re:But is it illegal? by Fujisawa+Sensei · · Score: 1

      Lets do a little analysis of this.

      If you read the MS response you would realize that the Express line of products have been stripped of Macros, Addins, extensions etc. MS has in fact not only *disabled* this functionality; they stripped it from the Express products entirely.

      So what the developer wrote could not possibly have been extension or plugin for the Express Edition, because according to what you say those hooks have been removed and it is not possible.

      What was done here was to leverage a feature of the properties panel as an attach vector to worm in functionality. The property panel supports "custom editors". That a feature open to any .NET developer: If you develop your own class/control/component you can leverage the built-in editors for properties of your class, or you can develop your own editors.

      So he has written some code that uses basic .NET functionality that any developer has access to? And the panel does support "custom editors" So he wrote a "custom editor" which must be legal since the functionality is there.

      TestDriven.NET used this feature to have his own code run in the context of the Visual Studio Express process. When that happens he hijacks the internals of the application to inject his own menus, commands etc. That is clearly circumventing a restriction explicitly imposed on the Express line. It is also violating the copyright on the product b/c you are now changing the product in ways it was not designed to be changed and to which you have not been granted rights.

      You say he was not granted rights, but yet he was using basic .NET functionality and writing a "custom editor" which should have the functionality to have custom menus. Unless you're talking copyright rights. Since he's not distributing Express line of products there is not copyright violation there. He can't be in violation of writing a plugin or extension for the software in question, since you said the functionality has been removed. And writing 3rd party products that work with existing products has long been deemed legal, in spite of what the EULA claims.

      --
      If someone is passing you on the right, you are an asshole for driving in the wrong lane.
  9. Having read the MS response by palladiate · · Score: 4, Interesting

    The MS project manager goes on about working with Jamie to clear up the Express situation, but doesn't explain their reasoning beyond calling what he did "illegal."

    First, that's not the way to treat your community. Either explain to him and to us exactly what he did that was wrong, beyond the vague wording at the beginning of not being in the "spirit" of Express editions. Second, when can Microsoft unilaterally declare breach of contract "illegal?"

    I use DevC++ for all my hobby needs and teaching the kiddo. After this, I would never switch to MS C++ Express or VB Express, even if it was a vastly superior product. I just need some syntax highlighting and compiler integration. I don't want to dance around legal threats over what Microsoft's "spirit" is this week.

    1. Re:Having read the MS response by westlake · · Score: 1
      First, that's not the way to treat your community

      The Express community isn't a professional development community.

      It is a community of beginners, students and hobbyists: recreational programmers who have been given a powerful set of tools and support for free. Coding4Fun

      To me these projects do look like fun.

      Each rated according to the time, skill and, where appropriate, the materials and cost required to complete them.

    2. Re:Having read the MS response by Anonymous Coward · · Score: 0

      He had just created crack for the Express version.
      You know that little programms that conver "trials" to "full"? And now everyone at slashdot says he has the right to sell his cracks.

      LOLd hard.

  10. How far can licenses go by ch-chuck · · Score: 5, Interesting

    I've often wondered how much one can get away with in licenses. Of course they cannot override any consitutional or local laws, but say a developer is rather religious. Can s/he then stipulate that the software cannot be run on Sundays? Or that the user must be wearing underwear or shoes and shirt while using $PRODUCT ?

    --
    try { do() || do_not(); } catch (JediException err) { yoda(err); }
    1. Re:How far can licenses go by R2.0 · · Score: 1

      Since software licenses are basicaly covered under contract law, I believe that anything goes with the following exceptions:

      1) Clauses that are "unconscionable" or that "shock the conscience". So an EULA that says "By using the software you agree to be whipped at any time by the executives of the Company" probably wouldn't fly.

      2) Clauses that go against public policy. One can waive various legal rights and recourse in a contract, but a legislature can say that a right is unwaivable. So for instance, an EULA taht says that "By using the software you agree not to sue the Company for any reason whatsoever, and also waive the right to any mediation or arbitration" would go against public policy.

      3) Illegal acts: one cannot contract to perform illegal acts. So a contract for sex in exchange for money is considered void; if a hooker gets "stiffed" by her john, she is _legally_ out of luck. So, if an eula said "By using the software you agree to allow the transfer of cash sums in excess of $10,000 through your personal bank account in order to diguise the money's origin" would be null and void.

      And remember, IANAL(BIMO).

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    2. Re:How far can licenses go by SLi · · Score: 1

      Software licenses are not covered under contract law. Don't worry, that's a very common mistake. They are licenses, one-sidedly declared exceptions to the protection afforded to the copyright holder by the copyright law (ie. "while the copyright law says person X may not do this, we hereby give him the permission to do so with the authority of the copyright holder").

      EULAs take this a bit further by asserting that by clicking on "I Agree" you are entering into a contract. It might or might not be so, there is really not much relevant case law on the issue. However in quite many jurisdictions at least buying the software over the counter already gives you the right to run it (and please don't give me the BS about not having bought it, it's a product and you have bought it, it's yours). It is not exactly a claim without merit that to enter a contract by clicking the button you would have to at least get something you don't already have in exchange (well, at least in my jurisdiction). Hence it is not clear that EULAs are enforceable (although to be fair the opposite is not clear either). Since you have bought the software (freely downloaded software might be a bit more complicated), you arguably have the right to run it - and that includes running it on Sundays or without pants.

      Of course if there's a technical restriction that actually stops you from running it on Sundays or without pants on, recent legal developments have made it possible that circumventing that could be illegal.

    3. Re:How far can licenses go by naoursla · · Score: 1

      In the case of the camera enabled XBox Live service, Microsoft requires that there be no evidence of a cusomter using the service while wearing no pants.

    4. Re:How far can licenses go by Catharsis · · Score: 1
      Well, they can go as far as you want, more or less. Enforceability is another matter. For a particularly interesting license here is GlovePIE, a "programmable input emulator" originally designed for the P5 glove.

      Programmable Input Emulator (PIE)
      Version 0.29 (4 January 2007)
      Copyright (c) Carl Kenner 2004-2007

      Control games and applications any way you want.
      Send fake keyboard keys, jostick actions, mouse moves, midi input or speech input to any program.
      Use a VR Glove, Wiimote, a keyboard, joysticks, mice or a microphone to control any program.

      This software is copyright (c) Carl Kenner, except for scripts by other authors.
      By using this software you agree to obey the following license conditions:

      * You can't make money using this software as part of a baseball simulation. This is for contractual reasons. But you can make as much money as you like using it for anything else.

      * You may not use this software directly or indirectly for any military purpose. This includes, but is not limited to, training, research and development, controlling military hardware, directing military personel, or troop entertainment. You may not use this software anywhere on a military base or vessel. This applies to all versions of PIE.

      * You may not export this software to Israel, or use it in Israel (including the occupied territories), until Israel has ended its occupation of the West Bank, Gaza Strip, Lebanon, Syria, and anywhere else it may occupy. If you try to run it in Israel it will give you an error.

      * Missionaries may not use this software. It may not be used for any missionary purpose. Or any other genocidal purpose.

      * You may not use this software to cheat at online or multiplayer games. What constitutes cheating depends on the game and the server. Just using a different input device shouldn't be considered cheating, but complex scripted actions to make things easier may be considered cheating. Don't get GlovePIE banned, or you will hurt everyone who wants to play with a VR glove. But feel free to cheat at single player!



      Would it stand up in a court of law? I don't know. It's an interesting message, at any rate. I commend the author for having morals and making a stand. There are far too many baseball simulations in this world, anyway.
      --

      "The wise man proportions his belief to the evidence." -- David Hume

    5. Re:How far can licenses go by R2.0 · · Score: 1

      I would disagree that it doesn't come under contract law - a software license agreement IS a contract. Money would be exchanged, and something of value - the right to use a copy of the software with certain conditions - was granted. Prior to the advent of consumer software, this was not a problem - IBM's legal department would hash out an agreement with Company X's lawyers, and a piece of paper would be signed by persons having authority to commit their organizations. But this doesn't happen with consumer software. I think their status is ambiguous at best.

      If consumer licenses ever really get tested in court, I think they won't be ruled invalid as a whole, but various portions will be voided under #1 and #2.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    6. Re:How far can licenses go by SLi · · Score: 1

      A license agreement is a contract, that's right. But a license agreement is a contract which gives the licensee a license to use the product. Most licenses get transferred without an explicit licensing agreement.

    7. Re:How far can licenses go by deblau · · Score: 1

      Copyright law is crystal clear: in the absence of a license, you can't do a damn thing. The terms are take-or-leave. If you don't like the terms, you are always free to suck it up and use something else. No need for lawsuits or acrimonious emails. Just Say No. If you can't use something else, then build it. If you can't build it or buy it, then maybe you should consider another business model.

      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
  11. Step two: by Anonymous Coward · · Score: 0

    Now all you have to do is to point to the exact terms that he's in violation of.

  12. If it isn't clear enough already... by Anonymous Coward · · Score: 0

    You have no "right" to do anything in conjunction with any large, lawsuit-happy software company's product, if you're not going to make enough money off of it to defend yourself against baseless lawsuits (whenever your project goes against corporate strategy, yes very often against their strategy of planned obsolesense or feature-reduced - here, "express" - product versions).

    This is why more and more non-commercial third-party software gets released only for open platforms. It would be trivial to port many, many FLOSS projects to the Windows world, since many of them have almost no kernel hooks, use little to none of the API's that software on top of the kernel (such as KDE), provide, and in fact often have been written in a platform-independent and modular way from day 1. But time and again you see only someone completely unassociated with the project be the only one to provide windows binaries, which the maintainers of the project then proceed to link to. Now you see why.

  13. Said the same thing at the same time by palladiate · · Score: 1

    I said the same thing too. Reading that response just said to me "we don't like what he did, we didn't plan for it, but since we're a bigger company, he needs to show respect and stop."

    When has Microsoft ever played by that rule? Microsoft did to IBM and Apple what Jamie did to Microsoft- find a method to extend and exploit the functionality of someone else's product. Nobody can produce the EULA language that shows a breach, only vague references to "but that'll hurt our business plan!" It's sad that no mind at Microsoft can conceive of a compelling argument why Jamie is wrong.

  14. "3 letters received from Microsoft lawyers" by Zukix · · Score: 4, Funny

    Hmm, I know where the MS lawyers found them too. They stole the following: "Jamie Cansdale released a free addin to Visual Studio back in 2004 to help developers build unit tests. His only problem was, he enabled his addin for all versions of VS - including the Express addition which isn't supposed to support addins. After over a year of trying to talk with Microsoft and understand how and why he was in violation of their license agreement, during which they would never explain specifically which clause in the license was being violated, they sent the lawyers after him and pulled his MVP status. To top it all off, Jamie is actually a Java developer by day, his addin was originally developed just as a hobby project. A full account is available on his blog, including all email correspondence he had with Microsoft and the now 3 letters received from Microsoft lawyers. The lead product manager for Visual Studio Express has responded to Jamie's posts."

    1. Re:"3 letters received from Microsoft lawyers" by Anonymous Coward · · Score: 0

      they also took issue with his assertion that VS increased the FLOPS rating of a computer and asked that he change "Express addition" to "Express Edition"

  15. BFD? by mugnyte · · Score: 1


      I use these tools daily.

      Kind in mind: This argument is about the integration of a well-known tool into Studio, not it's use altogether. One can use these tools with Express via their independent UI's. MS is merely trying to keep the floodgates closed on the Express version because it's in their profitable pocket to sell that "integration" feature. There are quite a few tools to cram into Studio, not all good IMO. For the "folks at home" cracking out Express, good for you, but learn to use all the individual tools separately, not the integrated versions, the skills will transfer to other toolsets much more easily.

      If you work in the industry, you usually get an MSDN membership ships all MS's top products (either partially or fully paid by your employer). If you don't, you may not really be in the MS development world - almost everything they ship has licensing costs. It's just part of their development world. (I'm avoiding the FOSS discussion here).

      Personally, I purposefully dislike add-ins to Studio, as the bloat turns it into an all-in-one behemoth that (like Office) scares me.

  16. Somebody's lying... by Assmasher · · Score: 2, Interesting

    From the Express lead's blog:

    "As for Jamie, we've been asking him in multiple emails and conference calls to stop extending (just Express) since before Visual Studio 2005 even shipped. We even got the General Manager of Visual Studio to personally talk to him on the phone to plead with him to remove Express extensibility. Closely following that, Jamie took the violations to heart and removed Visual Studio Express extensibility for several months. Only recently did he decide to add Express support back to TestDriven.NET and only after another round of conversations and close to two years of trying to avoid escalating this situation, we felt compelled to deliver our message in a different form."

    Something's rotten in the state of Denmark...

    --
    Loading...
  17. Convenient translation of Fernandez' response by drinkypoo · · Score: 5, Insightful

    However, Jamie has also made available a version of his product that extends the Visual Studio Express Editions which is a direct violation of both the EULA and "ethos" of the Express product line.

    Translation: "Jamie is interfering with our attempt to devalue various Free Software tools."

    It was a small miracle getting Express to be available both for free and for commercial use for customers

    Translation: "Microsoft legal doesn't understand the value of giving away software"

    let alone the engineering work to get it up and running

    Translation: "Our code base is such an encumbered mess that disabling features was an arduous task."

    We made a business decision to not allow 3rd party extensibility in Express. The reason we're able to offer Express for free and even let developers build commercial applications with Express is because we limit 3rd party extensibility of Express, specifically by removing support macros, add-ins, and VSIP packages.

    Translation: "The only way people will buy our crap is if the one feature they need can't be had for free, and their whole product is already implemented using our IDE, making it harder to switch to some other product, perhaps a Free one."

    Unfortunately, in this one instance, we have one company that chose to exceed the license grant and develop additional features into the Express products that are not allowed. Additionally we have over 300 VSIP partners with over 1,000 legal Visual Studio extensions that cannot extend Express.

    Translation: "We decided upon a truly stupid licensing model, and now our customers who paid good money to be able to create extensions are pissed off that we did a shitty job of preventing unlicensed ones from working on a free product."

    It doesn't make business sense when our biggest and best partners are legally unable to extend Express, yet Jamie's company can.

    (No translation needed - it just doesn't make sense! If the extension fits, you must acquit!)

    As for Jamie, we've been asking him in multiple emails and conference calls to stop extending (just Express) since before Visual Studio 2005 even shipped.

    Translation: "Yet almost every time, he has been logical and reasonable, instead of knuckling under."

    [snip]

    We even got the General Manager of Visual Studio to personally talk to him on the phone to plead with him to remove Express extensibility. Closely following that, Jamie took the violations to heart and removed Visual Studio Express extensibility for several months.

    Translation: "But we thought we had him nailed down when we threatened to sow his ground with salt, burn his houses, rape his cattle, and ride off on his women."

    Only recently did he decide to add Express support back to TestDriven.NET and only after another round of conversations and close to two years of trying to avoid escalating this situation, we felt compelled to deliver our message in a different form.

    Translation: "He finally came to his senses and just released the damned thing, so we decided to point more guns at him."

    The vast majority of our customer base, now with 14 million downloads, isn't even professional developers, its non-professionals.

    Translation: "Most people who download this software aren't pros who would pay for our software anyway. In spite of this, I'm so angry I forgot my apostrophe."

    In fact over 80% of Express registrants don't describe themselves as a "developer".

    "They're just people who needed a VS IDE to compile some jackass' project."

    From a total number perspective, beginners are the larg

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    1. Re:Convenient translation of Fernandez' response by RightSaidFred99 · · Score: 0, Flamebait

      Oh boy, the old "Translation: put whatever idiotic thing I want here" tactic. Good god, but you're boring.

    2. Re:Convenient translation of Fernandez' response by Sciros · · Score: 1

      Shame on moderators for giving Insightful to a post that basically defines what a Troll is. Is Microsoft hate really that popular? If their License Agreement says that addins aren't allowed for some software version, anyone making something for their software in good faith should indeed honor that agreement. So many folks are acting like MS is out of spite refusing some godly gift that makes their horrible software wonderful. I would hope people here had a more mature view than that.

      --
      I like basketball!!1!
    3. Re:Convenient translation of Fernandez' response by drinkypoo · · Score: 1

      Oh boy, the old "Translation: put whatever idiotic thing I want here" tactic. Good god, but you're boring.

      Who is more foolish, the fool, or the fool that follows him?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:Convenient translation of Fernandez' response by dobedobedew · · Score: 1

      Translation: "Most people who download this software aren't pros who would pay for our software anyway. In spite of this, I'm so angry I forgot my apostrophe."
      I almost ruined my keyboard when I read this. Thanks for the laugh.

    5. Re:Convenient translation of Fernandez' response by Deliveranc3 · · Score: 1

      We made a business decision to not allow 3rd party extensibility in Express. The reason we're able to offer Express for free and even let developers build commercial applications with Express is because we limit 3rd party extensibility of Express, specifically by removing support macros, add-ins, and VSIP packages.

      Translation: "The only way people will buy our crap is if the one feature they need can't be had for free, and their whole product is already implemented using our IDE, making it harder to switch to some other product, perhaps a Free one."

      Imagine if game companies launched demos and people built custom maps for them? People do it all the time anyway, I like demos and freeware (I know I can ALWAYS find a free tool for any minor task).

      I love piracy but at some point people need to be able to differentiate their product.

    6. Re:Convenient translation of Fernandez' response by drinkypoo · · Score: 1, Insightful

      I love piracy but at some point people need to be able to differentiate their product.

      I don't love piracy, but it's not at all clear that this is piracy.

      If I sell you a saw, I don't have the right to tell you that you can't use it to cut pipe. I might design the saw to make it impossible to cut pipe. I don't know how the hell you would do that - there must be some kind of pipe you could cut with almost any saw worth using for any purpose. Similarly, it's more or less impossible for them to make it impossible to extend their software, although they can make it more difficult.

      Another example, if I sell you a car, I can't tell you not to modify it. And in fact, the Magnuson-Moss warranty act won't even let you void the warranty if I use other parts, fluids, etc, so long as they meet published specifications.

      So why should software be different? Because they say so? Because the EULA, which is a shrinkwrap license, says so?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    7. Re:Convenient translation of Fernandez' response by MyLongNickName · · Score: 1

      Or the fool who follows the fool who was following another fool?

      --
      See my journal for slashdot ID's by year. Mine created in 2005. http://slashdot.org/journal/289875/slashdot-ids-by-year
    8. Re:Convenient translation of Fernandez' response by Red+Flayer · · Score: 1

      Or the fool who believes the fool who follows the fool's follower is not the first fool?

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    9. Re:Convenient translation of Fernandez' response by Red+Flayer · · Score: 1

      If I sell you a saw
      Well, what if I lent you my saw (in exchange for a fee) to cut down a tree? And then you went and added diamond teeth to it, then gave it to someone else to cut pipe with?

      Whether or not software licensing is a good thing, it is how a large portion of the software world works.

      See, the thing is, software isn't a material good. That alone provides a reason for why it should be handled differently than a car. Is the current system a good one? I don't think so, as there is too much room for abuse. However, the fact remains that software is inherently different than material goods.

      Because the EULA, which is a shrinkwrap license, says so?
      Hmm. Still working that angle? The Microsoft EULA for Visual Studio Express is not a shrinkwrap EULA -- one has the option of declining the license before completing installation. A shrinkwrap EULA is when the license isn't viewable before accepting the terms of the license. (E.g., install completes, then the EULA "By installing this software, you agree... blah blah blah" becomes readable.

      Please sir, can I have some more FUD?
      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    10. Re:Convenient translation of Fernandez' response by An+ominous+Cow+art · · Score: 1

      Oh boy, the old "Translation: put whatever idiotic thing I want here" tactic. Good god, but you're boring.

      Who is more foolish, the fool, or the fool that follows him?

      The fool on the hill, of course.

      But seriously, the GP post was quite good.

    11. Re:Convenient translation of Fernandez' response by SkipRosebaugh · · Score: 1

      It doesn't make business sense when our biggest and best partners are legally unable to extend Express, yet Jamie's company can.
      (No translation needed - it just doesn't make sense! If the extension fits, you must acquit!)
      No, I'm sorry, you missed something. This is more properly translated as follows:

      It doesn't make business sense when our biggest and best partners are legally unable to extend Express, yet Jamie's company can.
      "I am high as a kite."
    12. Re:Convenient translation of Fernandez' response by drinkypoo · · Score: 1

      Well, what if I lent you my saw (in exchange for a fee) to cut down a tree? And then you went and added diamond teeth to it, then gave it to someone else to cut pipe with?

      That is NOT at all analogous to what is happening here.

      Here is the proper comparison: What if I was giving away free tree-cutting saws, and I was using them as a demo for my pipe-cutting saw, and then someone else gave away free kits to turn my tree-cutting saws into pipe-cutting saws, and thereby reduced my revenue?

      The guy is NOT repeat NOT giving away your original saw. He is giving away a kit to modify your saw.

      Though actually, if you WERE giving away saws, then it WOULD be perfectly legal to not only modify your saw and give it to other people, but also to charge them for the privilege, and what's more, undercut you in the bargain! This is because of First Sale law. However, copyright law prevents you from doing that with software, so just as you must distribute patchsets against qmail and not modified versions thereof, you must distribute modifications to Microsoft's software, not modified versions thereof. There is both a legal and a logical difference, but in the saw example, both would be legal.

      Whether or not software licensing is a good thing, it is how a large portion of the software world works.

      In most cases, if you haven't signed a contract, there is no contract.

      A shrinkwrap EULA is when the license isn't viewable before accepting the terms of the license.

      BZZZZZZZZZT. WRONG! It's where you can't view the license before purchasing the product. I'm not sure how free-as-in-beer software is handled, but I can tell you that you don't need to agree to a license to download the product, which could be considered analogous to purchase.

      Please sir, can I have some more FUD?

      Sure, just visit anything ending in microsoft.com.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    13. Re:Convenient translation of Fernandez' response by Red+Flayer · · Score: 1

      What if I was giving away free tree-cutting saws, and I was using them as a demo for my pipe-cutting saw, and then someone else gave away free kits to turn my tree-cutting saws into pipe-cutting saws, and thereby reduced my revenue?
      Again, you're talking of material goods. Perhaps the distinction is still lost on you? At any rate, you're still missing the fact I agreed not to use a modified saw if the modification required surpassing limitations on the saw.

      BZZZZZZZZZT. WRONG! It's where you can't view the license before purchasing the product. I'm not sure how free-as-in-beer software is handled, but I can tell you that you don't need to agree to a license to download the product, which could be considered analogous to purchase.
      No, you've still got it wrong, despite your immature buzzer sound (note that those don't make you right, they just make you look more the fool for being wrong).

      The question is, when does the license go into effect? You'll note that typically it's the USE or INSTALLATION of a product that triggers the EULA, not the download. A shrinkwrap EULA is one where you cannot read the terms of the license until you've accepted the license, whether the license goes into effect at time of purchase or time of use.

      Go to wikipedia if you're still confused, it's spelled out very clearly. The term arises from when paper licenses were included in shrink-wrapped boxes, and not viewable until the shrinkwrap was removed (and the license stated it became valid when the shrinkwrapped was removed). Note that the purchase of the software has nothing to do with when the license goes into effect; it's the conflict between when the license is viewable and when the license goes into effect that causes legal problems.

      Go ahead. Research it, you'll find that you're incorrect. I'll give you a tasty hint, try looking up the Ninth Circuit Court of Appeals and their rulings on EULAs in 2005-6.

      The Visual Studio license expressly doesn't go into effect until after you've agreed to the terms; furthermore, you can refuse the license without the license already being in effect -- thus it is not a shrinkwrap EULA.

      Really, if you're going to discuss something, why not bother learning the definitions of the terms you're using?
      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    14. Re:Convenient translation of Fernandez' response by drinkypoo · · Score: 1

      Go to wikipedia if you're still confused, it's spelled out very clearly.

      Interestingly, that is where I went to get my definition: "Shrink wrap contracts are license agreements or other terms and conditions of a (putatively) contractual nature which can only be read and accepted by the consumer after opening the product."(1)

      (1) "Shrink wrap contract." Wikipedia, The Free Encyclopedia. 21 Feb 2007, 00:30 UTC. Wikimedia Foundation, Inc. 1 Jun 2007 <http://en.wikipedia.org/w/index.php?title=Shrink_ wrap_contract&oldid=109691677>.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    15. Re:Convenient translation of Fernandez' response by Red+Flayer · · Score: 1

      To purchase != to open, which is where you were getting hung up before.

      The legal distinction is that the consumer has no redress if they do not want to accept the license agreement for a shrinkwrap license, which is why shrinkwrap EULAs are typically invalid -- they require acceptance of the license in order to read them. Note that even with the original "shrinkwrap" license, one could return the software unopened; it was opening that triggered the license.

      The Visual Studios UELA is a clickwrap license, not a shrinkwrap license. Once can choose not to install the product if one does not like the license, and if so, the license never goes into effect.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  18. Use the correct phrase please by spun · · Score: 2, Insightful

    I think the correct phrase here is, "English, motherfucker. Do you speak it?"

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  19. What the...? by mcmonkey · · Score: 3, Insightful

    What's going on here? What is MS using the EULA to tell users they can't use functionality that MS developers put into the software?

    Is there a reason they can't just take out (or never put in) the feature of VS Express they don't want anyone to use?

    ObBadAutoAnalogy: Rather than post speed limits, why not pass a law that cars coming off the assembly line must be restricted to 55 mph? (I told you it was a bad analogy.)

    But seriously, the VS Express guy makes it sound like this is some stand alone project. If that is so, why does it do these things they explicitly don't want it to do? My guess is, VS Express is 99% the same code as VS Super Premium, with that 1% being switches to turn off the stuff MS wants you to pay for.

    It sounds like the daily wear/long wear contact lense hub bub from a few years back. In that case, the company sold cheap daily wear contact lenses. The directions were to wear for one week then throw them away. They also sold more expensive long term lenses with directions to remove and clean each night.

    Turned out, the only difference was the directions. You could buy the cheap lenses and just use and clean them as you would the expensive lenses.

    I say, if you don't want people getting expensive contact lenses for a cheap price, don't put a cheap price on your expensive lenses. If you don't want people overclocking your CPUs, don't underclock faster CPUs. And if you don't want people developing extensions for the free express edition, don't release the extensible version wrapped in the express version EULA.

    1. Re:What the...? by RobertLTux · · Score: 1

      on the whole "underclocking faster processors" thing the truth is when they do the Q&A on a batch of chips they will often sell some of the chips as X gigahertz some of them as 90%X chips some as 80%X chips and on down the line the way they do this is during testing they may find a chip that chokes at one speed but if you bin it down a notch it works fine. So you may be able to overclock a chip because it is actually a higher speed chip (just "stability impaired") but you have every right as Intel/AMD to not service the chip if it got smoked due to being run at the higher speed (or being put in a box with cooling that had more bling than fling).

      --
      Any person using FTFY or editing my postings agrees to a US$50.00 charge
    2. Re:What the...? by LaminatorX · · Score: 1

      They like to consider those features "off-limits."

    3. Re:What the...? by mcmonkey · · Score: 1

      Actually I was think of the late 90s when Intel was under-clocking Celerons in response to cheap CPUs from AMD.

      To compete on price, and short of shifting manufacturing to produce cheaper chips, Intel had two choices: drop the price of 500 MHz chips to compete with AMD's 300 MHz offerings (and there by devalue their whole product line--if the 500 is worth less, then that affects the price they can get for the 750, and so on), or add a new bottom tier to the product line--a 500 chip labeled and priced as a 300.

      It gave Intel a low end product line for the investment of new labels as opposed to the expense of dedicating (or building new) actual manufacturing capacity.

      Running a CPU faster than it was designed to run is one thing, but for a time you could get a pretty good performance boost overclocking Celerons from the labeled MHz _to_ the speed it was designed for.

      In this case, I doubt MS has actually devoted resources to developing a VS Express. They just don't want too many people to figure out you can get (most/all of) the VS Super Deluxe code for the VS Express price. They don't want this guy showing people how to overclock VS Express.

  20. TestDriven clearly violates the license .. by rs232 · · Score: 2, Informative

    "they would never explain specifically which clause in the license was being violate"

    It's a classic example of the differences between the Open Source and the closed sourced licensing model. I think it's perfectly clear, they provide a limited version of the product for free, the license forbids extending the functionality of Express. TestDriven extends the functionality, therefore it violates the license:

    'You may not work around any technical limitations in the software'

    --
    davecb5620@gmail.com
    1. Re:TestDriven clearly violates the license .. by mpoulton · · Score: 4, Insightful

      It's a classic example of the differences between the Open Source and the closed sourced licensing model. I think it's perfectly clear, they provide a limited version of the product for free, the license forbids extending the functionality of Express. TestDriven extends the functionality, therefore it violates the license: 'You may not work around any technical limitations in the software'


      You just clearly stated the very reason why his software is NOT in violation. The intent that the writer of the EULA was probably trying to achieve was to prevent extension. However, the developers failed to actually disable the extension functionality. There is no "technical limitation" to work around here. The "limitations" that prevent the use of extensions are not technical ones, they are simply documentational - Microsoft claims that extensions don't work on Express, so people believe them and don't try to extend it. This guy discovered that it atually works just fine. So, where's the "workaround" of "technical limitations"? Microsoft intentionally wrote the extension functionality into the software, and failed to disable it. He's just using their feature as designed.
      --
      I am a geek attorney, but not your geek attorney unless you've already retained me. This is not legal advice.
    2. Re:TestDriven clearly violates the license .. by Anonymous Coward · · Score: 0

      Define "disable". Extensions in express can't be added the same way they are in other VS products. You have to do something extra beyond what is documented for other versions of VS to enable extensions in express.

    3. Re:TestDriven clearly violates the license .. by rs232 · · Score: 1

      "the developers failed to actually disable the extension functionality. There is no "technical limitation" to work around here", mpoulton

      "Microsoft intentionally wrote the extension functionality into the software, and failed to disable it", mpoulton

      'Define "disable" .."

      Ok I'll try and answer you both. I am not familiar enough with the innards of Visual DOT what ever it is, to comment on how his plug-in works and I assume that as you say, MS only hid the functionality and TestDriven figured out a way round this.

      What's clear is that MS gave away the free version hoping that people who wanted the extra functionality would PAY for the full version. Ok, he has taken Express added value and is making money out of it. That is clearly against the spirit of the license. Whether MS lawyers weren't clear on the point is another matter.

      What would TestDriven think if they were giving away a free limited version of an application hoping to make money out if the full one and I started selling an add-on that promoted it to the full version. I'm no fan of MS, but in this case TestDriven is being disingenuous when they say they can't understand why MS is miffed.

      --
      davecb5620@gmail.com
    4. Re:TestDriven clearly violates the license .. by lawpoop · · Score: 2, Insightful

      But Jamie didn't develop TestDriven with Express; he used the full version. He may never had touched the Express version. He never violated Express' license in the course of developing TestDriven -- how could he? He never used it.

      However, a user of Express gets access to features they're not supposed to when they fire up TestDriven. That would place any blame on the Express User, not Jamie, right?

      Sort of like, it's okay to write a program that's a maphack for WOW, if you never use WOW software when you do it. However, the player who actually uses the maphack is in violation of the agreement with Blizzard.

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    5. Re:TestDriven clearly violates the license .. by Altus · · Score: 2, Interesting


      OK, so lets say that you are correct about the technical limitation (I have no idea if you are or not). If that is the case, then MAYBE, using TestDrive.NET with Express is a violation of the EULA.

      But the writing of TestDrive.NET was likely done on the full version of Visual Studio. So the developers probably did not violate the EULA. At best MS has a case that END USERS (the ones bound by End User Licencing Agreements) who use a plugin (any plug in, not just this one) with Express, are violating the terms of the EULA. Given that, Microsoft should be going after those users and not after a development company that has simply written a tool for the pro version of the software. The fact that end users can hack the free version to use that tool as well is no concern of the original plugin developer.

      Even if he distributes instructions on how to preform this hack Im not sure they have a case against him. He isn't bound by the EULA of software he doesn't use and the information is probably protected in the same way that lock picking guides and cable de-scrambler schematics are.

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    6. Re:TestDriven clearly violates the license .. by Abcd1234 · · Score: 1

      OK, so lets say that you are correct about the technical limitation (I have no idea if you are or not). If that is the case, then MAYBE, using TestDrive.NET with Express is a violation of the EULA.

      'fraid not. Right on the developer's website, it says:

      "In fact I developed the whole of TestDriven.NET 1.0 using C# Express, MSBuild and WiX (as described in this post)."

    7. Re:TestDriven clearly violates the license .. by mpoulton · · Score: 1

      Your responses definitely parallel the reasoning in the MS guy's letters, and are potentially valid from a moral perspective (though that's highly debatable). However, going against the "spirit of the license" is not the slightest bit illegal. US law holds a doctrine known as contra proferentum whereby any ambiguity in a contract is to be interpreted against the writer. In other words, if you write a EULA for your product and fail to explicitly prohibit a particular act, but your intent was to prohibit it, you are out of luck. It is assumed that the writers of contracts are skilled legal thinkers and writers who know what they want to do and how to accomplish it. Consequently, if the exact wording of the agreement ends up not accomplishing what the writer intended there is no recourse. Sliding through on a technical oversight by the writer of the EULA is perfectly acceptable and will stand up in court every time. Fundamentally, the question the court will ask is "if you specifically didn't want people to use extensions, why didn't you explicitly prohibit it in the EULA?" That's a tough question to explain to the court, since "we didn't think of it like that until they did it" is the worst possible answer to give.

      --
      I am a geek attorney, but not your geek attorney unless you've already retained me. This is not legal advice.
    8. Re:TestDriven clearly violates the license .. by Altus · · Score: 1


      Even at that im not sure its a violation. Since you can use Express to develop commercial applications. I would think you could use it to develop a plug in for VS. It seems to me that if anyone is breaking the EULA its the people who are actually going through the steps to make the plug in work in Express.

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

  21. Someone on his blog put it best... by BinarySkies · · Score: 1

    "This seems like a Xeros machine kind of case. Technically you have never installed nor accepted VS Express EULA so I'm not sure how you could be violating something you never agreed to" [weblogs.asp.net - "Microsoft vs TestDriven.NET - 31 May 2007"]

    This is a very true point -- unless he explicitly installed every Express application and agreed to their specific EULAs, he really isn't breaking any sort of law. I feel like, as with the recent Linux patent fiasco, Microsoft is seriously reaching here to try to prove that any F/OSS, or even non-MS developer is working against them for whatever reason. Also, the fact that MS is making sure they hold all the cards by not disclosing what clause is being violated until several months after their initial claim seems fishy to me. I feel as if them threatening legal action without disclosing something like that could be considered barratery of some sort.

    In addition, the fact that all those EULAs include clauses about it being illegal to work around the technical limitations of software is total bull. At that point, we're talking about a very real and terrifying situation... having Secunia and CERN be made illegal simply because they publish vulnerabilities. If this clause held, it means that Microsoft can essentially pull a lawsuit against even people who are trying to help them fix whatever bug is present in their software.

    This seems very much like the beginning of the end for MS-- they stoop lower and lower each day, IMHO.

  22. What? by spun · · Score: 1

    He calls TestDriven.NET "illegal" quite a bit. He knows enough about law to know it is illegal, but not enough to know why? That makes no sense.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  23. Isn't this the company that VALUES the community? by Valacosa · · Score: 1

    DEVELOPERS DEVELOPERS DEVELOPERS DEVEL....nevermind.

    (And now, for your pleasure, some filler text to get by the lameness filter. Apparently Slashdot doesn't like it when you post a response mostly in caps.)

    --
    "Live as if you'll die tomorrow." Ridiculous. You could die later today.
  24. So.. by u0berdev · · Score: 2, Insightful

    if Third-Party extensions are "not allowed" in the Express editions, why then do they have the capability to be loaded? You would think that Microsoft would code something into the extensions loader that would check whether or not its a Microsoft official extension or not. Wouldn't that have prevented this in the first place?

    -Ryan

  25. not to be all nice to microsoft, but-sword play. by Anonymous Coward · · Score: 0

    "It matters where they said 'no addins' though. There's a difference between a bullet point in a product comparison table and a clause in the EULA. Where the problem lies is Microsoft has yet to point out the specific part in the EULA that forbids addins for Express, instead falling on the spirit in which the project was designed."

    Unless I misunderstand you? "Falling on the spirit", is something the GPL crowd does as well. e.g. The KDE/Apple situation, the Google/Tivo situation. Even though there was no "explicit" mention made, and everything was "to the letter".

  26. Embrace and Extend by maroberts · · Score: 1

    As I understand it Testdriven.net is a package which you pay for using a free Microsoft release as its core. Now if Microsoft had released the core package under the GPL, you would be able to hear the screams of a million users crying out in outrage at the perfidious actions of Testdriven.Net, plus vows to amend the GPL......

    --

    Donte Alistair Anderson Roberts - hi son!
    Karma: Chameleon

    1. Re:Embrace and Extend by NoOneInParticular · · Score: 1
      And instead we hear screams of the Microsofties about the perfidious actions of Testdriven.Net, using uncharacteristic words such as 'ethos' and 'intent', and probably a team of lawyers in the background amending the license terms as we speak.

      This time, we get to gloat.

  27. I Guess MS doesn't want beginners to learn... by Anonymous Coward · · Score: 0

    ... how to write clean code, and unit tests. Of course, this makes sense, it is MS we're talking about afterall. ;)

    They need to maintain a viable pool of new candidates!

  28. More details by Mateo_LeFou · · Score: 5, Interesting

    Digging into the email exchange I found Jamie saying:

    1) You said that by using Intellisense I may be in breach of the
    dissasembly clause in the VS SDK license.
    2) You said that by working out how to use an API by looking at the
    public type and method names I may be in breach of the reverse
    engineering clause in the VS SDK license.
    3) You said that by adding a button to the Express SKU interface I may
    be in breach of Microsoft's copyright.

    #3 is particularly funny

    --
    My turnips listen for the soft cry of your love
    1. Re:More details by maird · · Score: 1

      Particularly if you consider that surely must apply to every platform UI extension that adds extra decoration and features to the title bar, common dialogs, etc.

  29. Silly to judge without info... by CodeShark · · Score: 2, Insightful
    Forgive me for wading in without my jumbo hip waders, but it seems like with all of the /. usrs there ought to be an easy way to figure this out. Are there any users out there with a copy of the EULA that we could all look at and analyze

    Because on the one hand if the developer is actually violating something he agreed to (barring the discussion about how much of the fine print in a click through EULA can actually be enforced in court...) then there's not a lot of wiggle romm. If ton the other hand this is just M$ being jerks -- like it looks like they are being -- then maybe the EFF ought to take a look at protecting this developer from big-time bullying.

    --
    ...Open Source isn't the only answer -- but it's almost always a better value than the alternatives...
  30. Allowed... by alyawn · · Score: 1

    I'm sorry but if extension is not "allowed" by license, then why is it "allowed" by the software? Seems if they (M$) cared so much about others not being able to extend VS Express, then they would have removed the extension API from the app.

  31. If Express isn't designed to be extensible.. by rob1980 · · Score: 2, Interesting

    How did this guy pull it off? The e-mails make it look like removing support for Express was a matter of flipping a switch. Did Microsoft seriously just cut and paste Visual Studio 2005 into 5 different language-specific projects and call those the express editions or something?

    1. Re:If Express isn't designed to be extensible.. by Anonymous Coward · · Score: 0

      Did Microsoft seriously just cut and paste [code]...

      This is SOP in the MS development world. Copy, Paste, Compile. Type "." and pick whichever one sounds the best. Who needs to know how to actually program!!

    2. Re:If Express isn't designed to be extensible.. by simong · · Score: 2, Informative

      Probably. It goes back at least to the difference between NT4 Workstation and Server, which was a single line in the registry plus verification from the running licence. If that line was removed, the OS would check to see if it had a server licence. If it didn't, it reinstated the line. Product distribution is dependent on the license rather than the binaries that are distributed.

  32. Can't Microsoft stop this with the next release? by Maximum+Prophet · · Score: 4, Insightful

    In the past, when Microsoft didn't want something to work, like say, Lotus 123, they would release an upgrade that would run all their stuff, but not Lotus 123.

    What's stopping them from doing the same here? Can't they just release a new upgraded version of Visual Studio Express that won't run his stuff?

    --
    All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
  33. why not?-Selling OSS services. by Anonymous Coward · · Score: 0

    "Read "ethos" as "business case". MS is using http://en.wikipedia.org/wiki/Market_segmentation [wikipedia.org]. The Express products are a http://en.wikipedia.org/wiki/Gateway_drug [wikipedia.org] to piss you off enough to pony up enough money for the real deal."

    Funny you would make that argument. OSS does the same thing with it's "issues" which one hopes "pisses you off" enough to hire some geek to fix (read: sell you services instead of software).

    "Test Driven Development is not, itself, a bad thing, but if Too Many People glommed onto the underlying technology, and a culture of freedom of expression broke out, well...let us leave the unspeakable unspoken."

    It's a damn IDE! Nothing more, nothing less.

    1. Re:why not?-Selling OSS services. by smittyoneeach · · Score: 1

      It's a damn IDE! Nothing more, nothing less.
      Were it so innocent, would it have motivated this rant from Someone Who Should Know?
      http://www.charlespetzold.com/etc/DoesVisualStudio RotTheMind.html
      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
  34. Do you REALLY read the MS Response? by Frosty+Piss · · Score: 0

    The MS project manager goes on about working with Jamie to clear up the Express situation, but doesn't explain their reasoning beyond calling what he did "illegal."

    Yes he does. He makes it clear that add-on functionality is something you get when you buy the Professional version. The FREE version is, like many free versions on many other applications, a "taste" of what you can expect with the full version. If this wasn't Microsoft, this wouldn't be an issue here.

    First, that's not the way to treat your community. Either explain to him and to us exactly what he did that was wrong, beyond the vague wording at the beginning of not being in the "spirit" of Express editions. Second, when can Microsoft unilaterally declare breach of contract "illegal?"

    Did you even read Dan Fernandez's blog? He makes it clear: It is contrary to the license, most users aren't asking for it, and Microsoft, a commercial software company, has made a business decision to require users to upgrade to the full version for this functionality. You see, Palladiate, Microsoft sells software.

    --
    If you want news from today, you have to come back tomorrow.
    1. Re:Do you REALLY read the MS Response? by bobKali · · Score: 1

      He does make it clear that the add-ons are for the professional versions only, but HE DOES NOT cite either the US statute or the EULA clause prohibiting the development of add-ons for Express versions. Just a bunch of hot air as far as I can see.

    2. Re:Do you REALLY read the MS Response? by nanosquid · · Score: 1

      He makes it clear: It is contrary to the license,

      He doesn't make that clear at all. He claims that it is contrary to the license, but he fails to explain which license term it actually is supposed to violate.

    3. Re:Do you REALLY read the MS Response? by ravenshrike · · Score: 1

      He makes it clear: It is contrary to the license, most users aren't asking for it, and Microsoft, a commercial software company, has made a business decision to require users to upgrade to the full version for this functionality. Two of those are utterly irrelevant to something's legality. The third is debatable on two fronts, both on whether he actually violated said clause, and off the top of my head I can think of one or two arguments that say he didn't, and, perhaps more important in the long run, whether EULAs are actually fully binding contracts. They could be, but given that there hasn't been a supreme court ruling on the issue, it's far from set in stone.
  35. Unbelievable by Anonymous Coward · · Score: 0

    They don't want you to extend the express version as it violates there terms and will drive profit away from the "real" products.

    But Come on, MS are giving you basically VS.NET 2005 for free with a express edition. A lot of time and effort went into it. All you people complaining about MS protecting their own product should realize that they don't have to give out Express. It's not your right to have the software, they license YOU to use it.

    If someone was violating the GPL everyone would be up in arms.

    Jamie knows he shouldn't be doing it as he has taken the code down and then re-published it. I would argue that he has purposely created this situation to promote his work/self.

    He is clearly on the make...

    1. Re:Unbelievable by Ash-Fox · · Score: 0, Redundant

      It's not your right to have the software, they license YOU to use it.
      So, which part of the license says that he can't make addins for Visual Studio express?
      --
      Change is certain; progress is not obligatory.
    2. Re:Unbelievable by someone1234 · · Score: 1

      You are right. Developers shouldn't waste their time on extending .NET either. If someone extends a GPL software, everyone would be happy. Except M$. M$ is never happy.

      --
      Patents Drive Free Software as Hurricanes Drive Construction Industry
    3. Re:Unbelievable by Anonymous Coward · · Score: 0

      Your an idiot!

  36. "New" Extension by Anonymous Coward · · Score: 0

    If anything, this will at least get a lot of people to know this particular extension (which I didnt know)

  37. Making the deve community a better place... by OldManCoyote · · Score: 1

    Regardless on their philosophy, it just shows what Microsoft is all about - showing what little regard they have for the development community and beating up on the small guy, who's not even making any money off it, trying to make the development community a better place to be...

    1. Re:Making the deve community a better place... by Anonymous Coward · · Score: 1, Insightful

      If by "beating up the small guy" you mean "trying to work with him for over a year to bring him into compliance with their license", sure, Microsoft was really rough on him ...

    2. Re:Making the deve community a better place... by NoOneInParticular · · Score: 1
      Hmm, after reading the email discussion, the 'trying to work with him for over a year', went something like this:

      MS: You should remove the code for Express, as its illegal
      TD: Okay, done. Please clarify what it was that was illegal
      MS: Not telling you
      TD: Please? I need to tell my customers why they can't have it
      MS: Just tell them you did something illegal
      TD: Sure I would, but can you tell me what it is that I did?
      MS: Well, it's somewhere over there in section X in the EULA, but I'm not a lawyer, so I can't give any definite hints to what you did. It's illegal, that's just the way it is
      TD: Okay, I went with my lawyer over the EULA, and he says I didn't do anything illegal
      MS: But you did. I'm not a lawyer, but I know it's illegal
      TD: Come on guys, be reasonable, not even a vague hint?
      MS: no
      TD: pretty please?
      MS: no
      TD: Okay, that's it, I've had it. I'm re-enabling this feature
      MS: You can't do that!
      TD: Why the hell not?
      MS: Because it's illigal!
      TD: Where does it say that it is illegal?
      MS: We've told you countless times exactly where you violate the license. Now be a nice puppy and remove the code
      TD: No! Not unless you tell me where I violate the license!
      MS: We'll get our lawyer's on it. Prepare to die

      A fine example of microsoft cooperation.

    3. Re:Making the deve community a better place... by si618 · · Score: 1

      Actually, he is making money, I know because I got our boss to fork out for the enterprise version of TestDriven.NET.

      We were using the free version (in VS 2005) and although I prefer FOSS tools where possible (we also use NUnit, NAnt, NCover, NCoverExplorer, CCNet, SVN & TSVN) TestDriven.NET is worth the price.

      --
      Sometimes I doubt your commitment to Sparkle Motion
  38. Convenient translation of Drinkypoo's response by Red+Flayer · · Score: 1
    I hate proprietary software. Anyone who doesn't share my views on free software is an ass. Anyone who disagrees with me is obviously talking out two sides of their mouth, so I'll just go ahead and substitute words to make it seem like they are as much of a troll as I am.

    Seriously, I've never see someone so completely reword someone else's words into flamebait, just so they could then flame them.

    I don't know, but given the choice between never having visual studio released and having to hear people bitch, moan, and complain about how someone is providing people the option to extend software which they downloaded, I would chose (sic) to have you stick that code up your ass sideways.
    Nice going there. Good to see that you're keeping up the juvenile flame levels, I was concerned that discourse on Slashdot was getting too mature.
    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    1. Re:Convenient translation of Drinkypoo's response by drinkypoo · · Score: 0, Flamebait

      Seriously, I've never see someone so completely reword someone else's words into flamebait, just so they could then flame them.

      See, I'm trying to help people like you who can't understand the motivation behind the message.

      Do you think that because this guy knows how to write computer programs that he can't lie to you?

      Perhaps you think that because he belongs to a MAJOR CORPORATION (ooh, shiny!) that he must be telling the truth?

      Perhaps you are conveniently ignoring Microsoft's long history of shenanigans and their announcement/admission that Open Source and Free Software are collectively their biggest threat and thus their most important enemy? This, by the way, has come out many times. And in the Halloween documents it was conclusively revealed that they are not above using dirty tricks to accomplish their goals.

      Nice going there. Good to see that you're keeping up the juvenile flame levels, I was concerned that discourse on Slashdot was getting too mature.

      Your disingenuous interpretation of both my comment and the situation at hand are more childish than if I were to refer to you as a poopy-head in every other sentence of my comment. You, sir, are a hypocrite, and I am not impressed.

      Nonetheless, I have responded to your comment anyway (far more than you deserve) lest someone else read it and think you have a point.

      Believing what the minions of Microsoft have said to you after the approval of the legal department is nothing short of idiotic. I bet you believe their marketing literature, too.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Convenient translation of Drinkypoo's response by Red+Flayer · · Score: 1

      See, I'm trying to help people like you who can't understand the motivation behind the message.
      You assume I don't understand the motivation. I do. What I don't uderstand is why you feel it necessary to 'translate' his comments in such a ridiculous manner, rather than addressing what you point out. It's almost like, I don't know, you need to flame MS every time you come across anything having to do with them -- that it makes you feel good, or that you know it'll be rewarded.

      Your arguments would carry a lot more weight with "people like me" if they were actually intelligent.

      Your disingenuous interpretation of both my comment and the situation at hand
      Disingenuous? Really? How so? I meant nothing other than exactly what I wrote, with no other meaning intended. Maybe you'd like to look up what disingenuos means, since obviously you use a different meaning than the rest of the world.

      As for interpretation of the situation at hand, I made none. I simply made an observation of how you chose to post, the situation at hand has very little to do with the fact that you chose to 'translate' Fernandez's words for effect, rather than for truth.

      You, sir, are a hypocrite, and I am not impressed.
      Good for you, as I'm most assuredly not impressed by your hypocracy either. You can make judgment calls based on your imaginary constructs all you like.

      One of your problems is that you assume that what you think reflects reality. Over and over again, you make baseless assumptions about people, and feel the need to attack them. For example, you believe that because I disagree with your methods, I agree with or support Microsoft. I don't know why you have such a chip on your shoulder, but I'd assume it has something to do with your childhood. Have you been seeing a psychologist? It might help you cope better with whatever issues you're dealing with.
      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    3. Re:Convenient translation of Drinkypoo's response by soapy2000 · · Score: 1

      Well, I'd flag this as a troll, since you don't seem to have even read the rather long and careful explanations above. But I don't have any mod points. Truely a shame, as you are truely deserving.

      --
      If I knew then what I knew now, would I still feel this old?
  39. VS 2005 Express License by Organic+Brain+Damage · · Score: 1

    From the license:

    "9. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. For more information, see www.microsoft.com/licensing/userights. You may not
          work around any technical limitations in the software;
          reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
          make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
          publish the software for others to copy;
          rent, lease or lend the software; or
          use the software for commercial software hosting services."

    Maybe Microsoft is trying to say that he violates the "You may not work around any technical limitations in the software;" clause of the scope section?

    It seems clear to me, as a person running a for-profit software company, that free "express" versions of software must be limited in some way so that potential customers will pay for the "enterprise" or "professional" versions of the software.

    1. Re:VS 2005 Express License by Maximum+Prophet · · Score: 1

      Just writing any software using VS Express is working around "technical limitations". Any language is technically limited from doing much of anything useful until someone actually writes a program in it. Why is writting a plug-in for it any different than writing "Hello World?"

      If a language didn't have a sort routine built-in and you used it to write a sort routine, would you be guilty of working around "techinical limitations?" If program X is too slow written in VS Express and you find a way to make it run faster (perhaps by writing it in C ), have you worked around "techinical limitations?" Since when was this a bad thing?

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    2. Re:VS 2005 Express License by Organic+Brain+Damage · · Score: 1

      Why is writing a plug-in different from "hello world"?

      Well, a plug-in could, philosophically be viewed as the same thing as "hello world", but that's not a useful way to view "hello world" or plug-ins because a plug-in, like the unit test plug-in of the original post extends the function of Visual Studio in a way that might, if I could only get it in the professional version, compell me to upgrade from the freeware version.

      There's a game, Galactic Civ 2, that has a freeware demo where you can play 40 turns. If you want to play more than 40 turns, you have to pay for the game. Philosophically, this is what I think Microsoft is trying to do with their express product. In the past, they really screwed up with the free version of MSSQL, it was too capable and people didn't have a compelling reason to upgrade.

      Personally, I think the license should state their position on add-in software much more explicitly and they might lose a legal battle.

  40. The simple solution by the_arrow · · Score: 1

    Why go through all the hassle with this developer (and others that will undoubtly follow) with some (probably) vague writing in the EULA? Wouldn't the easiest solution to simply disable plugins in the actual program?
    Or do MS want to write plugins themselves, but not let anyone else do it?

    --
    / The Arrow
    "How lovely you are. So lovely in my straightjacket..." - Nny
    1. Re:The simple solution by Shados · · Score: 1

      Microsoft will actually give you just about everything you need, for a few bucks (like douzans of developer licenses, quite a bit more than MSDN would give, for a fraction of the price), for a few years, if you're registered as a company and tell em you want to make a tool on top of their technology (or well, any software meant to be published, shrink wrapped, etc), and that includes plugins, so I doubt thats the issue here.

  41. Not every limitation is fair by Anonymous Coward · · Score: 1, Insightful

    There is a difference between Microsoft and almost anybody else. Microsoft has a monopoly which was acquired and extended through criminal acts. When they set limitations on your use of their products, they are actually, in practice, setting limits on what you can do. You can't just go to the competition and act differently since there mostly isn't any competition. Microsoft is acting as if they are doing everybody a big favour by distributing a limited version of this software for free. What they are actually doing is stopping anyone else from coming out with a cheaper product which would compete with them on price. Given that; they should have no right to invade people's privacy and tell them what they should do with a product they have legally acquired.

  42. This is not the free we know about by obender · · Score: 0, Troll

    It was a small miracle getting Express to be available both for free and for commercial use for customers
    I would like to remind Fernandez in the unlikely case he reads slashdot that free means:
    • The freedom to run the program, for any purpose (freedom 0).
    • The freedom to study how the program works, and adapt it to your needs (freedom 1). Access to the source code is a precondition for this.
    • The freedom to redistribute copies so you can help your neighbor (freedom 2).
    • The freedom to improve the program, and release your improvements to the public, so that the whole community benefits (freedom 3). Access to the source code is a precondition for this.
    All MS has done was to let people make limited use of the software without paying.
    1. Re:This is not the free we know about by rob1980 · · Score: 1

      It's already well-established that Richard Stallman's definition of free does not line up with Bill Gates' (and therefore Dan Fernandez's) definition of free.

    2. Re:This is not the free we know about by Anonymous Coward · · Score: 0

      You forgot this one (from Merriam-Webster):

      10 : not costing or charging anything
    3. Re:This is not the free we know about by FreudianNightmare · · Score: 1

      I think he meant free as in Beer. Y'know, if your date doesn't want to go all the way, you can't badger them about it just cause that foxy GNU chick did...

      --
      'Speak softly and carry a beagle'
    4. Re:This is not the free we know about by RobertLTux · · Score: 1

      Okay I hereby propose a modest set of names to work out the differences in licenses

      Proprietary: No source Pay for use No distribution
      NonPayware: No source free for use No Distribution
      Broadcastware:No Source free for use distibution enabled
      Fungalware: No source no charge for use distribution enabled/required personal data required for use/monitoring subprograms
      Drugware: any program that causes your system to become infected/impaired (think Magic Mushroom ware)

      any source enabled program should classed according to which of the GNU or BSD type licenses it has

      if you think this is nifty please email with comments / bribes /insults /ect

      --
      Any person using FTFY or editing my postings agrees to a US$50.00 charge
  43. not to be all nice to microsoft, but-GPLv3 by Anonymous Coward · · Score: 0

    "You're mixing two different issues, however. The GPL is a license that (along with copyright) provide a legal framework that delineates what you can and cannot legally do. That is a legal issue. If you release your GPL project, and then find that someone is using your code to run a porn website (but is complying with the GPL), then you may claim that their usage is against the "ethos" of your project--but that still doesn't give you the legal right to prevent their use. You gave them a license to use the software, and that's what they are doing. You can be annoyed, but you cannot sue."

    Novell and Tivo.

  44. Thanks Microsoft! by anomalous+cohort · · Score: 1

    Thanks, Microsoft, for making this an issue. Had your lawyers not issued a C&D on this, /. most probably would not have posted this story and I would still not know about this cool add-in.

    I can see them removing support for MS Team System on the Express versions but nothing else. IANAL but I don't see how integrating NUnit support into the IDE is a violation of anything. If MSFT didn't want you to extend their IDE, then they should not have published the EnvDTE or Extensibility assemblies.

    My limited understanding of this area is that Team System still has some catching up to do before it can really compete with NUnit. MSFT should be grateful for TestDriven.NET because it fills a gap in VS.NET that comes standard with its competing IDE, Eclipse.

    Even if MSFT succeeded in destroying TestDriven.NET, it still wouldn't crush NUnit which comes with its own GUI that is easy to attach to (and, therefore debug) from within the VS.NET IDE.

  45. MS violated TD.NET's EULA? by A+Friendly+Troll · · Score: 2, Interesting

    According to TestDriven.NET's EULA,

    Except as expressly permitted in this Agreement, Licensee shall not, and shall not permit others to:
    ...
    (ii) reverse engineer, decompile, disassemble or otherwise reduce the Software to source code form;


    Now what did one of the emails from Microsoft say?

    Thank you for not registering your project extender during installation and turning off your hacks by default. It appears that by setting a registry key your hacks can still be enabled. When do you plan to remove the Visual Studio express hacks, including your addin activator, from your product.

    How did they find out about this, except from reverse engineering TD.NET?

    Also, if my product was continuously being called a hack, I'd be seriously pissed off. The MS guy is an asshole, full of himself.

  46. MOD PARENT WAY UP! Jamie violated NOTHING! by rubycodez · · Score: 3, Insightful

    Amazing that so people assume that Microsoft was correct in saying there was in fact a EULA violation, when the best they could come up with after a year was a poorly worded phrase in the EULA: You may not work around any technical limitations in the software. And that team leader wank at Microsoft Dan had no worthy arguments against what Jamie did either other than claim without proof that the EULA was violated, and that Jamie never acted correctly in response to their vague claim and beating around the bush, and that "Ethos" of project was violated. "Ethos" meaning "you did what I think was bad ; you must think like me", what a load of tripe. This is just more of Microsoft's current mode of threating customers without any real proof to back claims, same as the patent violation claims without patent numbers to back it up.

    1. Re:MOD PARENT WAY UP! Jamie violated NOTHING! by digitig · · Score: 1

      An important issue might be whether that clause is also in the EULA for the other editions. Although I have VS2003 pro, I can't work out which of the many EULAs I have applies to it (which is worrying!)

      --
      Quidnam Latine loqui modo coepi?
    2. Re:MOD PARENT WAY UP! Jamie violated NOTHING! by LaminatorX · · Score: 1

      Say what you will about National Socialism, at least it's an ethos.

  47. EULA = End User Licence Agreement by gilesjuk · · Score: 1

    Therefore surely it is the end user that is infringing not the developer of the plugin?

  48. Re:Editors? by Goaway · · Score: 2, Informative

    Slashdot "editors" do not "edit" submissions. This makes Slashdot "more real", according to CmdrTaco.

    http://slashdot.org/comments.pl?sid=174297&thresho ld=0&commentsort=0&mode=thread&pid=14502339#145024

  49. Shame on moderators? Shame on YOU by drinkypoo · · Score: 1

    Shame on moderators for giving Insightful to a post that basically defines what a Troll is.

    This post is not at all a troll. I am not saying things I don't believe in order to elicit a desired response. I am not trolling. Nor is it flamebait, because the intent behind my comment was not to piss people off, but to help bring a light into the darkness.

    Shame on you for trying to cause people to mod me down by mischaracterizing my comment. You are part of the problem.

    Is Microsoft hate really that popular?

    Is there any reason it shouldn't be? Conversely, can't you think of reasons that it should be?

    If not, you clearly haven't been paying attention.

    Microsoft built a monopoly based on illegal, anticompetitive practices, then persuaded to utilize that monopoly in order to allow them to make use of more illegal, anticompetitive practices.

    If their License Agreement says that addins aren't allowed for some software version, anyone making something for their software in good faith should indeed honor that agreement.

    Once someone has downloaded the product, you can't really stop them from modifying it. You might be able to stop them from distributing their modifications, and Microsoft is about to take that step with THIS modification. But is that really what customers want?

    The end result is that Microsoft is penalizing people for using Microsoft tools. No matter what else you say about it, this is stupid.

    If Microsoft wants people to use their tools, then they need to offer a compelling reason to do so. And what do they accomplish by these means? Only that they will stop people who want to write stable software from doing it with their free tools. This activity is nothing less than an attempt to set back computing in a vain attempt to secure profits. This is understandable, because they are a corporation, but don't pretend it's noble. It isn't.

    So many folks are acting like MS is out of spite refusing some godly gift that makes their horrible software wonderful. I would hope people here had a more mature view than that.

    Yes, we do. In actuality, Microsoft is out of stupidity refusing to permit some free gift that makes their mediocre software useful.

    I don't see what they are doing as wrong so much as stupid and incompetent. If they can only get people to purchase their product through these means, they're only going to chase more and more people away.

    But regardless, your asinine attempt to discredit me by incorrectly interpreting the motivation behind my comment (some might assume you did so deliberately) proves nothing about me, and many things about you; although it's hard to tell if it proves that you're an idiot or a liar.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    1. Re:Shame on moderators? Shame on YOU by Sciros · · Score: 1

      Wow, tone down the hostility there, bro. Your hatred for Microsoft is IRRELEVANT TO THIS ISSUE. Your comment was nothing but tired repetition of the usual anti-MS rhetoric I'm so used to seeing here, and ignored what this topic is actually about. I didn't mischaracterize your post in the least.

      MANY software companies will have free and commercial versions of their products, with corresponding restrictions spelled out in licence agreements. If someone writing extensions to software isn't responsible enough to read the licence agreement, that doesn't mean it isn't supposed to be honored. If such licenses aren't honored, the commercial software may lose its value in comparison, which is damaging to the software company. NOTE: Whether or not you like the software company is not the point, nor does it matter from a legal standpoint.

      Whether licence agreements used offensively in court hold up or not, that depends on a lot of things and is largely a case-by-case issue. It's also beside the point right now because Microsoft is only asking he remove Express support as per their EULA. How can they be any fairer than this?

      Your comment about "setting back computing" is strange to me. You imply that by only allowing addins to commercial versions of their software that MS is inhibiting progress in the field. You can't be serious.

      MS is NOT penalizing people for using MS tools. They have set restrictions for how their tools are to be used, and they are enforcing those restrictions. The same functionality that MS promises users downloading Express on their website is the functionality users have available to them. No tricks, no catches.

      It's not about "what customers want" all the time. "Customers" might want $100 Lamborghinis and cherries at $0.10 a pound. It doesn't mean they should get that. Just because people want to ignore the EULA of the software they got for free doesn't mean they're entitled to.

      MS has been delivering on what they are promising on the page you download Express from. As long as they continue to, I maintain that they will not "drive people away" as you suggest.

      And yes, I felt a need to "discredit" your comment because it was getting far more than its due. As far as "proving" something about either one of us, you're just trying to insult me with that and I don't find it particularly honorable of you. Not that you'd care, and you shouldn't. But don't waste time trying to discredit ME by calling me an idiot/liar rather than, you know, sticking to the relevant issues.

      --
      I like basketball!!1!
    2. Re:Shame on moderators? Shame on YOU by Sciros · · Score: 1

      It should be noted that in this case MS's EULA was very vague and they might have a very difficult time establishing that the section "in violation" was indeed in violation. So while in principle the stance MS is taking would be fine (had Jamie actually been violating the EULA), in this case one can argue that they don't have a leg to stand on. Poor (or incomplete) description might have screwed them over. Oh well, tough cookies for MS. Still doesn't make random flaming of MS defensible, though.

      --
      I like basketball!!1!
    3. Re:Shame on moderators? Shame on YOU by drinkypoo · · Score: 1

      Wow, tone down the hostility there, bro. Your hatred for Microsoft is IRRELEVANT TO THIS ISSUE.

      We're not talking about my hatred here. It is quite irrelevant, and that's why I haven't brought it up! YOU are the only one talking about my hatred of Microsoft. I am talking about quite logical reasons to distrust and avoid them. YOU are trying to make this be about my hatred, but it is not.

      I'll just dip down to the end of the comment here for a moment to make a point: "And yes, I felt a need to "discredit" your comment because it was getting far more than its due. As far as "proving" something about either one of us, you're just trying to insult me with that and I don't find it particularly honorable of you. Not that you'd care, and you shouldn't. But don't waste time trying to discredit ME by calling me an idiot/liar rather than, you know, sticking to the relevant issues."

      Now, let's look at this. I'm providing concrete, logical examples of why you should not trust Microsoft, yet you are ignoring them and characterizing my comment as an expression of hatred. This could not be further from the truth. It is an expression of truth and logic.

      Microsoft wants you to believe two things; that violating their EULA is a violation of law, and that it is somehow wrong to do so. The legal issue is a thorny one, but Microsoft themselves admits that the foundation for this claim in their EULA is shaky at best. So let us move on to the moral issue. I used car metaphors because they are fairly apprehensible and relatively applicable. Obviously there are some differences between modifying a car and modifying a computer program; let us examine these differences and see what effect they have.

      The major difference between a car and a piece of computer software is that the car costs something to design and build, while the software only costs something to design. Both cost something to distribute, but the cost of distributing the cars from the plant to the point of sale (or your doorstep, if you pay for delivery) is dramatically higher. So the primary difference is that the cost difference between a single copy of software and many is much much less than between a single car, and multiple cars. So software is easier to distribute than a car. It also doesn't have to be licensed so you can operate it, although Microsoft would like to change that, and already has for drivers.

      Now let's look at the legal protections against modification. If you sign an actual software license that says so, you are not permitted to alter the software or otherwise violate any legimate terms of the signed contract (anything that is not strictly illegal to include therein.) But you may modify a car in any way you like and the automaker will not be coming after you. In fact, your right to use aftermarket parts and consumables is explicitly protected by the Magnuson-Moss warranty act. This is interesting specifically because both cars and computer programs come in a variety of versions with different capabilities. Even the Yugo was available in multiple models. You can add aftermarket parts to make your base-model car have more features and/or performance characteristics than the top-end model of the car; this is perfectly legal (subject to emissions and other regulations.)

      Now, we have established that cars and computer programs are different - but we have also established that computer programs are cheaper and easier to distribute. So why should they be subject to more arduous restrictions than a car, or a toaster oven?

      The typical argument is that the software developers and/or publishers deserve to make a profit on their work. That by crippling the product they have in effect created a wholly different product, and that if you want to use the additional functionality, you should pay for it. But this presumes two things; that they have the right to control the product after it leaves their hands, and that they are

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:Shame on moderators? Shame on YOU by Sciros · · Score: 1

      Your analogy to cars is okay, but isn't it true that the entire business model for an auto manufacturer is different from that of a software one? I mean, there is no such thing as a car manufacturer releasing a free, bare-bones version of a car and then having a "commercial-level" (or whatever) version at a cost. Software RELIES on this model much of the time (Avast, for instance), as it generates word-of-mouth, lets people try software for free which they might want to buy support for, etc. It's a software model that WORKS, and I don't find anything inherently immoral or legally questionable about it. Software just doesn't work the way the auto industry does :-/ so the environment functions differently.

      But anyway, you are arguing for a *change* in the way MS (and other software vendors) deal with some of their software. That is, they DO (or try to, heh) have licensing agreements that prohibit modification (or some kinds of modification) to the software that they sell/distribute. "Circumventing copy protection" is usually in there, and distribution of that circumvention has nothing to do with it. It's some DMCA stuff (which I really dislike but I'm just using it as an example).

      My "example" :-) of "what customers want" wasn't really an attempt at an analogy or anything. I was just saying that what people want and what they can get are two different things. Sometimes the latter is decided by law, sometimes by market price, sometimes by contract, sometimes by EULA.

      Mind you, I personally am not a big supporter of EULAs, and I find that they are often indefensible (ESPECIALLY if, say, a minor clicks the "I agree," you know?). But I do believe that they represent a sort of contract that can be used to defend actions *outlined in the EULA.* This may be an aside, by the way... but suppose it says in an EULA "if you do *this and that* to the software, the vendor can restrict your access to it entirely and indefinitely." Well, since you clicked "I agree" to that, you're basically S.O.L. if you do what they want you not to, and then get pwned as a result.

      Most often, EULAs are a way of covering the vendor's arse in case someone wants to sue them for random reasons. Using them offensively is tougher and doesn't go well a lot of the time; that is why MS is trying hard to avoid that, hehehe.

      Anyway, I still do think that your approach to this topic is burdened by your negative view of MS, but what if some small, non-profit software company was in this same situation? Would you feel the same way?

      --
      I like basketball!!1!
    5. Re:Shame on moderators? Shame on YOU by drinkypoo · · Score: 1

      Anyway, I still do think that your approach to this topic is burdened by your negative view of MS, but what if some small, non-profit software company was in this same situation? Would you feel the same way?

      Absolutely. Your size is irrelevant - you don't have a right to a profit, you don't have the right to have the same business model be profitable eternally, and so on.

      What really DOES get my goat is that computers were supposed to be this marvelous tool, more or less bringing about the next stage of human evolution. But instead they've mostly become a way to pipe stupid videos to people (becoming more and more true as big media gets their hands around parts of it) and to fleece us for cash. This of course was bound to happen, I'm no idiot, in spite of the attempts of visionaries like Alan Kay who want to put the power of computers in the hands of the users, not the developers.

      And of course, more and more people are getting involved in programming. It's no longer the exclusive domain of smelly nerds in their basements - not that it ever was, but my point is that the idea has entered the mainstream. Today, it's still true that few people have a clear picture (or much of any picture) of how computers work, but they still understand more or less what it is programmers do. This was utterly untrue even twenty years ago.

      This is truly what Microsoft and other corporations like them is trying to fight. And if people are going to be programmers, then by god, they aim to have the biggest piece of the programmer pie. But this betrays a fundamental ignorance of where this particular yellow brick road leads. Because the more programmers there are out there, the less any of them will need Microsoft. Particularly astute users have already noticed that there is already no compelling reason for most users to use any software which costs money. Microsoft would like to keep this knowledge under wraps for as long as possible, convincing people that we need them, because they have no other chance to survive. Probably the only thing done better by Microsoft than by anyone else is the Office Suite, and perhaps the IDE, which still has gigantic failings - but many developers have told me that barring its few bizarre flaws, they prefer it to the alternatives. So clearly someone working for Microsoft knows something about something :)

      This is also why Microsoft's #1 enemy is FOSS. As FOSS gains power, Microsoft loses it. Their entire business model is based on lock-in. And they have been discovering that suing [potential] customers (ala/via SCO) doesn't actually work, so they are now scared shitless because they have lost their compass. Microsoft has little or no chance to survive, and they know it.

      The only thing that could possibly allow them to survive (long-term anyway - they're okay for the short term) would be to make an IBM-esque transition to services, and shed all their dead weight. But who the hell would pay Microsoft to develop a system for them? No Microsoft product has ever been worth a crap until several revisions have rolled through to clean up the many loose ends. All of you running Microsoft products before the first service pack are simply beta testers. I say all of you and not all of us, because I am now running only old and barely-supported Microsoft products, and I'm working to phase them out as well.

      All of this is why I focus on Microsoft's role as an enemy of Open Source; it provides the clearest explanation of their behavior. It's not because of my dislike for them - that is a real thing, and I acknowledge its existence, but these factors explain why I dislike Microsoft, not the other way around. I don't make their wheels go 'round.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  50. I hope this goes to court by MobyDisk · · Score: 2, Interesting
    Another poster pointed out the relevant EULA clause:

    ...You may not work around technical limitations in the software... This is also in Microsoft's other agreements. I would like to see this particular onerous line challenged in court. It is very vague, and probably impossible to judge or enforce. Lots of things have technical limitations, and people work around them all the time. I don't like EULAs in general, and this is a good place to start challenging them.
    1. Re:I hope this goes to court by An+ominous+Cow+art · · Score: 1

      Another poster pointed out the relevant EULA clause:

      ...You may not work around technical limitations in the software... This is also in Microsoft's other agreements. Really?!?! God, I don't know how many hours(days? weeks? months?) of my life I've wasted working around technical limitations in Microsoft's software... I guess I'm in big trouble.

    2. Re:I hope this goes to court by Tmack · · Score: 1

      Another poster pointed out the relevant EULA clause:

      ...You may not work around technical limitations in the software... This is also in Microsoft's other agreements. I would like to see this particular onerous line challenged in court. It is very vague, and probably impossible to judge or enforce. Lots of things have technical limitations, and people work around them all the time. I don't like EULAs in general, and this is a good place to start challenging them.

      I must be in violation then, since I installed without a mouse, and instead of "clicking" the ok to continue button, I used tab + space. I worked around the technical limitation of not having a mouse and not being able to "click" my mouse on anything. I also continually change things in MS Word that Word auto "corrects", thus working around its technical limitation on knowing what it is I want it to do. I also sometimes add words to its dictionary, thus working around its limited knowledge of how to spell things...

      Tm

      --
      Support TBI Research: http://www.raisinhope.org
    3. Re:I hope this goes to court by julesh · · Score: 1

      Another poster pointed out the relevant EULA clause: ...You may not work around technical limitations in the software...
      This is also in Microsoft's other agreements. I would like to see this particular onerous line challenged in court. It is very vague, and probably impossible to judge or enforce. Lots of things have technical limitations, and people work around them all the time. I don't like EULAs in general, and this is a good place to start challenging them.


      And it's probably a good thing that this is being heard in a British court. We have a general rule that an ambiguous term in a contract (and this is well and truly ambiguous) should always be interpreted in the way that is most favourable to whichever party to the contract had the least power to arrange different terms (i.e, in this case, the small developer). Which means that this term is pretty much useless, as the most narrow definition possible of it excludes pretty much anything. It would probably still apply to Windows activation, or any other hack that actively removes a restriction by modifying code. I don't believe that is the case here.

    4. Re:I hope this goes to court by hguorbray · · Score: 1

      Sounds like there wasn't a technical limitation if he was actually able to install the plugin......

      -I'm just sayin.

  51. Just use NUnit instead for TDD in VS Express by spikeham · · Score: 1

    Microsoft owns Visual Studio and the MSDN. They have the legal right to demand that Jamie Cansdale not modify their product and remove his MVP status. However, it's unfair and shortsighted. TestDriven.NET made doing Test Driven Development (TDD) of .NET code significantly easier. Cansdale is handing Microsoft and .NET developers a valuable tool for free. If Visual Studio Express is aimed at beginner developers, MS should be happy to help them get started with best practices by being able to do TDD.

    One reason for Microsoft to behave this way is that they have introduced their own unit test framework in Visual Studio Team Edition. It's not unlikely that the designers of the Visual Studio test framework looked at TestDriven.NET as an example of how unit testing should be built in to Visual Studio. Serious developers know the importance of doing TDD and will pay for an IDE that supports it. Cansdale is undercutting their sales opportunities by permitting developers to do TDD for free in the Express edition.

    Cansdale should stop tickling the tiger, forget about integrating TestDriven.NET into VS Express, and provide a separate interface for VS Express users to use TestDriven.NET to test their code without going through the Visual Studio GUI. No integration, no license violation.

    Chapter 8 of my book Unit Test Frameworks http://www.mounthamill.com/about.html describes how to use NUnit to do TDD of .NET code without any need to integrate with Visual Studio. NUnit is one of the testing frameworks supported by TestDriven.NET.

    1. Re:Just use NUnit instead for TDD in VS Express by Shados · · Score: 1

      Cansdale is handing Microsoft and .NET developers a valuable tool for free


      Only free for non-commercial use, so not quite free. Also, as someone who uses VS:Team Edition everyday at work, and use TestDriven.NET at home, they really are so different, and have such different purposes, they are not competition to each other. Team Edition's Unit Testing tool is very limited, and its intended purpose is to allow a project manager or team leader to track bugs dynamically in a project, using charts and stuff. So you're very unlikely to do TDD with it (it lacks a lot of functionalities that would be required to do the tests first, effectively... it CAN be done, and they provide guidances for it, but it sucks, and when you talk to them face to face, they know it, and will tell you its simply not its purpose). Some other TDD tool developers got MVP status and even got it renewed, instead of revoked, more than once.

      This really has everything to do with it being a plugin for VS Express, and even if you made one that didnt compete with MS at all, they'd be pissy too.
  52. Computer, enable copy editor by noidentity · · Score: 1

    Jamie Cansdale released a free addin to Visual Studio back in 2004 to help developers build unit tests. His only problem was that he enabled his addin for all versions of VS - including the Express addition which isn't supposed to support addins. After over a year of trying to talk with Microsoft and understand how and why he was in violation of their license agreement, during which they would never explain specifically which clause in the license was being violated, they sent the lawyers after him and pulled his MVP status. To top it all off, Jamie is actually a Java developer by day; his addin was originally developed just as a hobby project. A full account is available on his blog, including all email correspondence he had with Microsoft and the now 3 letters received from Microsoft lawyers. The lead product manager for Visual Studio Express has responded to Jamie's posts.

    Above is the summary with copy editing enabled. I hope the lawyers don't threaten me too!
    1. Re:Computer, enable copy editor by RobertLTux · · Score: 1

      psst some folks say that you should also make sure that linked info has a few "dead characters" in between different links (in this case i would have made the word including a dead word in the phrase "in his blog, including all"

      --
      Any person using FTFY or editing my postings agrees to a US$50.00 charge
    2. Re:Computer, enable copy editor by noidentity · · Score: 1
      Here's what I consider better links (I have way too much free time, I admit it):

      Back in 2004, Jamie Cansdale released a free Visual Studio addin to help developers build unit tests. His only problem was that he enabled his addin for all versions of VS - including the Express addition which isn't supposed to support addins. After over a year of trying to talk with Microsoft and understand how and why he was in violation of their license agreement, during which they would never explain specifically which clause in the license was being violated, they sent the lawyers after him and pulled his MVP status. To top it all off, Jamie is actually a Java developer by day; his addin was originally developed just as a hobby project. A full account is available on his blog, including all email correspondence he had with Microsoft and the now 3 letters received from Microsoft lawyers. The lead product manager for Visual Studio Express has posted a response to Jamie's posts.

  53. Sandcastle replacing NDoc, .NET replacing Java by Anonymous Coward · · Score: 0

    Sandcastle replacing NDoc, .NET replacing Java.

    Probably more examples too

  54. What I would have said by DrSkwid · · Score: 1

    "if it's so illegal, call the cops"

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    1. Re:What I would have said by spun · · Score: 1

      They don't have to. They have so many other ways they can fuck him over. Tyranny isn't always "men with guns" telling you what to do. Sometimes it's men with dollars. The pen that signs the million dollar checks is mightier than the sword, you know.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    2. Re:What I would have said by zippthorne · · Score: 1

      Somewhere at the end of all those dollars, there are men with guns. and tanks. and long range strategic bombers. But most of that ordnance will not find itself unleashed upon your person or personal property.

      --
      Can you be Even More Awesome?!
    3. Re:What I would have said by DrSkwid · · Score: 1

      I said "I" not "he"

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  55. More product manager comments... by Anonymous Coward · · Score: 0

    Looks like ZDNet talked to these guys yesterday, and got some more great quotes from Microsoft about altruism and fairness...

  56. Pull the Plug by Anonymous Coward · · Score: 0

    Since this is a hobbyist project for Jamie, he just needs to pull the entire TestDriven.Net in protest of Microsoft. Let the developer outcry ring in the ears of Microsoft. He certainly doesn't need the legal hassle. When Ballmer said Developers, Developers, Developers I bet the audience didn't realize that he was quoting MS legal's list of who to sue next.

  57. EULAs are funny by Anonymous Coward · · Score: 3, Insightful

    From the EULA: You may not work around any technical limitations in the software

    So if it crashes we can't restart it? And if it hangs we can't kill it? That's working around technical limitations in the software, isn't it?

  58. Vs GPL by akac · · Score: 1, Insightful

    So you want Microsoft to adhere to invented ideas of GPL3 and Novell, but you don't want others adhering to Microsoft's own license?

    I've read the letters on the site. I've read every word and all the article text. And you know what? It seems quite clear that Microsoft bent over backwards to work with the guy to abide by their EULA and their requirements for VS Express. They spent a year discussing it with him when they could have just slapped a lawsuit. Even now they are working very hard to avoid that and spare the developer some grief.

    But that's not good enough for you guys. But if MS does something ala GPL then sue them to the ground, eh? Look I'm not MS happy here but I do believe in fairness. And yes I know, Slashdot is one of the last places for fairness, but I thought it was better than Digg. Oh well.

    1. Re:Vs GPL by nagora · · Score: 1
      So you want Microsoft to adhere to invented ideas of GPL3 and Novell, but you don't want others adhering to Microsoft's own license?

      The difference is that the GPL exists primarily to grant extra rights while MS's EULA tries (with no legal basis) to restrict your rights. If you don't think that matters then: by reading this message the reader agrees to never criticise the author (nagora) in print ever again.

      Or are you perhaps not quite so keen to have your rights taken away on the whim of another person?

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    2. Re:Vs GPL by Darby · · Score: 1


      I've read the letters on the site. I've read every word and all the article text. And you know what? It seems quite clear that Microsoft bent over backwards to work with the guy to abide by their EULA and their requirements for VS Express.


      Where do people get these insane ideas?!? When did you decide that you have no rights and Microsoft has a perfect right to tell you what to do with your own property on your own time? Do you ever even think at all, or just idiotically swallow whatever swill a PR department spews out at you?

      Microsoft did not "bend over backwards". They did not do one damn thing toward working "with" him.
      They threatened, lied to, and are now in the process of trying to shut down a person using a legal copy of their software to make a product which he is *absolutely* 100% morally, legally and ethically entitled to do.

      It's too fucking bad for Microsoft that they made yet another bad decision, but it's not the responsibility of an individual to restrict themselves for the sole reason that Microsoft stands to make less money if they don't.
      MS has no right whatsoever to tell anybody what code they can write regardless of whether they use one of MS's products or not.

      Why are you such a spineless cowardly piece of shit that you can't recognize basic facts and insist that whatever MS says is correct?
      As long as you keep willingly bending over and spreading your cheeks, these shitbags will continue to try and fuck you.
      Grow some fucking balls and get some integrity.
      You're pathetic.

    3. Re:Vs GPL by NoOneInParticular · · Score: 1
      I also read the letters, but came away but a completely different impression. Microsoft made an error in shipping VS Express without explicitly stating that add-ins were forbidden and even without disabling the add-in mechanism. Then they start lying about illigality and are finally grasping at straws with the weak 'circumventing technical limitations' clause. There was no limitation, there was no hacking around. Microsoft simply dropped the ball and instead with living with the consequences, they send lawyers and pull his MVP status.

      It would be an interesting world when your vendor/partner could suddenly start adding limitations to the thing they provide whenever they feel like it. Why do you think it is natural that VS Express doesn't support add-ins? Is there something with free versions of tools that makes add-ins are no-no?

      Compare this with Tivo. Tivo found a way to circumvent the GPL by tying the code in such a way to the hardware that no modifications of that source could run. Then they abided the letter of the GPL and provided the (useless) source. There was an outcry, as it was a direct circumvention of the explicit intent of the GPL. Still, nobody lied to Tivo that what they did was illegal, and no lawsuit followed on flimsy grounds. The FSF has simply been redrafting the GPL to close such loopholes.

      Why can't MS simply do the same and give up on this particular fight for this particular version. They didn't intent that this was possible, they never expressed it, forgot to disable the feature, didn't put it in their license terms. The developer was blissfully unaware of this intent, and when MS started to complain, they started lying that it was illegal what he did. Throwing your considerable weight around in such a way is unethical and immoral, and exactly what you expect from Microsoft.

      My guess is that if they would have come clean from the start and said that it was not the intention that add-ins should be provided for VS Express, and if Jamie would please remove it as later versions would expressly make this impossible, then I doubt that Jamie would have provided the option to new customers. Now they're in a fix, simply because they can't accept that errors cannot always be corrected with extortion and lies.

    4. Re:Vs GPL by neelm · · Score: 1

      A voice of reason in the /. crowds desire to hate Microsoft.

      It is clear that Microsoft has been working to solve this, but TD.Net wants no part of it. Also, following threads in blog comments and forums you do see that TC.Net resorted to hacking VS Express to get his addin to load. The claim the software was hackable is weak - all software is hackable.

      I don't care if you like the EULA or not - it is a license to use the software, no different than the GPL. Those who call for a "right to ignore" are calling for an end to GPL protection. Don't want to release your changes? No problem, just ignore the EULA - even when the EULA is the GPL.

  59. Exactly by palladiate · · Score: 3, Insightful

    All the manager had to do was say the EULA says "xyz," and is therefore in breach of our license. He never does that (and it looks like nobody else really has either). He says the EULA is violated, but then goes on to explain how the plugin goes against what Microsoft wants. And? I don't care that you sell software, give it away, or wear it around on a fashionable necklace, your business case isn't MY business. If you can't make money doing what you are doing, then nobody should defend you, really.

    It really just looks like Microsoft was caught with it's pants down, and they are scrambling to obfuscate their screw-up.

    1. Re:Exactly by Zebra_X · · Score: 3, Insightful

      What are you talking about?

      "All the manager had to do was say the EULA says "xyz," - they did say that - twice.

      Developing addins for Express edition is a violation of the EULA. The manager stated that he made numerous attempts to resolve the situation. They explained that companies are not permitted to ship addins for Express. Jamie ignored them.

      As the manager says after "close to two years of trying to avoid escalating this situation, we felt compelled to deliver our message in a different form".

      If you are using test cases chances are you are a professional developer. In addition in the spirit of Express you should probably be writing your own test case engine and not using someone elses.

      Jamies actions are clearly not in the "spirt" of the express edition, they are also legally out of bounds - it's unfortunate that he was so difficult about the situation.

    2. Re:Exactly by Abcd1234 · · Score: 1

      Developing addins for Express edition is a violation of the EULA

      Umm, you missed the point (again). Sure, he said "you violated the EULA". But it was only until just recently that he actually pointed out the specific clause in said EULA which forbids the development of Express extensions. Without that clause, it's just a bunch of hot air and intimidation tactics. Why it took this long to find out which specific clause they were referencing, I have no idea...

    3. Re:Exactly by Zebra_X · · Score: 1

      Come on. He can't read the EULA?

      If someone says that I'm violating a license agreement - I might just feel inclined to read it.

    4. Re:Exactly by NoOneInParticular · · Score: 2, Insightful
      And in hundreds of posts here, no one seems to be able to cite the part of the license that the guy is in violation of. You seem to be convinced, so you must have seen it. Why don't you post it here?

      So with all this absence of any form of proof about the illegality, it seems MS screwed up here, and should simply live with the consequences instead of citing 'ethos'. Microsoft preaching ethos, bah. When the fox starts preaching, look to your hens.

    5. Re:Exactly by Abcd1234 · · Score: 1

      And if he can find no clause which he's violating (as is the case here), what then? Just trust the MS dev manager? Please...

    6. Re:Exactly by Anonymous Coward · · Score: 1, Insightful

      "All the manager had to do was say the EULA says "xyz," - they did say that - twice.

      Developing addins for Express edition is a violation of the EULA. The manager stated that he made numerous attempts to resolve the situation. They explained that companies are not permitted to ship addins for Express. Jamie ignored them.


      The manager made it abundantly clear that Microsoft claims that developing addins for Express edition is a violation of the license. For two years he persisted in not saying why he believes this is (in terms of the license as opposed to the "ethos") a violation.

      Whether or not something violates a license is determined by the wording within the license itself, not by what the company that wrote the license decides to claim after the fact.

      After reading the correspondence, I will grant that Jamie may be partially at fault for not more explicitly asking Microsoft for their basis for saying that developing addins for Express edition is a violation.

  60. GPL extensions by Anonymous Coward · · Score: 0

    "Now if Microsoft had released the core package under the GPL, you would be able to hear the screams of a million users crying out in outrage at the perfidious actions of Testdriven.Net"

    Like those cries we hear every day about the nVidia drivers or Linuxant wireless drivers?

  61. Absolutely Ridiculous by ithmus · · Score: 1

    I disagree. If I obtain a product (buy it for $X or download a free product under certain licensing terms) then I can use it however I want (limited only by the law). If something in the EULA makes it illegal to use add-ins, then I suppose Microsoft can claim that end-users of TestDriven.NET are violating the VS Express EULA... but that still doesn't make TestDriven.NET's actions illegal.

    So, If I 'obtain' a copy of some GPL'd software, I can copy all the code, and sell it as my own product? Maybe it violates the GPL, but its still not illegal right???

    Microsoft is a company that wants to make a profit. That doesn't make it evil, it makes it like every other company that exists. They want to exclude add-ins so that you will have to buy the full version to get them. Is it so wrong for Microsoft to want to charge money for software? How many people here work at software companies that charge money for software? Or even - offer limited 'demo' packages for free?
    --
    I'm supposed to be working right now.
    1. Re:Absolutely Ridiculous by Changa_MC · · Score: 3, Informative

      Breaking the EULA might be illegal. But the EULA does not ban addons. Therefore TestDriven.NET has not broken the law. If Microsoft wanted to ban addons from the free version, they should have said so in writing.

      --
      Changa hates change.
    2. Re:Absolutely Ridiculous by Danse · · Score: 1

      So, If I 'obtain' a copy of some GPL'd software, I can copy all the code, and sell it as my own product? Maybe it violates the GPL, but its still not illegal right???

      Actually, that would violate copyright law, not just the GPL, so it would definitely be illegal. The GPL grants you rights that you don't have under regular copyright law, if you're willing to accept the terms. If you don't agree to the GPL, then you're bound by regular copyright law.
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    3. Re:Absolutely Ridiculous by ithmus · · Score: 1

      Ok, poor example. I submit, however, that there exists a way to violate the GPL without violating copyright law.

      The GPL is not any more binding that Microsoft's EULA.

      I think that software purchases are more akin to leasing a car. You don't _own_ software, the creator owns the software. You can't do whatever you want with it. You're just given a license to use it, and the license comes with conditions.

      --
      I'm supposed to be working right now.
    4. Re:Absolutely Ridiculous by PitaBred · · Score: 1

      Welcome to the wonderful world of the GPL. It was made in RESPONSE to shit like the EULA's. Therefore, if you enforce one, you have to enforce the other. Double-edged sword. If Microsoft didn't proscribe making addins in their license, it's their problem. He's not doing anything wrong or against the license. If you modify GPL code and then release the binary without the source, you ARE breaking the license, and therefore culpable. Why is this so hard for people to understand?

    5. Re:Absolutely Ridiculous by TheRaven64 · · Score: 1

      I submit, however, that there exists a way to violate the GPL without violating copyright law. No it isn't. The GPL does not prevent you from doing anything that copyright law does not allow you to do. It relaxes some of the restrictions on copyright law, if you agree to abide by some extra conditions, but it does not restrict anything not already banned by copyright law. One of the first lines of the GPL says that you are not required to accept the GPL, and that you can use the program in any way without accepting it. If you want to distribute the program, then you need to either accept the license which grants you limited distribution rights (which you would not otherwise have), or contact the author and negotiate some other form of distribution license.
      --
      I am TheRaven on Soylent News
    6. Re:Absolutely Ridiculous by soapy2000 · · Score: 1

      But there, you would be breaking the copyright laws, if the GPL didn't hold up, so you couldn't win either way.

      --
      If I knew then what I knew now, would I still feel this old?
  62. This is "Microsoft Standard Practice"... by rmdyer · · Score: 3, Insightful

    'Read "ethos" as "business case".'

    Microsoft does this all the time. What really tests my patience with Microsoft is when they deliberately break their own products to limit their useful application in an IT environment that has the sole purpose of actually helping to install and further the case for Microsoft's own products!

    We see this with Windows PE, the mini kernel'ed XP with networking, that allows us to install XP remotely (please don't comment back about BART here, we know all about BART). There are many useful applications for an open and extensible Windows PE that would allow internal IT operations to enhance operations. What Microsoft does is break this usefulness to the point where you almost must use it with something else you must buy from Microsoft. In this case yet another server for RIS, etc.

    The Windows XP web update is another case in point. Have you ever wondered why the Express update deliberately leaves off a "Download Patches Now" button, and instead just provides the "Install Now" button? It's to deliberately push you into buying another Windows 2003 server just to run WUS (Windows Update Services http://www.microsoft.com/technet/windowsserver/wsu s/default.mspx) server. Most IT departments can easily roll their own patch update scripts using the patches once they are downloaded, yet Microsoft makes downloading each patch a manually tedious process instead of simply adding a "Download Now" button.

    Believe me, Linux is getting easier to mold a cohesive IT architecture around than Windows because of all the wrenches Microsoft has thrown into the works. Because of Microsoft's own business practices, local IT total-cost-of-ownership is very high, as well as the personal frustration that goes along with it.

    Microsoft in essence wants you to buy into their environment, and then buy into it again and again by deliberately preventing you from developing your own automation practices. Why automate anything when Microsoft can sell you another automation "solution"!

    My general point is that Microsoft can never provide a "one solution fits all" product line. Every IT department is different, and needs to develop its own internal automation practices. Microsoft, by being mischevious about its business practices, serves to interfere with in-house automation to the point of asking the question "why are we using Microsofts' products?"

    Even if Microsoft could provide a "one solution fits all" architecture, then that wouldn't serve the need of most businesses in general because most businesses actually need to differentiate themselves from other businesses in most ways that matter. If your internal operations are the same as everyone elses, then you don't gain a competitive advantage by streamlining operations for your company's product line.

    Microsoft simply needs to stop this foolishness of "vendor lock-in" and allow people to interoperate with their products and services more openly. Otherwise, I don't see a future for Microsoft in the light of an Open Source world.

    1. Re:This is "Microsoft Standard Practice"... by drsmithy · · Score: 1

      It's to deliberately push you into buying another Windows 2003 server just to run WUS (Windows Update Services http://www.microsoft.com/technet/windowsserver/wsu s/default.mspx) server. Most IT departments can easily roll their own patch update scripts using the patches once they are downloaded, yet Microsoft makes downloading each patch a manually tedious process instead of simply adding a "Download Now" button.

      1. You don't need an additional, dedicated server for WSUS.

      2. If you worked for me and spent the dozens (if not hundreds) of man-hours recreating and managing a wheel Microsoft gives you for free, instead of productive work, you'd be on the wrong end of a "please explain" meeting.

      Believe me, Linux is getting easier to mold a cohesive IT architecture around than Windows because of all the wrenches Microsoft has thrown into the works.

      Microsoft are only "throwing wrenches into the works" if you're stuck in the Linux "must create my own solution to every problem from scratch" mindset, rather than using the tools available to you where someone else has already solved that same problem.

      Microsoft in essence wants you to buy into their environment, and then buy into it again and again by deliberately preventing you from developing your own automation practices. Why automate anything when Microsoft can sell you another automation "solution"!

      Because it's almost certainly cheaper to buy theirs. If you happen to have particularly unusual and specialised needs, this might not be true - but most people don't (even when they think they do).

    2. Re:This is "Microsoft Standard Practice"... by Anonymous Coward · · Score: 0

      WinPE is pretty crappy but rolling your own XP embedded isn't half bad (for Windows atleast.)

    3. Re:This is "Microsoft Standard Practice"... by Grishnakh · · Score: 1

      Microsoft simply needs to stop this foolishness of "vendor lock-in" and allow people to interoperate with their products and services more openly. Otherwise, I don't see a future for Microsoft in the light of an Open Source world.

      No they don't. They need to lock customers in and abuse them as much as possible. After all, many customers just don't mind. Look at one of the other responses to your post here. I think Microsoft could go much farther in abusing their customers than they do now. They might lose a few to Linux/Unix, but the increased profits from the many who remain would more than make up for it.

  63. Re:Found their ethos by Evil+Adrian · · Score: 0, Troll

    retarded anti-microsoft posts like this are the reason this site sucks.

    and now more retards will mod me down.

    no add-ins to the express versions. that's part of the license. it's not unreasonable. you people just like to bitch for the sake of bitching. ugh.

    --
    evil adrian
  64. Typical Microsoft by Anonymous Coward · · Score: 1, Informative

    From TFA:

    "We may have discussed this at great length, but I was never told what that the "relevant license terms" actually were! I only re-enabled Express support when Microsoft yet again failed to tell me where I was in violation. A straight answer with something I could tell my users would have resolved this."

    So yeah, frankly, the whole can't "work around technical limitations" bit of the EULAs ought to be given more press. I think a lot of people violate that term unknowingly, and if it were actually enforced, people would find Microsoft software quite useless.

  65. As much as I feel for the guy... by haplo21112 · · Score: 2, Insightful

    ...Microsoft has always been pretty strightforward in saying no plugins for the Express products, its not a hidden fact.

    So the guys fight is sort of a principle of the thing, be a pest fight. He's pretty clearly in the wrong. Sorry of thats a bad opinion on the matter.

    --
    Power Corrupts,Absolute Power Corrupts Absolutely, leaving one person(group)in charge is absolutely corrupt.
    1. Re:As much as I feel for the guy... by Joe+U · · Score: 1

      Except if you're part of Microsoft.

      http://www.popfly.ms/Overview/Explorer.aspx

      That's why there's a problem, especially in the EU, where they are not very happy with these types of special arrangements.

    2. Re:As much as I feel for the guy... by Darby · · Score: 2, Informative


      So the guys fight is sort of a principle of the thing, be a pest fight. He's pretty clearly in the wrong. Sorry of thats a bad opinion on the matter.


      No, he's absolutely 100% in the right.

      Where did you get the insane idea that Microsoft has the right to tell you what kinds of things you can do with your legally purchased property?

      It's truly unreal how many people just idiotically swallow bullshit like that and keep regurgitating it.

      MS can say he's in the wrong all they like. Not you, not they, and not anybody else in this thread has given a single credible reason as to how they magically got that right just claiming to have it.

      That's the elephant in the room you're ignoring.

    3. Re:As much as I feel for the guy... by lawpoop · · Score: 1

      As far as I understand, he developed his product using the full version, which allows the development of extensions. He didn't use the Express version, so he didn't violate any limitations; technical, license, or otherwise.

      The problem for Microsoft is that when an *Express user*, which Jamie is not, uses TestDriven.net, the *Express user* gets access to the extensions feature, which wasn't completely disabled in the Express version. So it seems to me that the user who uses TestDriven.net in Express is violating the license of Express, but Jamie has not.

      Microsoft might think that Jamie developed TestDriven.net at least partially in Express, to see that it would get around the limitation, but he's claiming he did not. He just developed an app in the full version that, unbeknownst to him, gets around a limitation in *another program* with *another license*.

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    4. Re:As much as I feel for the guy... by RzUpAnmsCwrds · · Score: 1

      Where did you get the insane idea that Microsoft has the right to tell you what kinds of things you can do with your legally purchased property?


      Where did you get the insane idea that the FSF has the right to tell you what kinds of things you can do with your legally purchased property?

      Or, did you think that because you purchased RedHat, you're free to distribute closed-source binaries without source code?

      Copyright restricts your rights. That is not inherently a bad thing. But it does mean that we need to be more careful about which rights copyright holders are allowed to restrict and for how long they are allowed to restrict them. But that doesn't mean that we should just let people do whatever they want because they purchased Windows.

      You do not own any Microsoft products, nor have you ever. You probably own a license to use Microsoft products - it might be perpetual, or it might be time-limited. As long as Microsoft was up-front with the terms, there's very little that you can complain about. Some clauses in Microsoft's EULAs are invalid and unenforcable. This may be one of those situations. But neither you nor I can make such a claim without a better understanding of the law.
    5. Re:As much as I feel for the guy... by ikekrull · · Score: 1

      TestDriven.NET is Jamie's property, not Microsofts, and the FSF will never ask you to do anything with code that isn't a derivative work of a GPL-licensed piece of software.

      And, how can be be working round a technical restriction when its obvious that no such restriction exists. How can it be illegal to edit the registry when Microsoft provides tools and APIs to do so? Is there any difference between a 'technical restriction', and a 'license restriction'?

      For example, can I legally prevent people from, say, running my software on OS X in a virtual machine by placing a line in the EULA saying they may not violate any technical restrictions? Simply by stating that I, as the author of the software did not intend that my software would be run on Macs and thusly, this is a technical restriction.

      I mean, its clear the software will install and run on a Mac VM without a problem, but is the fact that I, as the software's author don't like the fact this can be done a technical restriction?

      What Microsoft is asking Jamie to do is implement a technical restriction in his own product so that end users he distributes the package to will not be able to violate Microsoft's 'ethos', and that people will quickly realise that any plugin written for Visual Studio probably works just fine in Express.

      --
      I gots ta ding a ding dang my dang a long ling long
    6. Re:As much as I feel for the guy... by Darby · · Score: 1


      You do not own any Microsoft products, nor have you ever. You probably own a license to use Microsoft products - it might be perpetual, or it might be time-limited. As long as Microsoft was up-front with the terms, there's very little that you can complain about.


      The hell I don't.
      I bought a box at the computer store containing a copy of Windows which I absolutely own.
      I do not have the right to make copies of my property and give it to somebody else, but apart from that, which is all that copyright law covers, I can do pretty much any damn thing I choose with my legally purchased property.

      I never licensed anything from Microsoft, nor have I ever done business with them in any way shape or form. They can say I did until they're blue in the face but neither that, nor your ignorant statements will ever change that fact.

      Add in the fact that they were *not* upfront with the terms.
      After I *purchased* a copy of their product from a third party, meaning that I have no relationship with them at all and that they have no rights to try and insert themselves in a business relationship between myself and somebody else, they put a bunch of idiotic restrictions regarding how I choose to use my legally purchased property as if they had any right to do any such thing.
      They don't. I have no contract with them and I have never, not in any conceivable way, entered into any sort of relationship with them.

      Copying it is not allowed under copyright law. That's the only thing that is in any way relevant to this situation. How I choose to use it apart from that is solely my business.

      I'm sickened to see you so desperately trying to ignore the reality here just so you can suck up to Microsoft. Why the hell you'd think there is any possible benefit for yourself in doing that is beyond me.

  66. Skilled corporate guy masquerading as hobbyist by Dogtanian · · Score: 4, Insightful

    It's sad that no mind at Microsoft can conceive of a compelling argument why Jamie is wrong. I notice that Dan's argument includes comments like

    The vast majority of our customer base, now with 14 million downloads, isn't even professional developers, its non-professionals. [..] From a total number perspective, beginners are the largest segment of Express customers and they still find Express too complex, [..] Our Express customers haven't been asked for unit testing or extensiblity in much the same way as I didn't ask or even know to ask when I grew up programming BASIC on an Apple IIe. So? That wasn't the issue. If this is true, then the "vast majority" of Express users simply won't use it, so what was the point of bringing it up? If Dan was implying that Jamie is wasting his time, then that's Jamie's problem; it's not going to damage their experience, or MS/Express's reputation.

    Is he attempting to steer the discussion (and basis of MS's actions) away from ground that may not be as firm as MS would like to pretend it is? "Our ickle novice programmers don't want or need TestDriven.NET". Then they won't use it, Dan.

    As you may remember from my previous posts, Visual Studio Express was a labor of love. MS would not have permitted the release of Express if it had not been to their benefit; in this case, giving low-end programmers the chance to use, learn and be steered towards their product without cannibalising sales of the full Visual Studio.

    If it really was a "labor of love" for Dan, then I'd question why he's pouring his heart and soul into products for a company like Microsoft, and consider him somewhat deluded. On the other hand, he's a manager, not a low-level Bill-Gates-is-God-Kool-Aid-drinking peon, so you'll excuse my scepticism if I consider this to be an attempt to play the "I'm one of you and really enthusiastic about this" sympathy card.

    The tone of such comments as

    It's unfortunate that this happened, but as you can see, we have been very patient with Jamie and it's our hope he will remain in compliance of the Visual Studio Express Editions license agreement. smacks of PR. It's the weaselly attempt to come over as firm-but-friendly whilst underneath making clear what they expect to be done and the veiled threat if it isn't. Either he or someone else has consciously worked on this.

    I also notice that he states here:

    Back in 1975, Microsoft started out as *the* hobbyist company for a nascient software industry. While many things have changed since then, we always had a special place in our hearts for hobbyists. Yeah, MS has always been the hobbyist's friend, ever since Bill Gates' friendly letter to them in 1975. They've always been open and let people play around with their stuff.

    Lying corporate fuck.
    --
    "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    1. Re:Skilled corporate guy masquerading as hobbyist by jez9999 · · Score: 1
      Well, Gates was apparently right about one thing...

      One thing you do do is prevent good software from being written.
    2. Re:Skilled corporate guy masquerading as hobbyist by Anonymous Coward · · Score: 0

      "It's unfortunate that this happened, but as you can see, we have been very patient with Jamie and it's our hope he will remain in compliance of the Visual Studio Express Editions license agreement."

      This is quite an interesting quote, as the phrase "remains in compliance" implies that Jamie has not yet broken the license.

  67. Native speakers can write badly too! by dakirw · · Score: 4, Insightful

    Clearly it was not write by someone who's first language is not english,
    There are plenty of native English speakers that have really bad writing. It's not quite fair to assume that the first language of the poster isn't English. :)
    1. Re:Native speakers can write badly too! by RockDoctor · · Score: 2, Informative

      Clearly it was not write by someone who's first language is not English,

      There are plenty of native English speakers that have really bad writing. It's not quite fair to assume that the first language of the poster isn't English. :)

      Slight understatement there, methinks.
      The standard of written and spoken English amongst native speakers is often significantly poorer than amongst non-native speakers, and for a perfectly good reason : native speakers learn their mother-language mostly from people who have had little if any formal training in correct grammar, spelling and/ or punctuation, while the large majority of formally-taught users of the language learn from and (refer back to) materials produced by skilled professionals. To be blunt, the necessary qualifications for becoming a parent (functioning gonads and a partner) are not the same as those necessary for teaching a language (understanding of grammar, rules of punctuation, memory of spellings, training in pedagogy).
      If we had access to several populations of people who couldn't speak a particular language and were to carry out the experiment of introducing a new language to some populations by formal teaching, and to other populations by introducing the language by percolation and self-teaching, then a meaningful comparison of the efficacy of the teaching methods could be carried out. Which might be an interesting experiment, if we didn't have adequate historical testimony of what happens with spoken languages : the development of pidgin languages, and later creole languages.
      What might be an interesting variation would be to investigate how the analogy works with programming languages in a non-programming population. The analogy between natural languages and programming languages has often been made, and has often been taken far further than it can stand. But in this context, it could make an interesting and informative experiment. What programming languages to use for comparison is one important variable to control for ; isolating the different experiments is something that would be easily achieved if the experiment were allowed to use prisoners spread across different institutions. A motivational framework should be easy to establish (for example : if your group achieves this months programming task, your group gets a TV-hours upgrade).
      All in all, it might be an interesting experiment which could illuminate
      • which parts of "programming" as a whole are difficult for people to construct for themselves (pointing to directions for improving tuition),
      • what sorts of errors people are more prone to make (and therefore, language design should take into account),
      • and possibly how effective different organisational methods are.
      Of course, this would require considerable replication to examine the effects of the variables, but the world isn't going to be short of uneducated prisoners for a long, long time. Is it?

      (I should point out that I'm suffering a wife revising for her English exam at the moment, as a prerequisite to applying for dual citizenship. She was asking me to help her understand the gerund last night, which was acutely embarrassing. And now, I think I should apply the spelling checker before posting! [I forgot to capitalise "English" and flipped a syllable in "condiserable" - which is a level of correction that doesn't, quite, require seppuku.] It's hard NOT to be a grammar Nazi. Particularly on Slashdot, where speed of posting often appears to over-ride all other considerations, including thinking about the subject. Now all I've got to do is figure out how to make this damned machine STAY with en-GB as the default language for a document, instead of re-setting it every tour.)
      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    2. Re:Native speakers can write badly too! by Anonymous Coward · · Score: 0

      Drop the thesaurus, seriously.

      If that's how you naturally talk (or if you think that your choice of words is appropriate for a casual news site) then I can't really help you.

      I also want to clarify that I'm not flaming, I just really find it annoying when people resort to a thesaurus to try and sound smarter (not sure if that's the case here).

      All in all, I really like your post and I would love to see some figures by someone on your proposed programming language experiment.

    3. Re:Native speakers can write badly too! by fractoid · · Score: 1

      If that's how you naturally talk (or if you think that your choice of words is appropriate for a casual news site) then I can't really help you. What's wrong with simply being literate and having a good vocabulary? I'll agree that some of his grammar is somewhat stiff, but that could be due either to talking more formally than he's used to in order to better make his point, or to English being his second language. The second seems apposite given that he mentions his wife is studying for an English exam for citizenship purposes. Regardless, for some of us, discovering new and interesting words is a source of enjoyment in and of itself.

      (I've assumed the GP to be male, given that he mentions a wife - apologies if I'm mistaken. ;)
      --
      Rampant carbon sequestration destroyed the Dinosaurs' tropical paradise. I'm here to help repair the damage.
    4. Re:Native speakers can write badly too! by Xichekolas · · Score: 1

      the necessary qualifications for becoming a parent (functioning gonads and a partner) Man, this is the 21st century... all you need is an empty warm space in which to implant the embryo. Bonus points if said warm space is in a female.
      --

      Self-referential Sigs are cool on /. these days...

      54

    5. Re:Native speakers can write badly too! by RockDoctor · · Score: 1
      The entity "fractoid (1076465)" wrote, citing someone who's comment hasn't blessed this particular part of the sub-Etha network :

      If that's how you naturally talk (or if you think that your choice of words is appropriate for a casual news site) then I can't really help you.

      What's wrong with simply being literate and having a good vocabulary? I'll agree that some of his grammar is somewhat stiff, but that could be due either to talking more formally than he's used to in order to better make his point,

      Certainly a bit of the former, but since I'm used to having to do verbal technical reports on complex topics involving lots of someone else's money, at zero notice, and at the hard end of a 48-hour shift ... I do have a tendency to engage the braincell before flapping my lips. I don't speak like that all the time - only about 50% of the time.
      Whoever you were quoting is either ranked below my reading threshold, or they've pulled their post, or something I can't be bothered figuring out, but what on earth do/did he/she/it/they mean by "a casual news site" ? They can't be referring to Slashdot, surely? I've always thought that it was a place for sensible discussion on serious topics, by intelligent (compared to the population median) people. "News for nerds, stuff that matters", as the saying goes.
      Then again, it wouldn't be the first time that my expectations and the outside world's reality didn't line up.

      or to English being his second language. The second seems apposite given that he mentions his wife is studying for an English exam for citizenship purposes.

      Nope, native British English speaker. The wife is Russian, from a couple of months I spent squelching around in the tundra and getting bitten by mosquitos.

      Regardless, for some of us, discovering new and interesting words is a source of enjoyment in and of itself.

      There's an old saying about the day that you don't learn something new - it's the day that you woke up dead and didn't notice.

      (I've assumed the GP to be male, given that he mentions a wife - apologies if I'm mistaken. ;)

      Hmmm, well if you know someone who's not male and can talk about his wife ... would you care to share the videos with us? [GRIN]
      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    6. Re:Native speakers can write badly too! by harp2812 · · Score: 1

      They can't be referring to Slashdot, surely? I've always thought that it was a place for sensible discussion on serious topics, by intelligent (compared to the population median) people. +1 Funny
      --
      I've found that nurturing one's Zen nature is vital to dealing with technology. Violence is pretty damn useful too.
  68. Re:Found their ethos by Anonymous Coward · · Score: 0

    Perhaps you'd be happier reading and posting on another site?

    Don't let the door hit you in the ass on the way out.

  69. I got yer ethos right here... by mojoNYC · · Score: 1

    First thought: M$ must really be grasping at straws to have to stoop to an ethos-based defense...since it's the first time i've ever heard of a Microsoft ethos other than 'Embrace, Extend, Extinguish.' Second thought: Wasn't there a recent article on /. wondering where all the MS hobbyists are? Hmmm, makes you really wonder, doesn't it? Third thought: GPLv3 = the meteor Microsoft = the dinosaur

  70. As always by Nom+du+Keyboard · · Score: 1

    Always be careful when dealing with the paranoid beast. You'll be the one to lose fingers, not it!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  71. No Godwin Here by jefu · · Score: 1

    Phew, a narrow escape at being Godwinned with references to brown shirts. Glad we missed that.

  72. Moral rights by clawsoon · · Score: 1

    If you live in a jurisdiction that recognizes moral rights to copyrighted work separate from copying rights, you just might be able to.

    1. Re:Moral rights by vidarh · · Score: 1
      IANAL, but I don't know of a single jurisdiction that has the concept of moral rights that would allow any restriction like that. Moral rights are very limited, and are tied to things like attribution or rights intended to protect the reputation of the creator of a work, not restriction on how a recipient of a work makes use of it.

    2. Re:Moral rights by clawsoon · · Score: 1

      In a Government of Canada discussion of the Canadian copyright act, I found this:

      "Infringement of the author's moral right occurs only if the work is... used in association with a product, service, cause or institution that prejudices the author's reputation or honour."

      It'd be a stretch, yes. However, one can imagine a judge at least taking into consideration the arguments of someone who was a member of a strict religious community who was facing shame or banishment from community members because they had created something which was being "used for the Devil's work" by a store that opened on Sunday. The judge might or might not grant the request, but they'd consider it.

  73. Why does Microsoft not have lawyers to help out? by lmoelleb · · Score: 2, Insightful

    Jason clearly states he is not a lawer. Then isn't he provided with legal advise? All it takes is a legal department he can call and ask them to explain to Jamie (and/or his legal representive) what it is Microsoft thinks they are in violation of, and hear the counter argument.

    If the counter arguments are good, Microsoft's lawer would know they would loose in court and say "you are right, sorry for the inconvinience. Please be adviced we will most likely change the license agreement to specifically disallow this for future releases as it was never our intention this should have been allowed in the first place".

    If the Microsoft lawyer can counter the counter arguments, then Jamie (and/or legal advise) could simply say "you are right, sorry for the inconvinience, the feature will be removed".

    If they do not agree, then they will go to court as this is the obvious place for resolving something like this if the parts can't agree.

    But apparently Jason only has access to "layer attack dogs" who are unable to help resolve issues and respond to anything with C&D letters. I am just happy I am not Jason, it must really suck to work for a company who can't provide even basic legal advice to it's employees dealing with outside contacts.

    --
    /Lars
  74. EULA by Slashcrap · · Score: 1

    I love that clause in the EULA - "You may not workaround technical limitations in this product".

    I hope they don't decide to include that in the Windows EULA, because if they do I think we're all going to jail.

    1. Re:EULA by Anonymous Coward · · Score: 1, Informative

      According to here, that clause is in the Vista EULA.

  75. Microsoft has Ethos? by PRMan · · Score: 2, Funny

    Microsoft has "ethos"? When did this happen? I figure that would have been big news.

    --
    Peter predicted that you would "deliberately forget" creation 2000 years ago...
  76. Re:Can't Microsoft stop this with the next release by julesh · · Score: 1

    Because they've become a ten tonne lumbering monster. Yes, they could do this. It would probably take them about six months to get it out of the door. The guy with his unit test framework could probably fix it and have it back up working again in a week.

  77. WTF? by Colin+Smith · · Score: 4, Funny

    You may not work around any technical limitations in the software. Really? I'm going to have to go over my Windows EULA again. Does it contain that phrase? In which case it is clearly against the EULA to install ANY additional software beyond the basic operating system, clearly doing so would be working round technical limitations.
    --
    Deleted
    1. Re:WTF? by r3m0t · · Score: 1

      Don't worry. Microsoft just made everything against the EULA, but they won't bother you for installing software.

      Today, anyway.

    2. Re:WTF? by Anonymous Coward · · Score: 0

      You may not work around any technical limitations in the software. Really? I'm going to have to go over my Windows EULA again. Does it contain that phrase? In which case it is clearly against the EULA to install ANY additional software beyond the basic operating system, clearly doing so would be working round technical limitations.
      Where software = Visual Studio Express, not a Windows Operating System, at least try to stay on topic.
    3. Re:WTF? by Anonymous Coward · · Score: 0

      Really? I'm going to have to go over my Windows EULA again. Does it contain that phrase?

      It does if you're running Vista.

      In which case it is clearly against the EULA to install ANY additional software beyond the basic operating system, clearly doing so would be working round technical limitations.

      Yeah, Vista is sounding better all the time.

    4. Re:WTF? by rubycodez · · Score: 1

      haha, but in seriousness the Studio Express in question in fact does execute extensions (like Jamie's )out of the box, so really Microsoft should have disabled that. They hosed themselves.

    5. Re:WTF? by Anonymous Coward · · Score: 0

      So should Windows suffer a blue screen of death, it's against the EULA to fix this 'technical limitation'. Hmmm, my network is down... right click 'repair'... ALERT - YOU'RE VIOLATING THE EULA BABY!!! LEAVE ME IN MY TECHNICALLY LIMITED STATE

  78. But it is 'Essential' by Anonymous Coward · · Score: 0
  79. Re:Can't Microsoft stop this with the next release by Anonymous Coward · · Score: 0

    The job
    Ain't done
    'Til Lotus
    Won't run.

  80. Exactly! by palladiate · · Score: 1

    Yea, that part about being the hobbyist company makes my laugh. I've been a hobbyist my whole life, even being given an Apple ][ at age 5. My father has been one longer than I've been alive. Neither of us would ever classify Microsoft as hobbyist-friendly. Heck he got turned off to Apple, and they have always been loyal to enthusiasts. You are right, the whole thing is a lying PR fest.

  81. Doesn't affect the legality of it all by Tony · · Score: 1

    Did you even read Dan Fernandez's blog? He makes it clear: It is contrary to the license...

    Yes: it's contrary to the Express version of the software. As the developer didn't use the Express version, he is not bound by the Express EULA. He is bound by the EULA he accepted when installing the professional version.

    That's the whole point. Microsoft is trying to bind him to a license he hasn't accepted. ...most users aren't asking for it...

    So, then, what's the fuss? ...and Microsoft, a commercial software company, has made a business decision to require users to upgrade to the full version for this functionality.

    The developer isn't bound by Microsoft's business decisions. He is bound by the agreement he made with Microsoft when he installed the professional version of Visual Studio. Again, as he never agreed to the Express EULA, he is not bound by it, no matter what Microsoft might desire in their business decisions.

    --
    Microsoft is to software what Budweiser is to beer.
  82. I strongly disagree by mattcasters · · Score: 1

    Actually it would absolutely not be illegal or even wrong by any measure point to copy the GPL source code for own commercial use... as long as you make the source code available. It's called "the right to fork" and it is A Good Thing(TM).

    --
    News about the Kettle Open Source project: on my blog
    1. Re:I strongly disagree by Danse · · Score: 1

      Actually it would absolutely not be illegal or even wrong by any measure point to copy the GPL source code for own commercial use... as long as you make the source code available. It's called "the right to fork" and it is A Good Thing(TM).

      Well, if you're making the source available, then you're complying, so no problem. The gp poster didn't say anything about making the source available though.
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    2. Re:I strongly disagree by turbidostato · · Score: 1

      "The gp poster didn't say anything about making the source available though."

      But even then, his claim was illegal nevertheless. The illegal point was not he was repacking and reselling it (which may or may not be illegal depending on how he managed the source code). The illegal point was "and sell it as my own product". It is illegal to claim authorship of anything you in fact didn't produced yourself. You can repack and commercially distribute Emacs if you want to (under the terms of the GPL) but you can never claim that you wrote Emacs (well, somebody would say that such a claim would not only be illegal but somehow masochist too, but that's another issue).

  83. READY by billcopc · · Score: 0, Offtopic

    POKE 59468,14

    READY
    LOAD "ZONK:*",8,1

    SEARCHING FOR "ZONK.BAS"
    LOADING

    SYNTAX ERROR AT LINE 20
    READY

    Seriously Zonk, maybe you should go work for Digg.

    --
    -Billco, Fnarg.com
  84. Re:not to be all nice to microsoft, but-sword play by PitaBred · · Score: 1

    We can bitch. We just don't sue, because there's no legal basis for it. The GPL crowd goes for what's "right", and completely artificial restrictions on usage don't fall under the banner of "right" with us, especially when they're not codified in the contract. We aren't as hypocritical as you'd like to think we are. We're just smarter than you are.

  85. Re:Editors? by TheRaven64 · · Score: 1

    Slashdot "editors" do not "edit" submissions They edited my last submission (the Apple Mighty Mouse) that was accepted to remove the last line. Variations on the deleted line then formed the first twenty or so comments.
    --
    I am TheRaven on Soylent News
  86. Re:Why does Microsoft not have lawyers to help out by devinjones · · Score: 1

    Because the lawyers and the Express product lead were trying to cover their asses once they realized they:

    1) Forgot to disable extensions in the code. Probably because they used the same code for VS Express and VS Pro. They probably thought, "we'll cover it in the EULA."

    2) Forgot to modify the EULA to forbid VS Pro users from creating VS Express extensions.

  87. sums up MS' doomed customer hostile posture by toby · · Score: 1

    Express was a labor of love. It was a small miracle getting Express to be available both for free and for commercial use for customers let alone the engineering work to get it up and running, We made a business decision to not allow 3rd party extensibility in Express. The reason we're able to offer Express for free and even let developers build commercial applications with Express is because we limit 3rd party extensibility of Express, specifically by removing support macros, add-ins, and VSIP packages.

    Translation: "It's practically impossible for us to deliver what people actually want."

    One day guys like Dan Fernandez, with their incredible, heartrending passion to defeat internal obstacles to actually help customers, might figure out that it's a heck of a lot easier to do that when you live OUTSIDE the Green Zone.

    But it's not clear what role "ripping out useful features" plays in actually helping people. Hey Dan, in the open source world, we don't have to cripple products to be allowed to ship them ... free.

    --
    you had me at #!
  88. Re:Can't Microsoft stop this with the next release by lawpoop · · Score: 1

    What's stopping them from doing the same here? Can't they just release a new upgraded version of Visual Studio Express that won't run his stuff? Probably the code base is a monolithic, spaghetti-code mess and they just can't comment out the sections that allow the creation of extensions. If they could, they probably would; but since they haven't, they probably can't, in a cost-effective manner.
    --
    Computers are useless. They can only give you answers.
    -- Pablo Picasso
  89. A revised letter to hobbyist! :-) by RoadWarriorX · · Score: 0, Troll

    An Open Letter to Hobbyists

    To me, the most critical thing in the software market right now is the lack of good Windows software. Without good software and an owner who can afford it, a 3GHZ computer is wasted. Can cheap, quality software be written for a user's market?

    A few years ago, Jamie Cansdale, expecting test-driven development to expand, developed TestDriven.NET. Though the initial work took only a couple of months, the he has spent most of the last year documenting, improving and adding features to TestDriven.NET. Now we have 2.5, 2.6, and 2.7. The value of the time invested well exceeds $4,000,000,000,000,000.

    The feedback we have gotten from the millions of people who say they are using TestDriven.NET has all been positive. Two surprising things are apparent, however, 1) Most of these "users" never liked .NET, and 2) The real value of Microsoft's crippled products is only $2.

    Why is this? As the majority of hobbyists know, most of you know why Microsoft sucks. They know Microsoft must be paid for software, but hobbyist need something extensible. Who cares if the people who worked on the original products at Microsoft never think of it first?

    Is this fair? One thing Microsoft does not allow people to do is make improvements on their own crippled software. Hobbyist don't make a lot of money extending software. There is no royalty paid to them for the documentation, the debugging and the overhead make coding fun. One thing Microsoft does is prevent good software from being written. Who can afford their crippled software? What software developer can put 3-man years into programming, finding all bugs, documenting his product and not make it user extensible? The fact is, no one besides the hobbyists invested a lot of time in Microsoft software. We have written WinAPI, and are writing COM and .NET code, but there is very little incentive to continue to use your expensive software. Most directly, the thing you do is alienate users and developers.

    What about the guys who like your software? Aren't they allowed making money, too? Yes, but most of those may lose out in the end. They are the ones who hate Microsoft products the most, because they really know how much it sucks.

    I would appreciate replies from any one who wants to give up, or has a suggestion or comment. Just write to me here at slashdot.org. Nothing would please me more than being able to allow Microsoft to die and deluge the market with better software.

    1. Re:A revised letter to hobbyist! :-) by bruce_garrett · · Score: 1

      1) Most of these "users" never liked .NET...

      Why is this not surprising? .NET is the reason I'm a Java developer now.

  90. Vista... The OS you *can't* use legally. by Colin+Smith · · Score: 1

    That means it's illegal to replace Wordpad with MS Office because you will be working round technical limitations of the operating system. It's illegal to write scripts because you are working round technical limitations etc etc.

    --
    Deleted
  91. Follow up Post by Anonymous Coward · · Score: 0

    Here's a follow up post detailing how TestDriven does this using Code Injection.

  92. Well, this is /.... by JacksBrokenCode · · Score: 1

    Reading slashdot, I get the impression that a lot of you don't know anything about what's going on in the real world, and you act like MS's dominance is receding. It isn't, I assure you. Most of the "hot technology" being cranked out by open source people is a) tinker toy compared to some MS equivelents and b) poorly interoperable and difficult to use.

    I'll disagree that MS dominance is receding, but the rest of that is spot-on.

    There have been multitudes of posts exalting Thunderbird as an "Outlook replacement" just because it happens to be an ok mail client, meanwhile they miss out on what a powerful combo Exchange + Outlook really is. Posts blasting ASP.NET because "PHP can do the same thing". I've even seen posters tell people that open source is better because all users could fix bugs and recompile, while disregarding the fact that 99% of computer users won't want to do that. Comparing single products to components of a larger solution is silly. I've seen a few posts, and they are rare, lucidly explaining that on a long enough timeline you could theoretically pick all the best FOSS components and test them together but it's unrealistic.

    My other pet peeve is all the "web developers" here who proclaim that they design sites that "tell users to upgrade to a real browser like FireFox or Opera". Statements like that smack of classroom-naivete and a lack of "the customer doesn't care about your religion" reality.

    Even the grandparent poster was bold enough to state that MS and its developer base hasn't made a contribution to computing... wow, that's ignorant. Apparently if you don't invent a protocol, you're not a contributor! I hope all the hobbyist devs who wasted time on small sourceforge projects didn't read that. Meanwhile, almost every company I do business with has some small custom app that was developed for them by a small MS developer. Ease of development is highly underrated on this site.

    Bottom line- I use a lot of C#/ASP.NET because it's the easiest and fastest tool for me to roll out quick cheap apps for small customers who don't need enterprise reliability and speed. Not only that, but I can turn to MSDN and find examples and implementations for most functions that I have questions about. Try to figure something out by reading the PHP.net documentation, it ain't gonna' happen. Unfortunately most of the people on here would rather scream that VI is a better IDE than VS2005 instead of realizing that the real-world is not like a classroom and different jobs require different tools.

    1. Re:Well, this is /.... by lawpoop · · Score: 1
      I didn't say that MS doesn't make good tools, but my point they are totally a vertical platform. Once your are in MS land, it is very expensive to get out. You would have to abandon everything you've developed and start from scratch.

      Apparently if you don't invent a protocol, you're not a contributor! I hope all the hobbyist devs who wasted time on small sourceforge projects didn't read that. That's right. I've the great stuff you've made only works on your system, and doesn't interoperate with other systems, you've only helped yourself and your systems, not any body else. Can you name a MS solution, application, protocol, or anything of significance that has left the Windows platform and found it's way to Unix or OSX? Or something that runs on mainframes or non-Windows clusters?

      There are plenty of open source applications that are similarly dead ends, vertical platforms, and single problem solutions. However, there are a great many things, such as Apache and Postgres, that work on any flavor of Unix, uncluding Solaris, BSD, OSX, and Linux, and also Windows.

      I'm in a situation that's a case in point. I have an 8 week contract at a local University to get a web database system up and running. We're putting Apache, PHP and Postgres on a Win2k3 server. Last week we began the install of the Win2k3 server, but our license code the vendor emailed us was not valid, for whatever reason. We just got the valid code now. We would have been a week behind had I not put Debian + Apache, PHP and Postgres on the server and began development. Now if we had been waiting on our MS license, we would have been behind a whole week on an 8-week project. I would have been twiddling my thumbs for a week.

      If we ever have problems with our Win2k3 server, it's nice to know that Tux is waiting there in the background, ready to pick up the slack.
      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    2. Re:Well, this is /.... by RightSaidFred99 · · Score: 1
      Mono and Samba come to mind, as well as the many clones of the Windows interface available as X desktop environments/window managers. As for Apache, it's difficult to argue it's use on Windows when IIS is available. In fact, the only time I'd use Apache is if I had to - e.g. I had to run on UNIX for any of various reasons. Another point I'd point out is that Active Directory may be the catalyst to finally bring UNIX into the Kerberos age. Of course I absolutely realize that Kerberos came from the UNIX world, however its adoption has been poor. Many organizations are now moving to a single sign on solution based on Active Directory.

      Another day that's past is the day when Apache was a better web server than IIS. This day is especially past when Longhorn finally comes out. Not knocking Apache, if you need to run on UNIX it's absolutely the best and really only logical choice, but seriously - IIS is hard core now, it's not 1996 anymore.

      Still, the point isn't bragging rights about who "invented the interwebs" or which platform's dad can beat up the other platform's dad. The point is that in many application domains it's far easier to develop quality software on the Windows platform than the UNIX platform, and this is because Microsoft provides far superior development tools. Seriously, go look at WCF and WF and how simple it would be to create a Kerberos enabled web service that has policy injection, consistent logging, and workflow based business logic that uses SQL persistence and SQL stored procedures written in C#. Same on UNIX? Pretty difficult and far more time consuming. It's very powerful shit.

      I will give you one thing - all of the above makes the most sense in a corporate environment where MS tech is "free", meaning it gets paid in a lump sum and you can use whatever you want from MS. If you have to pay for the shit as a small group/business then cost definitely becomes a factor.

    3. Re:Well, this is /.... by lawpoop · · Score: 1

      Mono and Samba come to mind, as well as the many clones of the Windows interface available as X desktop environments/window managers. Mono is not complete yet, and Samba is simply there to allow Windows/Unix interaction. I don't think it's too popular for filesharing in a fully Linux environment.

      As far as Gnome or KDE 'copying' Windows interface, everything that MS introduced in Windows was either done in Mac or X first. So again, MS really hasn't brought anything new to the table. Active Directory might be a good candidate for an MS technology that 'escaped' to another platform. Let's see if it happens.

      My point about Apache is that it runs on both Unix and Windows. Again, it's a technology that was developed in Unix and is available on Windows. IIS is a good webserver, but it doesn't run on Unix. MS probably never would have written IIS if they weren't facing competition in the server arena from Apache running on Unix. MS has borrowed and copied a lot from Unix and Open Source, but they really haven't given anything back. MS only helps themselves, not computing in general. I'm not saying that's bad -- MS is just a corporation, and their only goal is to make money. But they don't have *my* best interests in mind. I've gotten much more benefit, as far as the software available to me, from the open source community, and the kick in the butt they've given MS.

      Again, I'm not saying that MS doesn't make good software, or that their tools aren't great to use. What MS is good at is copying other's technologies, integrating it into their products, and delivering it to the market. Linux and open source still suck at that. I agree that you can make powerful software on MS systems, but my point is it's vertical, and it's a vendor lock-in. If I develop an application or system on Solaris, and I decide I don't like Sun for whatever reason, I can move to Linux, BSD, or OSX with little cost. If you've developed this great Windows system, and you decide you don't want to deal with MS for whatever reason, MS still has you by the short hairs. You can't move without abandoning all the work you've done.

      Still, the point isn't bragging rights about who "invented the interwebs" or which platform's dad can beat up the other platform's dad. No, that's exactly the point I'm making. I don't understand why you're always trying to avoid the point. I don't care about 'bragging rights'; I care that the open source community *actually gave us* the internet. That's right -- if it were up to Bill Gates, we'd still be getting CDROMs of MS Encarta in the mail. MS hasn't done anything for me, or to introduce new technology to computing in general; they've only helped themselves. They have no incentive to produce new technologies if they weren't facing competition from open source and Mac.
      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    4. Re:Well, this is /.... by lawpoop · · Score: 1

      Mono and Samba come to mind... The point you've missed *again* is that Mono and Samba are not technologies that MS gave us. Mono and Samba are gifts from the open source community created with little to no help from MS, amidst some ambiguous legalistic threats from MS. MS technologies unwittingly became a 'standard' when the open source community reverse engineered them, against the wishes of MS.

      Again, so far, nothing from MS has advanced computing in general, other than to support other MS products and the Windows monopoly.
      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    5. Re:Well, this is /.... by JacksBrokenCode · · Score: 1

      That's right. I've the great stuff you've made only works on your system, and doesn't interoperate with other systems, you've only helped yourself and your systems, not any body else.

      I think you missed my point. Their contribution is the ease-of-development that they've provided to developers who want to use their solutions. Unfortunately for the broader community, this is something that can only serve as an example and not a usable solution. If I could go to PHP.net and look up a function name and instantly see what parameters it takes, what it does with those parameters, and an example of how to use it I'd probably be using PHP more. Unfortunately it's easy to drag out examples of PHP.net "documentation" where a function is poorly documented with no example and then there is a thread of comments beneath the description and half of the comments are saying "so-and-so is wrong, you should do it like this..." This usability is not something that can be extended to helping other languages/solutions/platforms so of course you can't say "Microsoft's ease-of-development has been ported to Unix", but it's definitely a model that other software companies could learn from.

      There is a vast collection of custom software that has been written for small businesses that will never help "the community" and that should be OK. The fact that such software has been written is a help to the community even if the software never helps more companies than the 1 that commissioned the contract. It's amazing that even small companies can now be automated and online and that's not because some geek in his basement thought up The Perfect open platform but because somewhere along the line development was made easier and less-skilled people could enter the software-development workforce. This influx of people drove down the cost of low-end work and made computers & software affordable and useful for small businesses. If you're some uber1337 coder you can probably still make a living doing stuff that some dumb MCSE can't, but the fact that he can't do what you do means he will provide a service for that small business that probably can't afford you. It's an ecosystem, everything influences everything else whether you recognize the contribution or not.

      Can you name a MS solution, application, protocol, or anything of significance that has left the Windows platform and found it's way to Unix or OSX? Or something that runs on mainframes or non-Windows clusters?

      How about people all over the world being online? The ubiquity of Windows has made it easier for less-computer-literate people to use technology. This is evidenced by the glut of botnets & viruses. If these were computer-savvy people, there wouldn't be as many problems. Windows was able to do something that *nix couldn't: get common people online. Linux is getting more usable for people so maybe "usability" is a concept that has been exported from Windows to *nix. Please don't think I'm flaming *nix - I know how powerful it is and I know how much geeks like their command lines, but I also know how much grannies just want to press "on" and click "email". Mac has aimed for this ease-of-use so it is by no means exclusive to Windows, but there's a reason that Windows is 90% and Mac isn't.

      If you want a specific technology, how about XMLHttpRequest? It was created as an ActiveX object for OWA and as such wasn't free as in speach, but the idea was good enough that it's now a native JavaScript object for all modern browsers.

      However, there are a great many things, such as Apache and Postgres, that work on any flavor of Unix, uncluding Solaris, BSD, OSX, and Linux, and also Windows.

      That's cool. So what? If a person views my clients' website, they don't give a shit whether I'm using Apache or IIS, Postgres or MSSQL, .aspx or .php... all they care about is that the site renders properly and they

    6. Re:Well, this is /.... by lawpoop · · Score: 1

      So because your software vendor couldn't get his shit together Windows is a bad platform? That's silly. And if you'd downloaded Debian and burned install CDs and forgot 1 at home, would that have meant that Debian + Apache was a bad platform because you were delayed a day due to a person's incompetence? That's extremely silly. I don't think it's silly. It's all about availability and making sure your in compliance with a license. If we want to get up and running with a server, we can slap Linux on any old box they have running, and have all the tools at hand to do server email, ftp, web, database connections, and do backups, without purchasing additional licenses from anybody.

      I was in the same situation a few years ago at an office a few years ago where CDW couldn't get us an Exchange license they sold us for a month. Eventually my sales guy escalated me to an MS rep where they tried to sell me on the MS software assurance service (or whatever it was called) and MS small business server. I was pissed. Can you imagine me telling my boss we need to buy something else to get what we already paid for? Finally they shipped me the disks. I had to pass on to my boss for an entire month whatever BS reason CDW gave me for why they sold us a product they didn't have in stock. I don't need vendors making me look incompetent. With Linux, I download it, install it, it's up and running, and I look good, competent, and productive.

      I didn't need to burn any CDs at home. I just turned around to another XP box at the office, downloaded the isos and burned them. With debian, I just downloaded the first CD to install the base. I didn't install any other packages from the CD; I just did an apt-get for all the software I needed and they downloaded and installed automatically from mirror sites.

      We've got plenty of boxes. Most places I've worked at have plenty of machines. If we want to put a service on another machine, we don't have to worry about buying another license or purchasing a site license.

      I've never developed in C# or asp.net. It's probably great. I'm weary of getting locked in to MS, though. If we have a problem, what other OS vendor can we turn to without ditching all of our code? Is somebody going to call the Piracy hotline on us because we have an office install that was not licensed? Will they audit all of our computers? Sounds risky to me.

      PHP documentation can be shoddy in places, I guess. I've never had a problem. There's plenty of freely available, working code out there in packages such as discussion boards that you can examine and reuse. I've never had a problem with PHP, either understanding it or finding the knowledge that I need. I'll take the rest of your commentary at face value.
      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    7. Re:Well, this is /.... by JacksBrokenCode · · Score: 1

      I don't think it's silly. It's all about availability and making sure your in compliance with a license.

      Availability is definitely a great thing, but it's hard to fault a product/solution/platform due to the incompetence of a third party (CDW). I do see your point about the ease-of-aquisition though and I can't/won't argue against that.

      The lock-in thing is an issue, but at least for my situation it's rare that I have to contemplate switching to a different OS so it's a very small issue for me.

      PHP documentation can be shoddy in places, I guess. I've never had a problem. There's plenty of freely available, working code out there in packages such as discussion boards that you can examine and reuse. I've never had a problem with PHP, either understanding it or finding the knowledge that I need. I'll take the rest of your commentary at face value.

      I don't have a huge problem finding answers to my PHP questions, but generally I have to try a couple different discussion boards before I find what I'm looking for. Then I have to check the code and make sure that it appears they're doing what they say they're doing and then check to see if somebody further down the same discussion said that the first poster was completely wrong and it should be done a different way. With MSDN there is a certain trust level. I don't double-check every line of code because I trust that MS is not going to screw me since I'm developing for their platform.

      It seems that the biggest difference is where the convenience is balanced. With licensing & deployment it's more convenient to go open-source, but development is more convenient on MS platform (at least in my experience).

      To each their own, I'm just happy that VS.php exists so I can write PHP in VS2005. It's not quite as clean as native C# code but it still beats switching back and forth between IDEs (even though Wing is pretty kick-ass).

    8. Re:Well, this is /.... by Anonymous Coward · · Score: 0

      Apart from what the siblings said it's also worth pointing out that SMB doesn't originaly come from MS.

  93. Boycott TestDriven.NET. by DavidMarkle · · Score: 3, Interesting
    How about some facts?

    If only people would stop and dig through the facts, you'll see that Jamie Cansdale not only acted in bad faith by first agreeing to withdraw support for the VS.NET plugin, then turning around only one day later and re-offering support for it in the betas of Visual Studio.NET Orcas. Let us for the moment concede that perhaps Jamie has some sort of valid legal case for continuing to offer his Add-in. Even if that were so, let's read the text of his letter to MS's lawyers, shall we?

    " ...we the undersigned hereby jointly and severally: ... undertake ... never again in future (whether acting by ourselves, though agents or third parties, ... etc etc... to make such or any other similar offending products available for sale or otherwise on that or any website, or through any other medium ... We understand that our undertakings in this letter are undertakings to the Court and we are aware that any breach of them may be treated as a *contempt of court*. [Emphasis added by me]"

    Wow. That's a pretty strong statement. That means that by re-offering the plugin for Orcas after shipping this letter, Jamie has said that he's willing to go to jail. Perhaps he'll learn some sense of ethics there.

    Jamie Quells Dissent on his Blog

    You probably won't hear me paraphrase Chuck D much on this blog, but don't believe the hype. Why not? Well, I as well as others (see Eric's post) have tried to write entries in his blog telling him that he's in the wrong on this issue. Somehow our posts never made it to his blog! Surprise! I wonder if it's a bug in his blogging engine. Or perhaps Jamie doesn't want to have a backlash against him start on his own weblog.

    TestDriven.NET is not Free Software

    If you read most of the responses to this story in Slashdot, or (believe it or not) Jamie's blog, you'll probably be led to believe that TestDriven.NET is free, open-source software, and that Jamie Cansdale is a lone developer, toiling away for the sake of the community, and being bullied by the 800 pound Gorilla that is Microsoft. Nothing could be further from the truth. TestDriven.NET costs$95 per user. Want an enterprise license? That'll be $10,500, please. Some have made the patently ludicrous claim that Jamie does give the software away for free. Not if you're using it professionally, he doesn't! His licensing terms are... wait... that's the next section! Stay with me here, this is the best part!

    Jamie's License is Just as Bad

    It's time to play a little game, boys and girls. The game is, "let's guess whose license agreement this is":

    " ...you may use the software only as expressly permitted int his agreement. In doing so you must comply with any technical limitations in the software that only allow you to use it in certain ways... You may not work around any technical limitations in the software..."

    versus:

    " ...Licensee shall not, and shall not permit others to ... use the Software in any manner not expressly authorised by this Agreement."

    Sound pretty familiar, don't they. The same clause that Jamie complains is vague, irrelevant, and unenforceable in the MS license is pretty much exactly the same in the TestDriven.NET license. Jamie Cansdale is a hypocrite, and he deserves to be exposed as such, and punished.

    TestDriven.NET's Real Functionality comes from Software that is Free

    For those of you unfamiliar with the product, TestDriven.Net is basically a plug-in for Visual Studio that allows developers to run NUnit, MBUnit, and NCover tests with a click of the mouse, or a quick keystroke. It performs a few other functions, but that's about it. These products are all open-source and free. Others have labored long and hard to generate these tools, and Jamie ships them with his non-free product. All of the heavy lifting is done by these utilities -- TestDr

    1. Re:Boycott TestDriven.NET. by Anonymous Coward · · Score: 0

      poor poor Microsoft. Big corp cant scare small developer with vague EULA.
      poor poor Microsoft. developer team cant code the product the way they whant it... just cut parts from the pro

      your mistake bunch of bullies, get over it.

    2. Re:Boycott TestDriven.NET. by DavidMarkle · · Score: 1
      First off, I just got word that the letter from Jamie to MS was actually not written (or, I suppose) signed by him. Thanks to Jonathan for pointing out the error on my blog -- I read that letter wrong, and I'm sorry about that. I withdraw my comments about that issue (post edited on my blog). But even though he didn't write that letter, I think that the bad faith argument still stands if you look at his correspondence with MS on February 26th. It's just too bad that Jamie never felt the need to post my reply to his original response on his blog (see: Jamie Quells Dissent...), or I could have been set straight on this one issue earlier. Has anyone considered that maybe Jamie is in violation of the GPL? I quote Section 2b) of the GPL:

      You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
      It clearly says _all_ third parties. Not just certain *classes* of users. From his website:

      An enterprise licence is required if you wish to make TestDriven.NET available for deployment on multiple machines (i.e. if you're distributing the TestDriven.NET installer from a network share).
      I thoroughly believe him when he said that he started TestDriven.NET as a hobby. But later on, he decided to make money off of it. That's his prerogative, but if he's going to do so, he should play by the rules.
    3. Re:Boycott TestDriven.NET. by strikethree · · Score: 1

      You have managed to put a whole new light on this... and I still could care less. EULAs are evil, one sided contracts that should never have been attempted.

      I could care less if Jamie made a million dollars. I could care less if Microsoft managed to sue Jamie for a million dollars. They are all a bunch of evil bastards who think that they can control the software that they create after someone else takes possession of it.

      I will interact with software in any way I want once I have it in my possession. You GPL freaks can whine about how I write something that is not GPL that interacts with your libraries and kernel. You Microsoft freaks can bitch and moan about how a plugin is not supposed to work with some piece of software that you wrote. Get over it.

      Linkings, bindings, etc can not be controlled through legal means. Myself and others will not respect any laws that back such untenable positions. You have no control over how I use your software or release software that might interact with your software.

      strike

      --
      "Someone needs to talk to the tree of liberty about its ghoulish drinking problem." by ohnocitizen
    4. Re:Boycott TestDriven.NET. by Perey · · Score: 1

      Yes, this is basically just a big MS bash-fest for the Slashdot crowds. Yes, Cansdale is not an open source hero, nor are his hands completely clean in all of this (whatever the legal truths, and whatever the hypocrisy of Microsoft pointing this out, it does look like he's acted in bad faith on some points). But that doesn't change a few basic things. Like why people here are bashing MS. Anything Cansdale might have done won't diminish the inherent flaws in MS's position, particularly how the sole EULA clause 'forbidding' his work probably doesn't apply, since it appears the Express edition is not 'technically limited' from loading add-ins after all.

      And please don't make Cansdale's position sound worse than it is. You've already 'fessed up to misreading MS's form response for something Cansdale wrote himself, so thank you for that. But just how exactly do you find those two EULA clauses to be 'pretty much exactly the same'?

      You may not work around any technical limitations in the software.

      Vague. You can't do anything that's been 'technically limited' by the software. What constitutes a technical limitation, and what is simply beyond the scope of the product? Taken to the extreme... Express is not a 3D action game, so you may not work around this by installing any 3D action games on your computer. Basically, this means, 'We don't want people to do certain things with Express. We define what those are. No, we're not giving you a list, otherwise we won't be able to change our minds later.'

      [You may not] use the Software in any manner not expressly authorised by this Agreement.

      Very specific (albeit contingent on how specific the rest of the EULA is). 'If we don't specifically list it, you can't do it.' This lays everything out in the licence. No changing one's mind later.

  94. Microsoft is doing the same! by Valdukas · · Score: 1

    I am surprised no-one posted a link to Microsoft's Popfly project - here's the page that has a screenshot of Popfly add-in, that is being developed by Microsoft, and it is installed in Visual Studio Express edition!! I think this alone should get them laughed out of court...

  95. Yes he did -- mod parent down! by dhavleak · · Score: 0
    If you read the blog properly you would realize the argument is really simple:

    • MS makes VS Express available for the masses that do programming as a hobby
    • MS makes no money off VS Express
    • Hence MS needs to differentiate between VS Express and other editions (from which they make money)
    • Prohibiting add-ons is one way of doing that
    • MS has many (and much bigger/commercial) parters in the VS ecosystem
    • If MS allows Jamie to break the rules - why should the other partners play by them?
    • If the other partners stop playing by the rules (and write extensions for VS express) one of the distinguishing points between VS Express and other editions is lost. Result: lost revenue
    • They asked nicely for over two years and now they're gonna go after the dude for making the add-on available for VS Express

    Now you can debate business models, open source paradigms, yada yada but the fact of the matter is, without VS Jamie had nothing to write an extension for. Why can't he play by the rules?

    There's also the mindset of "Jamie is small fry -- MS going after him is just pure sadism". See the point above about the mushrooming effect this can have with other partners. Jamies action has the potential to cause a negative financial impact to MS. Why should they take that risk?

    Bottom line: TFA is not really news. It's been a dry day for MS bashing on /. so something stupid had to be posted..
    1. Re:Yes he did -- mod parent down! by Volante3192 · · Score: 1

      Why can't he play by the rules?

      Where, exactly, does it say "You cannot make addins for VS Express" in any agreement? No, you can't refer to the feature table. Specifically, this is something that belongs in the EULA. Microsoft might consider it a loophole, but they would need to change the licence to apply it, not try to close the barn door after the cows leave. (Course, then we get into the gray area of updating licences and that's a whole nother topic...they could just release a 'Critical Update' and modify the EULA...)

      Licences explicitly state what cannot be done with software, thus everything else is implied allowable. Forbidding addins was not part of the VS Express EULA, thus it was implicitly allowed.

      They asked nicely for over two years

      They danced around Jamie's question for two years, failing to answer his otherwise simple question with grandstanding. Did you even read the dialogue? MS people consistantly evade the question and instead recite some marketing/legalese hybrid. What would be so hard with "section 13, paragraph 2" or whereever the specific clause is?

      What I particularly liked is how different the following dialogue played out:

      "Since I'm not a lawyer I shouldn't comment on the license. However if
      you read the Express SKU EULA you'll see verbiage around reverse
      engineering, and if you read the VS SDK license (the license that covers
      all native API's that you're accessing when you QueryService from your
      add-in) you'll see additional terms that are relevant to your hack.
      Sorry that I can't be more specific, but I'm just a developer"

      That was Dec. 9th, 05, from Jason. One month later, this, also from Jason:

      "After speaking with Jason Weber from Microsoft I realized that by
      adding features to Visual Studio Express I was in breach of the Visual
      Studio license agreements and copyrights. I have therefore decided to
      remove support for the Visual Studio Express SKU's from TestDriven.Net.
      Jason was very supportive of TestDriven.Net's integration into the other
      Visual Studio 2005 products and I was invited to join the VSIP program.
      This would allow me to fly to Redmond each quarter and work closely with
      the Visual Studio development team on deeper integration."

      Jason, of course, is just a developer. Why should Jamie even consider namedropping him? On a personal note, I think Jason should have forwarded this request on to the legal department. Seems like a missed opporotunity. Jamie too, but I could see him being rather scared dealing with the Microsoft Nazgul; if it was internally done, legal may have been nice about it.

      Think about it, what if MS suddenly just ups and says "Oh, no one can use any non-Microsoft software on Windows, it violates the EULA." Would you go, "oh, ok" or ask "where exactly in the EULA does it say that?" It might be an extreme example, but...how'd that poem go..."but there was no one left?"

  96. mod parent waaay up!! by dhavleak · · Score: 0

    Read it, and you will know all you need to about this article. I'll say it again. TFA is not news. It's just been a dry day for MS-bashing on /. so something stupid had to be posted.

  97. Culture of the Closed: The Angry Proprietary Model by rjamestaylor · · Score: 1
    It has been so long since I existed in the Closed Culture that I forgot what it was like when Microsoft's stance (namely, "we made a business decision to limit add-ons and this violates the EULA and ethos of the product") seemed reasonable. Being now 10 years in the Open Culture, or, more directly, the Free Culture, I cannot imagine such a scenario occurring where a beneficial add-on developer would be excoriated from participation.


    The idiocy of Microsoft to oppose their CUSTOMER's interests (yes, not only this developer; they are fighting their customers here) is astounding.

    Must be the Last Days for this model, which I will name the Angry Proprietary Model. It's different than merely Proprietary. It's Proprietary with a will to attack customers and developers adding features to one's products.

    --
    -- @rjamestaylor on Ello
  98. Next Steps by jwilhelm · · Score: 1

    The next steps seem clear:
    1) Microsoft should show exactly which clause of the license they believe is in breach.
    2) Jamie should explain how what he is doing is not a hack, and detail the publicly available methods he is using for integration.
    3) Microsoft should have to prove that what he is doing is a hack, and detail the undocumented methods he is using for integration.
    3) Microsoft should explain how PopFly integration into Express is different than TestDriven.Net integration into Express.

  99. Freedom to Innovate by cabalamat3 · · Score: 1

    Doresn't Microsoft have a "Freedom to innovate network"? Perhaps they couls change the name to "freedom to prevent others innovating".

  100. Why not sell coupons for the add-in, Jamie? by Anonymous Coward · · Score: 0

    Worked for Microsoft / Novell.

  101. In definite need of a LART by alexo · · Score: 0, Flamebait

    It is also violating the copyright on the product b/c you are now changing the product in ways it was not designed to be changed and to which you have not been granted rights.

    You, sir, have absolutely no idea what you are talking about.

    In the age of Google and Wikipedia, there is absolutely no excuse for not making the minimal effort of checking the meaning of the terms that you use.

    Turn your brain on and get a clue about what "copyright" is and isn't.

    Until you learn how to use the grey matter between your ears properly, please don't
    - post
    - talk
    - breed
  102. They already have released a Unit Testing solution by Anonymous Coward · · Score: 0

    It's part of Team Foundation Server and it actually does many other things, at the tune of $40k PER DEVELOPER.

  103. You uneducated philistine! by Builder · · Score: 1

    I'm sure you mean well with your analysis of this announcement, but damn, what an uneducated git!

    I mean, really...

    burn his houses, rape his cattle, and ride off on his women.

    We rape the horses! Cattle are for eating, not raping!

  104. Ultra...noob! by Anonymous Coward · · Score: 0

    Only an ultra noob would use Ultra Edit. Vim FTW.

  105. How to satisfy MS and still get your own way: by Anonymous Coward · · Score: 0

    1) If you just write TestDriven.net for the 'pro' version, Microsoft will be happy.

    2) If you (or someone else) open-source (GPL) the loader code for loading 'pro' add-ons into Express, but do not distribute it personally, Microsoft can't do anything about it.

    If you make the open-source loader code compilable by Express, then your product will also support Express, even though you personally, do not. Other products may also now help Express users.

    3) Start using your skills to help the open source community, not Microsoft.

    Can anyone see any flaws with this approach??