Linspire/Microsoft Agreement Useless to Users

Stephen Samuel writes "Groklaw host PJ has dissected the 'patent peace' agreement between Linspire and Microsoft, and has determined that what Linspire agreed to is next to useless for many users. Essentially, under the agreement Linspire software is almost unusable: 'You can't share the software with others, pass it on with the patent promise, modify your own copy, or even use it for an "unauthorized" purpose, whatever that means in a software context. You must pay Linspire for the software, but then the "covenant" says to use Linux, you must also pay Microsoft. That payment doesn't cover upgrades. Linspire said it was absorbing the initial fees, but I don't know about upgrades. New functionality means you lose your coverage or presumably must pay again.'"

Comments

Agreement useless to users?

[RuBLed]

Isn't it much more like Linspire/Microsoft Agreement makes Linspire useless? Additionally, that is an understatement also since the general idea of useless is that you won't get anything good from it. In this scenario, it should be Linspire/MS Agreement Toxic to Users.

Re:Agreement useless to users?

[jimicus]

Isn't it much more like Linspire/Microsoft Agreement makes Linspire useless?

Darn! Bet MS never saw that coming!

Sidenote: Do any of these companies signing these agreements actually read them? Because so far most of the agreements seem to be designed to stop the Linux distributor from distributing Linux. Either that or there's some massive get-out clause in all of them which everybody else has missed.

Re:Groklaw?? How about objective analysis instead?

[pe1rxq]

How about objective analysis instead?

How about reading the article and point out some actual errors in it?
I did, and most points she makes seem valid to me...

What facts did you use for your objective analysis of groklaw?

Missing the point...

[Genda]

So I'm no Kreskin... but M$ has never been subtle about it's desire to pretty much play Mongul Horde all over the face of modern computing. I think this is clearly M$ pulling an old tried and true lan out of their own gamebook and simply reverting to business as usual. I'm guessing the plan will look something like;

• Swallow a few tiny Linux distros whole, and at least assimilate them sufficiently to make certain that they can sing and dance like another Borg Drone.
• Claim that they're just like all the other Linux players, except they have that fresh new minted by M$ smell, ummmmm can't you just smell it.
• Play to the businesses that have migrated to Linux, and say "Y'all can come back home now, we're ready to give you want you're craving."
• All the while embedding their own crap throughout these bastard Linux babies, copywriting and patenting new code and software functionality, and DRM, and spyware, and embedded bits of their toxic dreck throughout the distros.
• They'll try to lay claim to things that don't belong to them, but they'll plead they were just trying to cover their proprietary code, muddy up the copywrite water and try desperately to tie real innovation up in a rats nest of layers, so in 5 to 7 years when they release their next real OS, Linux will be sufficiently hamstrung so they have a chance to compete. Or I'm guessing that's at least their hope.
• In the meantime, they'll vascilate between pretending to play nice, making vague, obscure, or veiled threats, making strategic partnerships with folks who want to coexist peacably (with absolutely no intention of playing nice), and all the while looking for ways to slip a sharp instrument between the 5th and 6th rib of this upstart OS that has caused them so much grief.

Have I missed anything? Probably. Y'know, if they put aside this whole Genghis Kahn, I gotta own the whole freakin world mentality, and just started committing themselves to doing good things for humanity... the rest would take care of itself. Oh well. This is going to be an interesting show! Who's got the popcorn!

Re:SCO Deja Vu

[pallmall1]

Linspire will be releasing some Microsoft tech like audio and video codecs along with some document formating stuff and a few other things in their releases.

Linspire says that for now they won't charge users for these things. They may charge for upgrades and maintenance releases of their Microsoft proprietized "click-and-run" (CNR) distributed packages. If a Linspire user doesn't pay any charges set by Linspire, or Linspire doesn't pay Microsoft even if the user pays Linspire, the user is not covered by the Microsoft pledge not to sue (and the agreement actually doesn't protect users anyway). When a Linspire user downloads a CNR package, Microsoft now will be able to track the users identity. If the user gets a Microsoft tainted CNR component, Microsoft can then demand the user allows Microsoft or their agent (BSA, perhaps?) to audit all their software. If the user refuses, Microsoft can sue them for infringement, aided by the CNR server records.

This deal is nowhere near as benign as you try and describe. Remember, this is a deal with Microsoft. If they can't find IP violations in a linux distribution, they'll put it there and then cry "victim".

Re:SCO Deja Vu

[beheaderaswp]

"It's classic FUD, but I don't know if MS would actually sue anyone. Unlike SCO Microsoft has a bottomless pit of money, and yet MS may not be large enough to successfully try and destroy Linux via patent infringement lawsuits."

I agree completely with you, except:

Linux datacenters (I run one), admins, and developers should be thanking their lucky stars for IBM. They and they alone have enough legal strength and money to scare Microsoft. But it gets better!

Wait and watch for the interesting times as the SCO/EVERYBODY lawsuits wind down.

Prediction: IBM sues Microsoft into the crapper once the SCO thing is resolved. At the end of the ten year lawsuit, Microsoft is irrelevant- but IBM have open sourced it's patent portfolio.

Then again... I am probably wrong and we'll be running Windows "Orbital View" and paying a penny a keystroke.

But one can hope.

SCO conspiracy theory

[Tony]

Who do you think started the SCO lawsuits?

SCO was a trial balloon for Microsoft. Though Microsoft's pipe fairy, SCO got a hot cash injection. They started making wild claims, which drove their stock up quite nicely, thank you.

Then they started suing, and everything went downhill. SCO discovered they actually had to *prove* something. So, we've been fortunate enough to witness a corporation spinning faster and faster until rotational velocity rips it apart. It's kinda cool.

Here's what Microsoft learned from SCO: *accusations work.* They work very, very well. Make vague, unsubstantiated claims. Oh, don't go as far as Darl McBride. He's an ass. Instead, insinuate. Make a few direct claims, let those claims disappear, then play on the doubt those claims left behind.

It's working surprisingly well. The one thing that's backfiring, though, is that Microsoft has associated their name with Linux, in a strange approving sort of way. This is PR that Linux couldn't buy. I have non-geek people asking me about Linux these days, people who'd never heard of it before.

Anyway, Microsoft will never take this to court. They would be complete fools to disregard the SCO effect.