Slashdot Mirror
Microsoft Blesses LGPL, Joins Apache Foundation
Penguinisto writes "According to a somewhat jaw-dropping story in The Register, it appears that Microsoft has performed a trifecta of geek-scaring feats: They have joined the Apache Software Foundation as a Platinum member(at $100K USD a year), submitted LGPL-licensed patches for ADOdb, and have pledged to expand their Open Specifications Promise by adding to the list more than 100 protocols for interoperability between its Windows Server and the Windows client. While I sincerely doubt they'll release Vista under a GPL license anytime soon, this is certainly an unexpected series of moves on their part, and could possibly lead to more OSS (as opposed to 'Shared Source') interactivity between what is arguably Linux' greatest adversary and the Open Source community." (We mentioned the announced support for the Apache Foundation earlier today, as well.)
There's some 'embrace, extend, obsolete' in here somewhere, but I'm beginning to think that this behavior from MS has a lot more to do with Ballmer's seemingly obsessive desire to overtake Google.
In other words, in order to defeat their enemy, they're going to try to BECOME their enemy first. MS is trying to emulate everything Google does, including supporting open source projects.
The next Slashdot story will be ready soon, but subscribers can beat the rush and slashdot the links early!
The real reason they are doing this is to make the option of running Apache on Windows more appealing. This way Windows has an easier time gaining ground on Linux in the server market.
Like others have said, embrace and extend typically leads to something getting extinguished. They are not to be trusted. Sorry.
During much of the time I was at HP - hired to be an Open Source leader first and an HP employee second - I knew about this and had to keep it secret. It was a pretty big hardship for me, obviously I felt I was being disloyal to my own community. I'm pasting it in here today so that we don't forget Microsoft's previous intentions toward Apache. - Bruce
From: Campbell, Gary [mailto:gary.campbell@hp.com]
Sent: Monday, June 03, 2002 7:27 PM
To: Stallard, Scott J; CTO Office Directs; Chaffin, Janice; Denzel, Nora; McDowell, Mary; Elias, Howard; Fink, Martin R; Becker, Rick (ISS); Beyers, Joe Cc: Blackmore, Peter; Robison, Shane
Subject: Microsoft Patent Cross License - Open Source Software Impact
Microsoft Patent Cross License - Open Source Software Impact
Today we agreed on a new patent cross license with Microsoft that protects HP in the short term, but it has significant impact on HP's use of Open Source software in the long term. More importantly, we now understand that Microsoft is about to launch legal action against the industry for shipping Open Source software that may force us out of using certain popular Open Source products. We need to create a cross-HP staffed program to understand the implication by product group and to provide the short term and long term steerage. I'll hook up with Martin tomorrow and start planning next steps for a cross-HP planning team.
Background:
HP is we believe, protected by our previous cross license for patents filed by Microsoft up to June of 2001, to ship open source software that violates Microsoft patents that was developed or shipped prior to today. This means that we can freeze on today's open source functionality and we are protected.
The new cross license does not protect us against new Microsoft patents filed after June 2001 against new open source product functionality shipped or created after today. So we have a two year window before HP has exposure on new Microsoft patents against new open source functionality, but we have exposure because of the MAD clause in the GPL if Microsoft attacks another entity with existing patents. See next section.
Open Source Software is described as a license that follows the intent and process of GPL or GPL lite. Additionally several major products are explicitly called out as not protected by the cross license, such as Samba, Wine, KDE, Gnome, Apache, Sendmail, and Linux.
Microsoft's Intentions:
Microsoft could attack Open Source Software for patent infringements against OEMs, Linux distributors, and least likely open source developers. They are specifically upset about Samba, Apache and Sendmail. We believe Samba is first, and they will attempt to prove it isn't covered by prior patent cross as a so called "clone" product carve out in the previous agreement.
OEMs that don't have a cross(like SUN), or OEMs like HP that they force a change in their cross license to exclude open source software are probably the first target. Intel, Red Hat, SuSE, UBL, Oracle are probably in the first wave as well.
IBM we don't know what the status of termination of their Microsoft cross license is. They could be protected by their previous OS/2 deals?
Mutually Assured Destruction Clause:
But it probably doesn't matter, because the GPL license has a mutually assured destruction clause in section 7, if anyone is sued over a patent infringement, no one is licensed under the GPL to ship GPL-ed products. This is probably what Microsoft intends to do.
Basically Microsoft is going to use the legal system to shut down open source software, and for all of its cleverness, the GPL makes it fairly easy unless a white knight steps in.
Best guess on the timing, this fall when they are finished settling with DOJ and the states.
Industry Reaction:
At this point we have no information on who would defend open source with
Bruce Perens.