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Microsoft EU Decision Protects OSS Projects From Suits
rfc1394 writes "An article in Australia's IT News mentions that under its antitrust agreement with the European Union, 'Microsoft will publish an irrevocable pledge not to assert any patents it may have over the interoperability information against non-commercial open source software development projects.' Essentially, in addition to getting them to comply with the anti-trust decision, the EU has forced Microsoft to back off of its saber-rattling when it comes to EU open source projects. That protection in no way extends to US projects, of course."
only eu bureaucrats could pull such 2 stunts in just one gig. when a bureaucracy works, it really shines.
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So, can projects threatened by patent infringement suits now move development to the EU?
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Microsoft EU Decision Protects OSS Projects From Suits
Which is good, because the OSS crowd is more into t-shirts and jeans.
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Umm... Is it just me or is this just mealy mouthed enough to get projects into HUGE trouble down the road when they are distributed commercially? Just what is Microsoft's definition of "non-commercial"?
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non-commercial open source software only? So any commercial use of that software will still open you up to infringement claims? If so, what's the point. MS is not worried about little Joey using FOSS in his basement for "non-commerical purposes". The use of that same software in a data center is apparently not covered by this agreement, so again... what's the point?
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Scene opens at Imperial Headquarters, Redmond. Imperial march plays and quiets as conversation begins.
Bill: Man, I am getting so tired of the EU. I am going to have to buy Europe. Bring me my checkbook.
Accountant: Sir, it's a little out of your price range.
Bill: (Staring blankly) Price range?
Accountant: Yes, sir. It costs more than you have, especially since most of your money is in dollar currency.
Bill: (Picks up phone.) Steve, get in here. And bring your chair.
Let us not become the evil that we deplore.
"I'm sure MS will have a heyday with the definition of "non-profit"."
If they give away their software they are non-profit. If they have a different branch that sells support not software they should be safe. I can see no real way for MS to go after a company that only sells support.
WTF?
Several of the 'startups' on the MS buy list are currently known as governments or regulatory bodies across the globe. Who would have thought that? Each day that passes makes me more certain that nuclear war will not end the human race... we will starve to death when the food vending machines finally suffer that one last BSOD.
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End The FED. -
These were also my first thoughts in reading the summary. From the article, the European Commissioner for Competition Policy says (emphasis is mine):
Presumably all this means is that Microsoft won't be going after developers, but it may still be going after anyone who makes use of those developers' efforts. It's some good news for developers, but it's not exactly a let off the hook if you can't tell your users with any confidence that they won't be sued by Microsoft for obscure patents that wouldn't hold up in the face of anyone who could afford to defend themselves. If anything, this might give Microsoft more power to spread FUD about OSS. They're just narrowing the target, basically saying that it's okay to develop OSS, but they might not let people use it without paying up.
Hopefully the linked article isn't representative of what the actual arrangement is. For the thing to be of any use, Microsoft really needs to be pledging that they won't enforce whatever patents they claim to have at all.
Nah, it just means that you guys in the US will have to keep living the American DRM.
Do it yourself, because no one else will do it yourself. [beta blockade 10-17 Feb]
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What exactly is it the US produces now, other than food? Knowledge? With both China and India graduating more and more engineers and scientists the US's lead may not last long. One thing they both need are accountants and US accountants can make a boat load of money showing Chinese and Indian companies how to setup an accounting system. Actually as my sister is a CPA, Certified Public Accountant, and runs her own business, I've thought of suggesting she learn Mandarin Chinese then go to China.
FalconShould there be a Law?
Actually EU doesn't have anything to do with patents right now. A few years down ago EU Commission tried to bring legislation that would have introduced EU wide harmonization of patents and brought unified judicial system. As the European Parliament didn't accept the directive, the attempted legislation was withdrawn. More about the subject.
How ever there is European Patent Organization which works by the power of European Patent Convention. EPO is fully independent organization and isn't part of EU. EPO actually is the only organization in Europe causing real grief in regards of patents. They award software patents even if they don't have any power to do so. Many big corporations and also smaller companies have applied basically pure software patents from EPO. How ever as the EPO really doesn't have power to award these kind of patents, the situation is that those patents are more or less worthless. They also will stay worthless even if EU would make software patents legal as those patents were filed and awarded before they were legal.
In my company we have talked and researched the software patent issue some what. My own point of view is that software patents are worthless and as long as the member state we operate doesn't allow software patents, we don't have any reason to worry. I really do hope that this situation will stay the same as the business of software company is to make software and solve customers problems, not pay big fat checks to lawyers.
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A few things we still kick ass in:
1) Music/movies (we outsell the rest of the World in these combined).
2) Advanced weapons sales
3) Software of any sort
4) Basic research and devt. (not readily marketable AND given for free to the rest of the world. We are the absolute leader in "pure" research investment, though starting to slow down for obvious reasons).
5) Applied research, design, and devt. (sattelites, pharmaceuticals, consumer electronics, you name it)
6) Agriculture (including the GM foods that EU farmers are scared of).
7) Exporting Democracy!
Obama likes poor people so much, he wants to make more of them.