Microsoft Was Distributing Ubuntu Linux
ausage writes "Groklaw has noted that for the last few days, Microsoft has been distributing Unbuntu Desktop Linux from the Windows Marketplace Website. The page is gone now, but can still — as of this morning — be seen using Google cache. 'Heaven only knows that's true, simply perfect for laptops, desktops and servers. The part Microsoft got wrong is it says the license is "Free" and "No limitations". Actually, the GPL does set some limitations, like what you are responsible to do if you redistribute.'"
Also...Like...Damn.
Unpleasantries.
Well, it wouldn't be a violation of the GPL, but it would be hard for them to make a serious lawsuit threat for using software they gave you.
(IANAL)
That makes a lot of sense, either that or a Microsoft grunt was playing a practical joke (whoever is responsible: they're playing with chairs IMO).
The breadcrumbs for that page backup your theory:
Pretty weird place to put the download if they meant to be distributing it. :)
I'm going to transform myself into a mighty hawk. Either that or I'll just go and work at Dixons, haven't decided yet.
You also have the debate as to whether they were a distributor or merely a Vendor. If Staples carries a boxed copy of RHEL, they're not bound by the GPL anymore than they're bound by the EULA for Windows for carrying Vista.
Since it wasn't a Microsoft-Branded product, and was in their "Marketplace" area, not their downloads, they probably haven't incurred any liabilities at all.
-Pope Peter Porker, S.O.W., K.M.K.R., U.G.O.A., F.S.G.S.D.
Compare the current page with the cache.
Looks like they took the entire "Driver Downloads" category, the one that Ubuntu was in, down.
Also, Notice what category Download.com has Ubuntu under. BIOS & System Updates, same as the Microsoft page. So I'd wager that Microsoft was using a script to aggregate download links rather than do them by hand.
So, no joke by a Microsoft employee or anything like that.
That actually might make this a good case for the EFF. If they sue Microsoft, Microsoft's defense will be:
We didn't distribute it -- we just pointed people to a place that was.
At which point, the we'll have legal precedent for the defense of BitTorrent trackers. If the EFF loses, we get precedent, if they win, the MS patent threat is neutralized. Sounds like a good idea to me! (But IANAL).
The real litigious bastards...