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Microsoft's New Leaf On Interoperability
A large number of readers are submitting the news that Microsoft has made a major announcement about interoperating with others including specifically the FOSS world. The impetus is the ongoing EU antitrust case against Microsoft. The announcement comes in the context of the release of 30,000 pages of API documentation for Microsoft Vista, Windows Server 2008, SQL Server 2008, Office 2007, Exchange Server 2007 and Office SharePoint Server 2007 — and a listing of patents that apply to these technologies, and a pledge not to sue open source developers who use the APIs. InfoWorld summarizes by saying that Microsoft "promised greater transparency in its development and business practices." Fortune is blunter, saying "Microsoft declares truce in open source war." Here's Microsoft's FAQ on the open source interop initiative.
No - because they are retaining the rights to sue entities that use the information for commercial purposes. Here's the text:
This announcement is just marketing spin on what the EU was about to require.
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Basically, Microsoft pledges not to sue if you use the API. Then once people start using it, they say, "Sorry, we didn't mean it. We sue you now." The doctrines of estoppel would prevent them from successfully suing you, as they are estopped by their pledge. You can't be held liable for their change.
Of course, anyone can sue anyone for anything any time in our legal system, so it may be no great comfort to know that they won't succeed if they sue you. They know they can bankrupt you with legal fees, at least for however long they can drag out appeals (which can be longer than you can go without the money).
"open source developers will be able to use the documentation to develop implementations of these protocols without paying for a patent license", Brad Smith
.. and we will monetize from .. all users of that patented technology, all commercial developers, and all commercial users of that patented technology", Steve Ballmer
Companies that subsequently engage in commercial distribution of these protocol implementations will be able to obtain a patent license from Microsoft", Brad Smith.
"with respect to companies that are engaged in commercial distribution, or use internally, there is a need to obtain a patent license where there are applicable patent rights", Brad Smith
"We have valuable intellectual property in our patents
davecb5620@gmail.com
I have no doubt that Microsoft staff is quite busy working at all times. The Microsoft press release makes the company leadership's intentions clear:
"Microsoft is providing a covenant not to sue open source developers for development or non-commercial distribution of implementations of these protocols. These developers will be able to use the documentation for free to develop products. Companies that engage in commercial distribution of these protocol implementations will be able to obtain a patent license from Microsoft, as will enterprises that obtain these implementations from a distributor that does not have such a patent license."
And...
"Microsoft will document for the development community how it supports such standards, including those Microsoft extensions that affect interoperability with other implementations of these standards. This documentation will be published on Microsoft's Web site and it will be accessible without a license, royalty or other fee. These actions will allow third-party developers implementing standards to understand how a standard is used in a Microsoft product and foster improved interoperability for customers. Microsoft will make available a list of any of its patents that cover any of these extensions, and will make available patent licenses on reasonable and non-discriminatory terms."
Sounds a lot like the SCO mantra to me. "We own the patents, so pay up on the royalty fees and we won't sue you" (Microsoft, February 21, 2008). Given that all of your work is for the benefit of those who are willing to pay Microsoft for the "patent royalty fees," without a judge's decision on whether the patent is valid, is this not the very definition of minimal? If Microsoft is going to have a covenant to not sue open-source developers, what happens to those who don't pay for the Microsoft patent licenses? Do they still get sued? Are they still under threat to be sued? This looks like an evil Microsoft ploy to make $$$ on the backs of open-source developers and end users.
As for the comparisons of Microsoft to the Open-Source benevolent IBM, I would mention that IBM (Sun Microsystems and others) have donated countless patents to the open-source community. This is NOT what Microsoft is doing and Microsoft should NOT be given the same sweetheart treatment that the IBMs (or Sun Microsystems) of the world have earned through their contributions to the open-source community.
Especially since it's a trap.
(from the doc...)
So basically they'll be sending the hounds over to the Ubuntu camp, Red Hat and anyone else who doesn't want to pay their fees. Any developer of GPL products should steer well clear from any of their bait.