Slashdot Mirror


Groklaw Explains Microsoft and the GPLv3

A Groklaw Reader writes "After all the questions about how the GPLv3 will or won't apply to Microsoft following Microsoft's declaration that they weren't bound by it, PJ of Groklaw wrote this story about how and why the GPLv3 will apply to Microsoft. Specifically, it covers in what ways Microsoft would convey GPLv3 software under the Novell agreement, and how Microsoft's refusal to allow previously sold vouchers to be redeemed for GPLv3 software would impact that agreement. Given that Novell has said that they will distribute GPLv3 software, Microsoft may have had the tables turned on them already."

8 of 349 comments (clear)

  1. BOOM by gustolove · · Score: 5, Funny

    HEADSHOT!

  2. What matters is enforceability by JordanL · · Score: 5, Insightful

    People are going back and forth about whether or not the GPLv3 will apply to Microsoft, but the real crux of the deal is that it won't matter if there is no one that both has the resources and the motivation to force Microsoft to comply.

    How could it possibly stop Microsoft from doing anything they do as long as no one has the money or the reason to take them to court over it and see it through completion. IBM is the only company I can think of that would really have both, and Microsoft isn't stupid enough to violate any of IBM's licenses, nor is it strategically positive for IBM to place themselve directly against Microsoft right now either.

    Otherwise, who are we really expecting to take Microsoft to court? Novell? The Free Software Foundation? Please... Microsoft has been stalling the sum total of *Europe* for almost half a decade, if you think Novell or the FSF is going to force Microsoft to comply witht eh GPL you're delusional.

    1. Re:What matters is enforceability by Enderandrew · · Score: 5, Informative

      Europe found Microsoft guilty of anti-trust violations and made Microsoft release a version of Windows without Media Player, to which they complied. The EU also made Microsoft pay a half-billion dollar fine, which hurts no matter who you are. They have had to pay further fines as the EU has declared Microsoft hasn't done enough for interoperability, and forced Microsoft to release source code.

      It sure seems to me that the EU has been hitting Microsoft pretty hard.

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    2. Re:What matters is enforceability by ozphx · · Score: 5, Insightful

      US: $214.99

      Europe: £184.98 ($371.92)

      Yup. The EU sure showed them!

      Want to take a bet that MS is expecting to sell more than 3 million (1/2 billion / $150 delta) copies of Vista in Europe?

      Heh. I'll take double or nothing on "this is inline with MS's estimates when they got involved in the legal process". ;)

      --
      3laws: No freebies, no backsies, GTFO.
  3. Re:Microsoft Vouchers by QuantumG · · Score: 5, Insightful

    You have to be a little crazy to stand for freedom in today's world.

    --
    How we know is more important than what we know.
  4. Nobody's really going to go that far. by Kadin2048 · · Score: 5, Insightful

    Right, because lefties aren't influenced by money? Microsoft has billions of dollars in cash, more than enough to buy whatever politicians happen to be in power.

    Corruption isn't just a conservative phenomenon. By the time you get to the White House, unless you end up there by mistake, you're already crooked. The process of getting there guarantees it. I'm sure Microsoft slathers its campaign contributions around so that no matter who wins, they owe Redmond a few favors.

    The only reason any politician would ever break up Microsoft would be if they thought they could somehow capitalize on its demise, and I don't see any reason why that's possible. You don't win votes by torpedoing one of the crown jewels of the U.S. economy and its economic dominance, even if you're a leftist. There might be some saber-rattling, but it's not going to be anything serious.

    Your faith in one batch of weasels over another is cute, but ultimately I think you're just setting yourself up for disappointment.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  5. But *copyright law* still covers them! by Xenographic · · Score: 5, Interesting

    > She is under the impression that issuing a coupon is the same thing as distributing

    No, no she's not. The GPLv2 limited itself to distribution, but copyright law has fun theories of secondary liability, etc. The GPLv3 expands the scope that it covers to something close to the full scope of what's covered by copyright law.

    Did everyone but me forget just how BROAD copyright law is? It covers loads of crap. Just like I can't sell warez vouchers for Joe'z Warez Sitez which happen to be hosted in a copyright-hostile country and claim no liability, you can't "procure the conveyance" of GPLv3 software as a license dodge any more. Yes, you COULD dodge like that under the GPLv2, but only because the GPLv2 said you didn't need permission for anything but distribution. But not any more, because the GPLv3 forbids it and copyright law says you need permission.

    The rules have changed, folks. The GPLv3 is stronger, because it takes advantage of the ridiculously strong copyright laws that are so prevalent. But it really shouldn't matter much unless you dislike things like compatibility with the Apache license or planned to undermine people with weird software patent threats.

  6. Follow the money and the votes. by Kadin2048 · · Score: 5, Insightful

    And, on the topic on hand, a Democratic government is *significantly* more likely to break up MS than a Republican government. The notion that this isn't so is extraordinarily absurd.

    I'm not sure what you mean by "significantly," given that I think the odds of either party doing it are so vanishingly close to zero that it's hardly worth pretending that it's on the table.

    You couldn't disassemble Microsoft, in the current climate (monoculture and dependence), without risking a huge upset in the tech sector. If Redmond catches a cold, the entire economy would feel it. And "it's the economy, stupid." Being 'pro-consumer' doesn't count for much if you're perceived to be bringing on the next dot-bomb.

    If anything, Democrats depend far more on the high-tech sector of the economy than Republicans do for support, particularly corporate support. In recent years, Microsoft (and its employees) has been a major Democratic donor (#30 overall -- even bigger than the NRA and just beneath the AFL-CIO); in both '04 and '06 they gave the majority of their donations to Democrats.* Their employees are overwhelmingly Democratic donors and voters as well. Not to mention, Microsoft is also deeply in bed with the entertainment industry, another Democratic stalwart.

    The political philosophy of either of the major parties is basically irrelevant; their actions are virtually always predictable by looking solely at their sources of funding and votes. Democrats are funded by the high tech industry, and many of their core constituencies are people who work in the tech industry, or are from areas (major urban centers) that depend on high-tech industries. They're not going to wreck that gravy train.

    * Source is here although I'm not sure the deeplink will work. You can just search Opensecrets for Microsoft Corp.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."