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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.'"
I think they have a great business-plan
1. Start a Linux distribution
2. Get Microsoft's attention
3. Get millions from Microsoft (more then they will ever earn selling it), agreeing to everything Microsoft ask.
4. Go out of business
I think more distributions should do it... (as long the really serious ones don't)
Microsoft's tactics in providing "patent agreements" remind me of the SCO days when they made an assumption that Linux "belongs" to them because of some vague "infringements". Based on this assumption, they start doing wonky things like charging $699 per seat for the right to use Linux, and other such nonsense.
MS is operating along the same lines. The assumption is that you owe Microsoft something for using Linux, hence the need for such agreements between MS and Linux vendors.
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.
We'll see how it all plays out. Will Microsoft embarass themselves the same way SCO did? One thing's for sure, if Microsoft decides to play the patent game, they too are at risk of getting countersued for whatever patents they infringe (and based on how many software patents are out there, there's sure to be some).
Linspire have always targetted Windows switchers. They know full well that hardcore geeks would never use Linspire. The Linux community means nothing to them.
"You can't fight in here, this is the war room!"
I don't think this agreement is relevant to users at all.
Basically, Microsoft says "we won't sue Linspire users as long as they only do X, Y and Z".
That doesn't mean in any way that anyone is preventing Linspire users from doing whatever they want. They can do A, B and C, just like Redhat users can. Microsoft just doesn't promise anymore not to sue them, just as it never promised not to sue Redhat customers. Which doesn't matter much, because Microsoft is just full of wind anyway.