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Microsoft Takes Responsibility For GPL Violation

An anonymous reader writes with an update to the news we discussed last weekend that a Windows 7 utility seemed to contain GPL code: "Microsoft has confirmed that the Windows 7 USB/DVD tool did, in fact, use GPL code, and they have agreed to release the tool's source code under the terms of GPLv2. In a statement, Microsoft said creation of the tool had been contracted out to a third party and apologized for not noticing the GPL code during a code review."

364 comments

  1. Good on MS by CokoBWare · · Score: 4, Insightful

    Awesome!

    1. Re:Good on MS by sgbett · · Score: 5, Funny

      First I read some article about Gates praising Jobs, and now this?

      I think the Mayans might be on to something.

      --
      Invaders must die
    2. Re:Good on MS by Anonymous Coward · · Score: 0, Insightful

      Not so "Good on MS". Of course they apologized for not noticing the GPL code...after they got caught.

      Funny how corporations always say things like "it was a mis-understanding" or "it was a third party" or "it was an honest error" right after they get exposed for stealing, lying, and cheating.

    3. Re:Good on MS by Jazz-Masta · · Score: 0

      And on the same day that 2012 was released...it's also Friday 13th. WTF?

      What next, Linus stars in an "I'm a PC" commercial?

    4. Re:Good on MS by dotancohen · · Score: 1, Troll

      Awesome!

      What is so awesome about MS staging a GPL violation that "forces" them to release the source code of their product? This will only feed the "GPL is cancer" mindset.

      By the way: GPL _is_ cancer: for developers who want to use other peoples' code and not give back. But MS products are cancer for end users, who face interoperability issues when even thinking about leaving MS's operating system, web browser, office suite, or instant messenger. Not to mention forced upgrades.

      --
      It is dangerous to be right when the government is wrong.
    5. Re:Good on MS by khallow · · Score: 4, Funny

      I think the Mayans might be on to something.

      The Y2012 bug is exaggerated. There isn't much Mayan code in reality and what's there probably won't generate any irrecoverable errors. Besides if there were going to be problems, we'd see systems that depended on dates after 2012 failing now. You'd see things like extremely unlikely coincidences and bizarre flukes of fate. Since we don't see th%@HG%#@%YG@$^[CARRIER LOST]

    6. Re:Good on MS by Anonymous Coward · · Score: 0

      "Hey PC, Whatcha doin? You look, ah, a little different..."

      "Yeah I got a makeover, and I've been to counselling, you want me to tell you about it?"

      "Well, I'm kinda busy right now maybe some other.."

      "NO, YOU DONT UNDERSTAND, LISTEN, I MUST TELL YOU, YOU HAVE TO KNOW EVERYTHING ABOUT ME, I'M LEGALLY REQUIRED TO TELL YOU, WAAAAAAIT...."

    7. Re:Good on MS by plague3106 · · Score: 1

      Ya, those that say /.ers are irrational MS haters are really just spreading FUD...

    8. Re:Good on MS by cheesybagel · · Score: 5, Funny

      What next, Linus stars in an "I'm a PC" commercial?

      What, you mean like this?

    9. Re:Good on MS by Planesdragon · · Score: 0, Flamebait

      But MS products are cancer for end users, who face interoperability issues when even thinking about leaving MS's operating system, web browser, office suite, or instant messenger. Not to mention forced upgrades.

      A new member of my team and I were talking me awhile back. He's a mac-head, and not really a PC user. We were talking about general stuff, and he asked a question that I simply did not have an answer to.

      "How can I get Mac OS 10.5 to install on a 10.6 macbook, so I can get my version of ProTools to run?"

      The version number might be off, but it's a great illustration of the point. MS doesn't lock in anyone to anything, especially by the standards of THE ENTIRE REST OF THE INDUSTRY.

    10. Re:Good on MS by Rip+Dick · · Score: 4, Informative

      Why wouldn't he praise Jobs? Last I heard, Bill owned a decent share of Apple's stock.

    11. Re:Good on MS by El_Oscuro · · Score: 3, Funny

      How about:

      "I'm a PC"

      "I'm a Mac"

      Just as they are really getting into the commercial, a certain flightless waterfowl comes out and starts pecking both of them off the screen

      Linux: The Other PC.

      This would work great for all of those annoying Windows 7 ads too. Maybe we could have something like the original Energizer Bunny commercials.

      --
      "Be grateful for what you have. You may never know when you may lose it."
    12. Re:Good on MS by jim_v2000 · · Score: 0, Flamebait

      Oh fuck off, it wouldn't have mattered what they did in this situation, trolls like yourself would never have been happy.

      --
      Don't take life so seriously. No one makes it out alive.
    13. Re:Good on MS by d34dluk3 · · Score: 4, Insightful

      What is so awesome about MS staging a GPL violation that "forces" them to release the source code of their product? This will only feed the "GPL is cancer" mindset.

      Obviously, they intentionally inserted GPL code so that they would be embarrassed, have to apologize, and release source code that they think is worth a lot of money! Wait, what?

      Your post only gets more delusional from there.

    14. Re:Good on MS by geekd · · Score: 1

      ProTools runs on 10.6 now. (but only ProTools 8. I assume he has an older version)

      But couldn't he wipe drive and install 10.5 from an install disk? My "10.6" macbook pro came with 10.5 installed and a 10.6 disk in the box.

      Someone who runs ProTools on a Mac can harldy complain about lock in - both Apple and Digidesign are masters of lock in. "You WILL use the hardware my companay sells, and only that hardware!"

    15. Re:Good on MS by Garridan · · Score: 1

      Naw... trolls can be happy. All it takes is some hot grits, and a statue of Natalie Portman...

      Anyway, this should make at least one troll happy: I think RMS has been dreaming of this day for years now. The virulent nature of GPL has always been a threat, and now it just bit Microsoft. Will they quarantine this code, and every developer who has read it?

    16. Re:Good on MS by jamesh · · Score: 1

      Instead they built themselves a 1st party case study in how the GPL is a virus that forces companies to give up their intellectual property.

      Or, alternatively, also based on no evidence at all, they were embarrassed to find that they had shipped a product with GPL code in it, and in a sudden outbreak of common sense figured they had nothing to lose and released the code.

    17. Re:Good on MS by NotBornYesterday · · Score: 3, Funny

      What next, Linus stars in an "I'm a PC" commercial?

      Those Windows 7 commercials where random people describe how they emailed Microsoft about making Windows 7 better all end with the person saying " ... and Windows 7 was my idea!"

      It all makes sense now. The people in the commercial weren't protected by the GPL, and MS took their ideas.

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    18. Re:Good on MS by Anonymous Coward · · Score: 0

      WTF? It's not a trap, it's what the FSF's legal guys always push for in these cases. They don't want to push commercial software off the market until it can be rewritten in-house. They want to bring it into compliance without any interference to the sales and/or distribution.

      If they'd pressured MS any differently, it would have proved that they, and by extension the whole Linux/Open-source/Free-software community, weren't really about good software or freedom to modify it. They just hate Microsoft.

    19. Re:Good on MS by Threni · · Score: 1

      Yeah, cos they were forced to use someone's elses open source code, weren't they. It probably infected the project they were working on, just like a virus.

    20. Re:Good on MS by Anonymous Coward · · Score: 0

      GPL isn't virulent in nature. Nobody *forces* you to use GPL code. It doesn't sneak in all by its self while you're not watching.

      If you want to use GPL code then use it and abide by the rules, if you don't want to use it then don't. Sheesh, how many times does that have to be said!

    21. Re:Good on MS by CokoBWare · · Score: 5, Informative

      If you worked at Microsoft, you'd know that it takes patience and time away from the horrific workload and schedules to code review every third-party thing that came through the door. When I worked at Microsoft, our vendor routinely used code they weren't supposed to EVEN THOUGH it was in their contract not to. I would sometimes come across a bug somewhere and I'd find something stolen off the net, and I'd have to pull it and reprimand the vendor, and then get them to do the work and pay them for it again. It's easy to sit at your computer desk and pontificate about how MS is trying to pull a fast one on everyone. Shit, if you only knew how ingrained in the culture it is to homegrow everything, and steal nothing. Very strong corporate policies there at MS, and everyone is subject to disciplinary action if you've intentionally tried to pull a fast one in one way shape or form. Trust me, the Program Manager who owns that tool is shitting in his/her pants, as it's going on their performance review for not tightening up on code quality. From my experience there, MS takes this shit seriously.

    22. Re:Good on MS by CokoBWare · · Score: 5, Interesting

      It's the integrity of how they handled the situation... someone pointed out the possible GPL violation... they pull the tool and let everyone know they're looking into it... then they announce they've looked into it and as a result, they're going to release the source code in accordance with the GPL, something MS would rather not do, to honor the licence, and the community need for the tool.

      Integrity = Awesome, in my humble opinion...

    23. Re:Good on MS by CokoBWare · · Score: 1

      Funny, I missed the "GPL is a virus" point in their press release... I just thought they had integrity.

    24. Re:Good on MS by Svartalf · · Score: 3, Informative

      Indeed. I applaud them for swiftly and appropriately handling the problem- to the point of taking the high-road for a change and offering the changed source code up instead of simply pulling it all out.

      It doesn't make up for what they've done over the years (and apparently still doing...sadly...) but it's a good start in the right direction.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    25. Re:Good on MS by mysidia · · Score: 2, Interesting

      Except 2012 was a miscalculation and the real year is supposedly 2220.

    26. Re:Good on MS by Anonymous Coward · · Score: 0

      Instead they built themselves a 1st party case study in how the GPL is a virus that forces companies to give up their intellectual property.

      Uhh, that is exactly what happened. You nutjobs come up with more and more delusional ways to twist your words and arguments in a pathetic attempt to make everyone who doesn't hold the GPL in the highest esteem look bad. It doesn't work and it's getting old.

    27. Re:Good on MS by Darinbob · · Score: 1

      Human sacrifice, dogs and cats living together... mass hysteria!

    28. Re:Good on MS by arth1 · · Score: 1

      That's the first steps. Call me a cynic, but I predict it will continue with

      4: Make public comments on how this is an example of how viral GPL is, and "proves" why companies should avoid GPL.
      5: Hawk their own paysource.
      6: Profit!

    29. Re:Good on MS by im_thatoneguy · · Score: 1

      Interesting piece of trivia. The original Energizer Bunny commercials were parodying Duracell Bunny commercials. But Duracell let the TM lapse and now can't run commercials with a pink rabbit in the US.

    30. Re:Good on MS by icannotthinkofaname · · Score: 1

      What next, Linus stars in an "I'm a PC" commercial?

      "Hi, I'm a Mac."
      "And I'm a PC."
      "Hello. I'm Linux."
      *Linus points to Mac*
      "I work pretty much like you..."
      *Linus points to PC*
      "...on hardware like yours."
      *Linus addresses the camera*
      "It's the best of both worlds! No viruses or crashing, without all that expensive Apple hardware."

      --
      Let q be a radix > 1. I am in ur base-q, killing 10 d00ds.
    31. Re:Good on MS by ShaunC · · Score: 3, Insightful

      I'd find something stolen off the net, and I'd have to pull it and reprimand the vendor, and then get them to do the work and pay them for it again.

      Wait, what? The contract forbade the vendor from using stolen code, but didn't provide Microsoft any financial remedy when this behavior was discovered? Not only should you not have had to pay them to do the work again, the vendor should have made financial concessions.

      What the hell was the legal team doing?

      --
      Thanks to the War on Drugs, it's easier to buy meth than it is to buy cold medicine!
    32. Re:Good on MS by Anonymous Coward · · Score: 1, Informative

      Normally I hate GPL'ers as much as the next boffin (MIT/BSD 4 lyf), but Microsoft (specifically Ballmer) have gone on record saying that "GPL is a cancer". As a business, it would be incredibly foolish of them NOT to use this to leverage sympathy from other businesses - all it costs them is alienation of a competitor who already hates them (whoop-de-doo), and they stand to gain substantial contracts from other businesses who see how GPL can ruin their business (the cost of Microsoft products would clearly be cheaper than the costs of open-sourcing your flagship product). Whether or not they engineered this situation is another matter (and highly laughable claim), but the fact remains that Microsoft are almost obligated to leverage this situation into a benefit for them (anything else would be borderline negligent).

    33. Re:Good on MS by Hal_Porter · · Score: 1

      This poor man's brain has been ROTTED AWAY by COMMUNISM. He is to be pitied. Now kill him and burn the body.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    34. Re:Good on MS by fwarren · · Score: 1

      It is not hard.

      1. Pay for closed source code and save time and keep your code private

      2. Use open sourced code that is GPLed and save time and expose your code.

      3. Spend your time and keep your code private and write the libraries yourself.

      No matter which route you go, respect the license agreement. Don't pirate closed source libraries, don't try to hide open-sourced code in your closed source project. No one is forced to use closed source or open source libraries. You can always just roll your own. If you don't want to do that. Then you are forced to live by someone eleses terms.

      --
      vi + /etc over regedit any day of the week.
    35. Re:Good on MS by Garridan · · Score: 1

      No, nobody forced anybody to use GPL'd code. But, to the perspective of Microsoft, this *did* sneak in while they weren't looking. The problem is, they weren't looking. What if some malicious developer copied the Linux OOM killer into the Windows kernel? If you read the license, Microsoft would have to release that version of Windows under GPL. That's virulent, if you ask me.

    36. Re:Good on MS by Garridan · · Score: 1

      For an individual? No, it's not hard. For a big corporation with thousands of developers, it appears to be a challenge.

    37. Re:Good on MS by fwarren · · Score: 1

      A con artist once said "I have never coned an honest man." Most scams take advantage of greed. The old "I have this watch worth 10,000 I am going to sell at the pawn shop for $1,000." Then the mark offers the guy "$2,000" for it figuring they can sell it for $4,000 or more. Taking advantage of the persons greed.

      and they stand to gain substantial contracts from other businesses who see how GPL can ruin their business

      GPL will not ruin your business. Being unethical will ruin your business.

      If a business used a 3rd party library and did not pay for it, well the terms of the license agreement for the code they stole give the right for monetary enumeration. Every business knows that. "If I steal this code and somehow get caught I will owe money and may have an injunction against selling my software till it is straightened out."

      If a business uses GPL code and decides to not make their source code available, well the terms of the license agreement will force them to pull the product or make the code available. GPL is not a cancer. Every business should know if they steal code or higher a 3rd party to write code for them. then they need to not use GPLed code.

      --
      vi + /etc over regedit any day of the week.
    38. Re:Good on MS by hey! · · Score: 1

      The Myans, like most societies, saw time as cyclical. It makes sense. The sun moves in a 24 hour pattern, and the fixed starts in a roughly 365.25 day pattern. Why not eternity? The idea of a linear time with an end was an innovation of Christian thought.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    39. Re:Good on MS by Helldesk+Hound · · Score: 1

      > What the hell was the legal team doing?

      Intimidating customers who had installed more than one copy of MS Windows?

      Rearranging deck chairs on the Digital Restrictions Management palava?

    40. Re:Good on MS by blowdart · · Score: 4, Interesting

      Well exactly. In this case Microsoft paid for what they believed was closed source code, it was a third party vendor that broke the GPL, but because Microsoft released the executable, well they're responsible.

      Which raises a question - how do you check these things? If the vendor cut and pasted code in, and removed comments that identified its source and the source's licensing agreement how do you spot this? It's not feasible to download every single open source project and start a diff against every single file they contain, so how do you do it?

    41. Re:Good on MS by shentino · · Score: 1

      That could be why he's not CEO right now, conflict of interest regs and all that.

    42. Re:Good on MS by shentino · · Score: 1

      I hope they follow up by castrating the vendor that gave them the hot code in the first place.

      Whether MS deserved to get burned or not is another question entirely, but the vendor that stole the code needs a good tarring and feathering regardless of how MS responds.

    43. Re:Good on MS by Garridan · · Score: 1

      Oh y'know... the usual. Don't trust anybody, compile your compiler by hand, smell the milk when you open it no matter what's stamped on it, store your condoms under a pyramid and wear a tin foil hat.

      But come to think of it... there *are* services that store many thousands of term papers to check plagiarism. Why not do this with OSS, too?

    44. Re:Good on MS by tqk · · Score: 1

      Linus: "It's the best of both worlds! No viruses or crashing, without all that expensive Apple hardware."

      And both PC and Mac guy pull out baseball bats (labelled "lawyers & FUD") and beat Linus to a bloody pulp.

      "Good job, carry on."

      Linus, the Terminator, dusts himself off, fries them both with X-ray beams from his eyes, then looks around for any BSD'ers hangin' around attempting to capitalise on the situation.

      I've been in this too long. :-| I like BSD.

      --
      "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
    45. Re:Good on MS by biryokumaru · · Score: 1

      Sometimes I find it tedious to have to sift through dozens of ports of popular open source software to find a premade version for my particular flavor of linux, should it not be readily available in my distro's repository. It makes me reconsider my operating system of choice.

      Then I hear stories like this.

      --
      When you're afraid to download music illegally in your own home, then the terrorists have won!
    46. Re:Good on MS by Anonymous Coward · · Score: 0

      I wouldn't call it "awesome", just "as it should be".
      It's kind of sad when honest behaviour is considered extraordinary.

    47. Re:Good on MS by smash · · Score: 1
      except it doesn't just work like the mac. yet. whilst the mac interface has remained pretty consistent since 2001, and hardware "just works", the linux desktop is continually changing for no good reason, introducing severe breakage and usability degradation in the process (eg, KDE 3.5 vs 4).

      Don't get me wrong, linux, bsd, etc are good things, but until people pull their heads out of their arses and focus on making things "just work" rather than "ooh shiny", linux will continue to be a pain in the arse to maintain and get things done on.

      I say that as a guy who was a die hard "linux on the desktop" user between 1996 and 2004 or so. Its just not there yet and I don't see any real progress in many areas that matter.

      I like the unix shell. I like hardware to "just work" so i can get on with other things. Hence, i've switched to OS X.

      If the free desktop can maintain a stable API for a few years, and actually get it to work as advertised in a consistent and bug-free manner, i'll be sold, but until then i have better things to do than root around trying to get the new beta version of package XXX to work with the rest of the stuff on my system because i want to use one obscure feature.

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
    48. Re:Good on MS by tolkienfan · · Score: 1

      Integrity = Awesome.
      Yes.
      It's also a first for Microsoft.

    49. Re:Good on MS by Moxon · · Score: 1

      Actually, failure to smell the milk after I open it has given me grief more times than those other things put together.

    50. Re:Good on MS by hairyfeet · · Score: 2, Insightful

      Dude, step away from the crack pipe. Win2K is being supported until next year, that's a decade of support. XP? 2014 which equals 13 YEARS. And it ain't like it is gonna just stop working when the time is up. oh and my ancient MS Office 2K works just fine on Windows 7 x64. So it isn't like you gotta jump on the latest and greatest if you don't want to.

      And now look at yourself. I mean here MSFT is, admitting the vendor they bought the software from fucked up, manning up to it and giving up the code like the are supposed to, and you gotta go foaming at the mouth. And folks wonder why Linux has a bad rep with regards to zealotry. Duh.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    51. Re:Good on MS by Anonymous Coward · · Score: 0

      It sounds like code reviews by committees, where they are *supposed* to study it before the review - but don't - and there is a nodding of heads. Hey MS is just like everyone else - flipping code as if t were a burger.

      1) It is EASY to scan code for GPL - and MS can afford to stuff a server with GPL and run continuous scans to catch cheats

      2) Performance review. No fire them all the way up the line.

      3) Nothing wrong in using GPL - not invented here syndrome - is poor management.

    52. Re:Good on MS by rtb61 · · Score: 1

      Funny the press release leaves of whiff of, yeah we use open source to create a working model and then edit it enough so that it no longer to closely resembles the original code, it is part of the code audit review process. So this time it accidentally skipped the rewrite and the inevitable other guy did it excuse crops up. Of course when M$ is forced to provide source code to governments who wouldn't accept it other wise, this kind of stuff could get pretty embarrassing.

      --
      Chaos - everything, everywhere, everywhen
    53. Re:Good on MS by Anonymous Coward · · Score: 0

      I don't get it. What's wrong with "taking" ideas?

    54. Re:Good on MS by roguetrick · · Score: 1

      Didn't they distribute the final product to someone? As per the license they then have to give that person the source. They followed things to the letter.

      --
      -The world would be a better place if everyone had a hoverboard
    55. Re:Good on MS by equex · · Score: 2, Insightful

      I had to actually remember my password and log in to just say "That wasn't so hard was it, Microsoft?" (or any mega corp) If you let everything out in the open, everything sorts out, everyone in this business know mistakes are easy to make. And we do not think you suck for doing a mistake. We think you suck when you lie about it afterwards! MS++

      --
      Can I light a sig ?
    56. Re:Good on MS by Anonymous Coward · · Score: 1, Insightful

      What conflict? Apple and MS aren't enemies, only their fanbois are. You can run MS programs just fine on a mac, and shock horror you can find mac programs on windows.

    57. Re:Good on MS by jimicus · · Score: 1

      Those Windows 7 commercials where random people describe how they emailed Microsoft about making Windows 7 better all end with the person saying " ... and Windows 7 was my idea!"

      It all makes sense now. The people in the commercial weren't protected by the GPL, and MS took their ideas.

      I'm not so sure. I swear to God that all those great ideas the voxpops are claiming were theirs have been part of OS X since at least 10.5, frequently longer.

    58. Re:Good on MS by el_jake · · Score: 1

      Al Gore invented Windows, just after he invented the internet.

      --
      In order to form an immaculate member of a flock of sheep one must, above all, be a sheep.
    59. Re:Good on MS by noundi · · Score: 5, Funny

      And I was marked troll and ridiculed for saying that this is what they are obliged to do. From the bottom of my heart, fuck you slashdot. Also just disregard the mod points on the post, look at the amount of people responding without even thinking twice about what they are writing. There is no space here for truth, only hormones of feeble minded fools. And the "mods", being us who receive mod points to classify the value of information in posts, are no better in doing the job anymore than the rest of you. Slashdot is the fundamental definition of "defective by design", and you'll come to notice that only the idiots stay longer than average. This is my last post, and I truly hope nobody cares as that would prove it being the outmost right decision to take.
       
      Oh and before you respond to this in some sad attempt of ridicule such as "cry me a river" or any other internet meme which has already been done close to an infinite amount of time, know that I won't be here to read it. So knowing that you may go ahead and waste your time.

      --
      I am the lawn!
    60. Re:Good on MS by lpontiac · · Score: 1

      This is not the case.

      Microsoft, by witholding the source, would be violating the copyright held by the people that wrote the OOM killer. They could then be sued by the copyright holders, and forced to seek settlement or ordered to pay damages - just like IBM could sue them if they lifted code out of AIX. It is very unlikely that a court would force them to license Windows under the GPL as a result.

    61. Re:Good on MS by drinkypoo · · Score: 1

      Uh, the "high road" is complying with the license. Removing the offending code and GPL'ing your code are both that ol' high road. Microsoft complied with no hemming and hawing, no attempts to discredit the GPL. This is precisely what we should all want to see... one or the other, but with a prompt and respectful response.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    62. Re:Good on MS by Anonymous Coward · · Score: 0

      "If you worked at Microsoft, you'd know that it takes patience and time away from the horrific workload and schedules to code review every third-party thing that came through the door"

      I never worked at ms, but I know this. Here's the difference.

      After MS does what everyone else does (incrementally build on the colossal body of software code & knowledge that has built up over the decades) they fire up a marketing blitz meant to suggest that they invented everything under the sun and all the other OSen are trying to play catch-up.

    63. Re:Good on MS by NotBornYesterday · · Score: 1

      Copying Apple has been the best business plan MS ever ran with. Why stop now?

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    64. Re:Good on MS by zotz · · Score: 2, Insightful

      Luckily, now to the GPL cancer properties, MS has to make all of windows GPL right? I mean, this is what they have been warning would happen to people's code if the GPL tainted it right? Or am I off my rocker? ~;-)

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    65. Re:Good on MS by PRMan · · Score: 1

      Except that Christian time goes on for eternity...

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    66. Re:Good on MS by Anonymous Coward · · Score: 0

      a certain flightless waterfowl comes out and starts pecking both of them off the screen

      How interesting, since that's how most people perceive linux users anyway: annoying little shits who just show up to piss everyone off, without bringing anything to the party themselves.

    67. Re:Good on MS by m.ducharme · · Score: 1

      Bah, they don't have to beat Linus to a pulp, they just have to ask him how to install something and wait until he says "Oh, just drop to the command line..." and then they can roll around on the floor laughing.

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
    68. Re:Good on MS by Anonymous Coward · · Score: 1, Interesting

      It's not feasible to download every single open source project and start a diff against every single file they contain, so how do you do it?

      You cannot do it. What you do is to sue the vendor for what might even justifiably be an astronomical amount and make sure everybody knows who that vendor is. Especially if the vendor goes bankrupt, it might not cover all your financial losses, if you believe that publishing source is a loss, but it will make every other vendor you use now or in the future to think twice before attempting something like this. Now, I dislike MS as much as the next slashdotter and hope that one day Windows will have a smaller market share than all but the most niche Linux distros. However, in this case they've done nothing wrong.

    69. Re:Good on MS by shentino · · Score: 1

      More like they are competitors and the SEC might not look kindly on the CEO of one company having stock in the other.

      I'm just guessing though.

    70. Re:Good on MS by mhall119 · · Score: 1

      No, he'll say "Simple, open the app center, find which app you want, click install, done."

      Then he'll ask the Mac and PC how they keep 3rd party apps up to date.

      --
      http://www.mhall119.com
    71. Re:Good on MS by Anonymous Coward · · Score: 0

      So where is it?

    72. Re:Good on MS by denobug · · Score: 1

      I hope they follow up by castrating the vendor that gave them the hot code in the first place.

      You bet they will be burned.

    73. Re:Good on MS by halltk1983 · · Score: 1

      Sweet, I'm an idiot!

      --
      Watch for Penguins, they eat Apples and throw rocks at Windows.
    74. Re:Good on MS by Anonymous Coward · · Score: 0

      But this worked out perfectly for Microsofts rhetoric: they said the GPL was viral, and now they've had to release code because of it. Different values of "had to" won't be discussed when Microsoft brings this incident up again.

    75. Re:Good on MS by Anonymous Coward · · Score: 0

      man, I was starting to think he'd *never* leave...

    76. Re:Good on MS by Anonymous Coward · · Score: 0

      He's right. Slashdot has become just like digg or facebook. You'll find the same amount of intellectual challenges there, or even in your local supermarket. I don't even know why I'm writing this to be honest.

    77. Re:Good on MS by Rockoon · · Score: 1

      How are they competitors? One is primarily a software company, and the other is primarily a hardware company.

      Microsoft has been making software for apples since.. umm.. the Apple II (AppleSOFT Basic was a Microsoft product)

      --
      "His name was James Damore."
    78. Re:Good on MS by fredma123 · · Score: 1

      I was going to let you finish, but Taylor Swift had one of the saddest moments of all time! OF ALL TIME!

    79. Re:Good on MS by JadedApprentice · · Score: 2, Informative

      There ARE commercial tools for this. Black Duck comes to mind - my employer uses it to search for and manage all usage of open source [ http://www.blackducksoftware.com/code-center ]

    80. Re:Good on MS by Anonymous Coward · · Score: 0

      But even without MS saying it, you already knew...

    81. Re:Good on MS by Anonymous Coward · · Score: 0

      cool post, bro

    82. Re:Good on MS by Delkster · · Score: 1

      Hardware -- including consumer electronics that Apple is largely doing -- is driven by software, and that largely determines compatibility. MS produces both platform software and applications as well as some services.

      Both companies are in the market on several different levels of the stack, and both like to tie their offerings of different levels together and use their market share on one level to boost it on others. Even if their focus on end products is slightly different, they have enough areas where both have interests that they're quite effectively competitors.

      That competition is centered in software. That's the level that determines how the various classes of products are bound together.

      It's probably still in Microsoft's interests to produce some software also for Apple platforms because there are customers and fields that they'd have a very hard time winning over. At least they can still try to reinforce their hegemony in office software by selling it to the graphics artists who are going to use Macs anyway, for example.

    83. Re:Good on MS by ramjambam · · Score: 0

      Look at how good Microsoft have it. You copy their code, they'll sue the ass off you. They even pretend Linux has copied their code, just for FUD. But when they steal code, they just say sorry and publish it, and everyone says 'how awesome!'. No cost - they win kudos instead. A charmed life.

      --
      Artificial Intelligence stands no chance against Natural Stupidity
    84. Re:Good on MS by TheRealMindChild · · Score: 1

      1) In Soviet Russia
      2) ???
      3) a river cries you

      --

      "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
    85. Re:Good on MS by bill_mcgonigle · · Score: 1

      Except that Christian time goes on for eternity...

      That raises an interesting philosophical question: does the heat death of the universe signal an end to time?

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    86. Re:Good on MS by FlyingBishop · · Score: 2, Insightful

      I have to wonder if there isn't something curious afoot. I for one haven't had mod points in a week, and now I see blatant lies being modded insightful, and a reasonable response to the kind of idiocy exhibited by the mods modded funny. It's like Slashdot has inverted the mod system or something.

    87. Re:Good on MS by FlyingBishop · · Score: 1

      Apple and Microsoft will tell you taking their ideas is illegal. And I'm not just talking about their code. They have patents on everything from the dock to voicemail.

    88. Re:Good on MS by Thinboy00 · · Score: 1

      I'm going to assume you (the parent poster) are not coming back... sometimes highly egotistical people leave a community and then come back a few months later and troll again...

      If you (the reader, not the parent poster) are wondering why he's so mad, it's because he made some idiotic/wrong/confusing posts and argued with people who said correct things/refused to be corrected/insisted that "oblige" and "force" are not synonyms. Take/your/pick

      --
      $ make available
    89. Re:Good on MS by Thinboy00 · · Score: 1

      No, he'll say "Simple, open the app center, find which app you want, click install, done."

      Then he'll ask the Mac and PC how they keep 3rd party apps up to date.

      That's Ubuntu. Ubuntu uses GNOME. Linus hates GNOME.

      --
      $ make available
    90. Re:Good on MS by Anonymous Coward · · Score: 0

      Hmm... marked as "funny"... I would have thought "accurate" would be more appropriate. At least noundi seems to understand the GPL, which is more than you can say about his detractors... this site appears to be going the way of some of the better Windows sites. Taken over by whichever of the bus window lickers shouts the loudest. Shame.

    91. Re:Good on MS by cyber-vandal · · Score: 1

      Bye then, see you next week.

    92. Re:Good on MS by mhall119 · · Score: 2, Insightful

      Get with the times, he's moved on to hating KDE 4 now, all the posers are back on Gnome.

      --
      http://www.mhall119.com
    93. Re:Good on MS by Anonymous Coward · · Score: 0

      Yes. Slashdot has been changing for the worst over the past year MODERATION wise. It's almost like a group of thugs moved in to sway public opinion here. Weird how it started happening right about the time we got a new President...?

    94. Re:Good on MS by Anonymous Coward · · Score: 0

      The real problem is trying to find a Mayan programmer to fix the bugs. You thought it was hard to find a guy who still knows Cobol, that Mayan code hasn't been updated in years!

    95. Re:Good on MS by Anonymous Coward · · Score: 0

      You make some good points. I was pleased to see the quick response from MS.

      I agree that Slashdot is becoming "noisy" and irrelevant, but I have yet to find a good alternative. There are always design flaws, and Slashdot may not choose to fix them; not sure how that can be accomplished short of moving to a paid model, anyway.

      Hope you stay, but only inasmuch as it will delay my ultimate departure.

    96. Re:Good on MS by bartok · · Score: 1

      "It's not feasible to download every single open source project and start a diff against every single file they contain, so how do you do it?"

      Wrong. Computers are powerful enough to run various search algoriths to find similarities in code. As a matter of fact, I'd be surprise if no one already created and marketed surch a tool to check for non-legit code. Any other finding of the sort is otherwise the product of pure chance that who reviewed the code had seen it somewhere else.

    97. Re:Good on MS by Anonymous Coward · · Score: 0

      According to my box the world ends at 2038, not 2012 nor 2220.

    98. Re:Good on MS by PineGreen · · Score: 1

      Noundi, we apologise! Sincerely!

    99. Re:Good on MS by tigerhawkvok · · Score: 1

      ^^ Exactly this. If even one person got it, they had to give them the source code with no restrictions, which is de facto the same as MS publicly releasing the code. The GPL is viral. I actually don't like it, myself -- I prefer the LGPL. If I write something for someone to use, they can use it on their own terms. It annoys me that people are against the LGPL, actually.

      --
      Blog
    100. Re:Good on MS by Anonymous Coward · · Score: 0

      Why not? It's just a sequence alignment. Create a big database of open source source. When you find close homology, investigate.

    101. Re:Good on MS by Anonymous Coward · · Score: 0

      You're making no sense. And the guy was obviously misunderstood. He wrote obliged and people read forced, and you're making the same mistake. Try to read the history again. You don't realise it but you are a part of the reason why he's leaving and why I haven't been here too frequently or logged in for ages. I don't think it's sad that he is leaving though, this always happens when the general public infects anything with their presence. It used to be "news for nerds", and nowadays it's "sensationalistic crap for idiots". Besides, there are far better sources of "news for nerds" than /..

    102. Re:Good on MS by UncleFluffy · · Score: 1

      Which raises a question - how do you check these things?

      Generally, you don't. You do enough due diligence to cover your ass legally, and include an indemnity clause in the contract with the third-party so that they have to repay any costs incurred by license violations in their code.

      --

      What would Lemmy do?

    103. Re:Good on MS by Anonymous Coward · · Score: 0

      cry me a river

    104. Re:Good on MS by Bert64 · · Score: 1

      If someone sneaked Windows code into another proprietary product, then the vendors of that product would be forced to abide by microsoft's terms or face legal action (and you don't know what kind of terms they might impose)... You use someone else's copyrighted code and you have to abide by their terms, and the terms for using GPL code are quite clearly stated up front.
      The only difference is that GPL code is easier to get hold of.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    105. Re:Good on MS by Bert64 · · Score: 1

      Old versions may not stop working, but they will never have security holes fixed either... Also you won't be able to get them running on newer hardware due to lack of drivers and usually no way to backport the drivers.

      Also, once the newer versions stop being supported in a few years time they *will* stop working, because newer versions require online activation and once support ends, those activation servers are likely to be turned off.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    106. Re:Good on MS by ploxiln · · Score: 1

      1) Why did / does Microsoft outsource their core competency, desktop and server software development, to contractors?

      2) Why didn't Microsoft develop this in house and save time in this case by using the open source software that was used to accelerate the development of this tool, and then release the source along with it? The core functionality was already open source, and their additional work mostly only increases the value of their closed-source cash-cow Windows, anyway. It sounds like they actually haven't figured out this open-source thing yet.

    107. Re:Good on MS by Anonymous Coward · · Score: 0

      No, you're just paranoid. Highly skilled commercial developers have no need to use open source code, most of which just reimplements proprietary software designed and implemented by other highly skilled commercial developers in the first place.

      This isn't something like Windows or Office, it's a little utility that Microsoft say was outsourced to another company. It would be incredibly stupid for them to lie about something like that, since it could easily be traced.

      According to what I've read, Microsoft actually outsource a lot of minor, low-skill, non-strategic development (eg of one-off utilities or add-ons) to firms in India, which is a lot cheaper than wasting the time of highly skilled developers in the West. Unfortunately, my experience has been that developers in India often have a weaker grasp if intellectual property norms, and are thus more prone to 'cut and paste' code, than developers in the West. It's easy to understand, since India is still a relatively poor country.

      This particular utility may not have been outsourced to an Indian software house, but my guess would be that it was. It has no relation to development practices within Microsoft.

    108. Re:Good on MS by Anonymous Coward · · Score: 0

      Cry me a river.

    109. Re:Good on MS by Svartalf · · Score: 1

      No... The typical thing would be to stop distributing. You have that as an option when you violate the terms.

      Compliance, when it's revealed you violated it, is the high-road. They could have just pulled everything and never shipped it again.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  2. wow, the beginning of the end by someone1234 · · Score: 3, Insightful

    Microsoft 7 legally contains GPL code.

    --
    Patents Drive Free Software as Hurricanes Drive Construction Industry
    1. Re:wow, the beginning of the end by MightyMait · · Score: 0, Troll

      You mean Windows 7. Cool beans, though!! It'll be the most secure part of the OS, since it's open source and will get reviewed by many (well, least several) pairs of eyes.

      --
      Nothing interesting to say...MUST...NOT...REPLY...ohtheheckwithit.
    2. Re:wow, the beginning of the end by therealmorris · · Score: 5, Informative

      This tool isn't part of Windows 7, it's just used if you buy the download version of Windows 7 from the MS store. If it was actually part of Windows 7 i think there would have been a much bigger fuss!

    3. Re:wow, the beginning of the end by CannonballHead · · Score: 2, Informative

      This was a USB/DVD burning tool offered on by Microsoft to help people install Windows 7 by burning the iso to USB/DVD. As far as I know, it is not included in Windows 7.

    4. Re:wow, the beginning of the end by HazMat+79 · · Score: 1

      Not sure but didnt they already have code under the same license as bsd back in the day. What I wonder though is after they release the source code and if they decide not to replace the tool with a closed source version of this program, is will they keep updating the code? Or will they just not update it anymore.

    5. Re:wow, the beginning of the end by _Sprocket_ · · Score: 1

      They've had GPL code in products before.

    6. Re:wow, the beginning of the end by Daimanta · · Score: 1

      "If it was actually part of Windows 7 i think there would have been a much bigger fuss!"

      If it was actually part of Windows Microsoft would probably do a quadruple check to see if they don't have any infringing code in their operating system and ofcourse there would be extra emphasis on OSS licenses like the GPL because if the infriging code was from another company, the company would only be interested in a big sum of cash. If there is GPL code in Windows, the FSF would probably start a case that would be revolutionary in the computer world since it could mean opensourcing Windows.

      I'd rather imagine world peace breaking out than Windows code going open source.

      --
      Knowledge is power. Knowledge shared is power lost.
    7. Re:wow, the beginning of the end by Helldesk+Hound · · Score: 1

      > Microsoft 7 legally contains GPL code.

      Excellent. That means that Microsoft Windows is now GPL'd software. :o)

      Are you sure that your statement is correct?

    8. Re:wow, the beginning of the end by Xtifr · · Score: 1

      > > Microsoft 7 legally contains GPL code.

      > Excellent. That means that Microsoft Windows is now GPL'd software. :o)

      No. No it doesn't. Red Hat Enterprise Linux contains quite a bit of GPL'd code, but guess what? RHEL is not GPL'd software! Many parts of RHEL, e.g. Apache, are even distributed under licenses that are incompatible with the GPL.

      Anyway, licensing your own code under the GPL is always voluntary! It does not and cannot "infect" your code. It does provide strong incentives for adoption, but there are always alternatives (e.g., MS could have withdrawn this one component until they had time to provide a replacement without any GPL'd code).

    9. Re:wow, the beginning of the end by amorsen · · Score: 4, Insightful

      If there is GPL code in Windows, the FSF would probably start a case that would be revolutionary in the computer world since it could mean opensourcing Windows.

      No, let me repeat this once more.

      The author was entitled to compensation for the illegal distribution of his code, and he could demand that Microsoft stopped distributing it. That's it. (Well, there are harsher penalties for copyright infringement, including jail time, but they wouldn't apply in this case.)

      Microsoft instead CHOSE to accept the GPL license for that particular code (they obviously hadn't accepted the license before, since they weren't even aware that it applied). They are either using the GPLv3 infringement remediation clauses or just hoping that the author will reinstate their license. But that was a CHOICE they made. They could have just paid up and had someone replace the GPL code with proprietary code.

      If it turned out that GPL code was spread throughout Windows (highly unlikely, I'd think), they would almost certainly prefer to pay up rather than make Windows Free Software.

      --
      Finally! A year of moderation! Ready for 2019?
    10. Re:wow, the beginning of the end by shentino · · Score: 1

      Windows going open source could actually be like a concentrated dose of vitamins that's painful as hell to swallow.

      For once, OSS principles such as "many eyes make shallow bugs" could go over the windows source code with a fine toothed comb.

      Security holes would probably be getting patched left and right. Vista's memory hoggage would probably be pruned down. Validation problems would probably go away. Getting Windows infected with the GPL virus would be a BLESSING.

      Such a thing might be good for Microsoft actually. They'd probably lose their monopoly position, but with the expertise they already presumably possess in their own product, combined with currently HUGE market share, I'm sure they could still make a killing on support anyway.

    11. Re:wow, the beginning of the end by Jesus_666 · · Score: 1

      If it was part of Windows as shipped then nothing much would change - mere aggregation does not constitute a derived work. Microsoft would still only have to open-source (or pay for) the program itself.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    12. Re:wow, the beginning of the end by Courageous · · Score: 1

      If there is GPL code in Windows, the FSF would probably start a case that would be revolutionary in the computer world since it could mean opensourcing Windows.

      Mmmmm. No.

      At best the plaintiff can demand that Microsoft "cease their infringement or comply". Microsoft would cease their infringement in such a case. They might also be forced to pay damages, but there is no way in hell they release Windows under the GPL. No judge would order to them to do that, either.

      C//

    13. Re:wow, the beginning of the end by Anonymous Coward · · Score: 0

      Yes, given that MS got a third party to write much of the code for this tool (that's why MS didn't know there was GPL code in it), it's a fair indication that it isn't central to MS's business and isn't particularly valuable IP in their opinion. In this case, the value of keeping the tool proprietary is very low, but the inconvenience of having to rewrite it (causing delays for some customers who would like to download Windows 7, just as Windows 7 is "MS's most important launch for 8 years") is fairly high. Hence, "sod it, just release the source for the dang thing".

    14. Re:wow, the beginning of the end by Bert64 · · Score: 1

      No, open sourcing windows would be extremely bad...
      Being open wouldn't fix all the issues it has very quickly, many of which are basic design flaws that cannot be fixed without breaking existing code or adding more layers of cruft... But what it would do, is significantly dilute the pool of developers working on other open systems.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
  3. Microsoft acting responsibly? by cpicon92 · · Score: 5, Insightful

    I have to say, my opinion of MS gets better everyday...

    1. Re:Microsoft acting responsibly? by Anonymous Coward · · Score: 0

      But I imagine it was very low to begin with? ;-)

    2. Re:Microsoft acting responsibly? by Gusfm · · Score: 5, Insightful
    3. Re:Microsoft acting responsibly? by Anonymous Coward · · Score: 0

      Groklaw, the first site I would search for objective information...

      This link is a perfect example why. Pure rubbish.

    4. Re:Microsoft acting responsibly? by Dumnezeu · · Score: 1

      Yeah, we wanted something to rant about for the next decade like "d00d, remember when m$ st0le gpl c0de? fuck yeah! let's bitch ab0ut it s0me m0re 0n 0ur bl0gs!" and all we got was Microsoft acknowledging its fault. I had prepared like over a dozen Slashdot posts just for this and now I have to throw them all away? Fuck you, Microsoft! I hate Microsoft!

      [yes, i'm faking bashing Microsoft]

      I have to admit, this was a kick in the nuts for FOSS. I doubt many FOSS supporters expected an answer like this. By acknowledging their mistake, Microsoft ended the whole fuss very quickly.

      --
      Yes, it's sarcasm. Deal with it!
    5. Re:Microsoft acting responsibly? by HiThere · · Score: 1, Redundant

      Mine too. A few more thousand instances of them acting legally, and a few years of them not acting illegally and I might start thinking of them as not much worse than most mega-corporations.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    6. Re:Microsoft acting responsibly? by GaryOlson · · Score: 0, Troll

      Which non-prescription drugs are you combining for that good feeling.

      --
      Every mans' island needs an ocean; choose your ocean carefully.
    7. Re:Microsoft acting responsibly? by 0ld_d0g · · Score: 1

      No, Whats _REALLY_ funny is I see many people on Slashdot wanting MS to respect Copyright law (i.e. abide by GPL) and then 3 seconds later turning around and condoning Copyright infringement of creative content.

    8. Re:Microsoft acting responsibly? by maxume · · Score: 1

      Caffeine and alcohol.

      --
      Nerd rage is the funniest rage.
    9. Re:Microsoft acting responsibly? by xtracto · · Score: 1

      Yeah, and it cas discussed before her in shasldot that Cory's story is just FUD.

      Have you even read the patent? I have, and it has *nothing* todo with SUDO.

      I guess that makes you a troll

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    10. Re:Microsoft acting responsibly? by Anonymous Coward · · Score: 0

      I suppose. FWIW, the FSF has always asked for compliance with the license and not compensation in cases where the GPL is violated; it's always been reasonable with those who find themselves on the wrong side of the license (often helping them to understand what's happened and why, and how to fix it). Compare this with the Business Software Alliances, who want money... and employ jackbooted thugs to do the dirty work.

      So... I actually think this is a good thing. Microsoft do the right thing, can no longer claim that the world will end if you violate the GPL. Win Win.

    11. Re:Microsoft acting responsibly? by NotBornYesterday · · Score: 1

      [yes, i'm faking bashing Microsoft]

      I want to learn how to be subtle like you.

      Microsoft made a business decision based on what was best for them at the time. Apparently the benefits they think they will get from this (benevolent PR, etc) outweigh the costs (releasing a small bit of GPL-tainted MS code under GPL rather than delay it and rewrite, or wage a protracted legal battle). Who knows, maybe they'll start to see the benefits of releasing GPL'ed code.

      MS releasing GPL code is not a kick in the nuts to FOSS. Quite the opposite.

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    12. Re:Microsoft acting responsibly? by S.O.B. · · Score: 1

      Nyqil and Flintstones Vitamins. I'm eating Betty right now.

      --
      Some of what I say is fact, some is conjecture, the rest I'm just blowing out my ass...you guess.
  4. Code Review by Romancer · · Score: 3, Insightful

    IDEA:
    When you're that big a company you should review all of your code as much as you think the patent office should review others patents.

    --


    ) Human Kind Vs Human Creation
    ) It'd be interesting to see how many humans would survive to serve us.
    1. Re:Code Review by srealm · · Score: 1

      They do - why do you think big companies use their patent portfolios as a THREAT rather than use them? If the examiner had done their job I am betting nowhere NEAR as many software patents would be granted as have been.

      ala. http://yro.slashdot.org/article.pl?sid=09/11/11/2055226

    2. Re:Code Review by jim_v2000 · · Score: 5, Insightful

      Question: how can you tell GPL code is GPL code unless you know that it's GPL code? My point is that code reviews are cool, but they cannot catch things that the reviewers don't know to look for. And it's impossible for anyone to be familiar with every piece of GPL'd code out there, and it's impossible to build a database of such code. The best way to handle it was the way that they handled it. Someone found the error, told MS, and MS became compliant by releasing the code.

      --
      Don't take life so seriously. No one makes it out alive.
    3. Re:Code Review by bitt3n · · Score: 4, Insightful

      IDEA: When you're that big a company you should review all of your code as much as you think the patent office should review others patents.

      so I should just stamp 'REJECTED' on the first page and call it a day?

    4. Re:Code Review by Anonymous Coward · · Score: 0

      IDEA:
      When you're that big a company you should review all of your code as much as you think the patent office should review others patents.

      You should not do this with patents. It would just get you treble damages for willful infringement.

      The correct response is to do exactly what Microsoft already did. If you happen to get caught then just release the code and a short apology and then laugh all the way to the bank...

    5. Re:Code Review by Anonymous Coward · · Score: 0

      I guess a database of GPL'd code would be harder than every term paper ever submitted?

    6. Re:Code Review by tangent3 · · Score: 1

      Well typically GPL'ed code is supposed to be released together with the license, often as comments at the top of the files, or as a LICENSE.txt file together with the package.

      If you suspect that the third party contractor could be maliciously including GPLed code with license stripped out (why are you working with them in the first place??) you could use http://www.google.com/codesearch

      I'd expect MS to be suing the pants off the third party contractor if they had been maliciously included GPL code and representing it as their own proprietary code. The fact that they hadn't make it look like it's a big horrible oversight on MS's part.

    7. Re:Code Review by jim_v2000 · · Score: 1

      Yes, it would be. Students must turn in their papers to their professors. Programmers must turn in their code to .....?

      --
      Don't take life so seriously. No one makes it out alive.
    8. Re:Code Review by jim_v2000 · · Score: 1

      I suppose they could waste time and money going after the third party developers, or they could just release the code for a non-critical, freeware utility.

      --
      Don't take life so seriously. No one makes it out alive.
    9. Re:Code Review by Krishnoid · · Score: 4, Insightful

      And it's impossible for anyone to be familiar with every piece of GPL'd code out there, and it's impossible to build a database of such code.

      Well, at least one company is trying to do just that, and to help companies avoid this very problem.

    10. Re:Code Review by Anonymous Coward · · Score: 2, Interesting

      Having been through a Black Duck review as part of an acquisition, I can say they catch *everything*. 1x1 transparent gif, the kind used by every website in the world? It's in their database. 20 lines of code from a project you never heard of that are similar to 30 lines of code in your project? Flagged. However, BD generates a lot of false positives (how many different ways are there to make a 1x1 transparent gif?). I'd bet that if MS used BD, BD flagged the code as a violation and the violation got lost in the false positives.

    11. Re:Code Review by PitaBred · · Score: 1

      You'd think they'd be able to check out some tools that do a similar thing to what they're attempting to do and compare the code. Not a huge leap of logic there, or much time wasted. I'm not saying that MS did anything wrong, and they're handling it admirably, but it's not a completely insurmountable problem as you propose.

    12. Re:Code Review by GregNorc · · Score: 2, Interesting

      Question: how can you tell GPL code is GPL code unless you know that it's GPL code? My point is that code reviews are cool, but they cannot catch things that the reviewers don't know to look for. And it's impossible for anyone to be familiar with every piece of GPL'd code out there, and it's impossible to build a database of such code. The best way to handle it was the way that they handled it. Someone found the error, told MS, and MS became compliant by releasing the code.

      It's called MOSS. Free for educational use, though a company like Microsoft would need a site license, but it would probably pay for itself when you factor in the money paid to PR firms to compensate for blunders like this.

      I mean, I don't think anyone seriously thinks MS intended to steal GPL code. But if you have subcontractors writing shitty code, and you're forced to acknowledge this publicly, that have a very real cost - it undermimes your image as a respectable software company.

    13. Re:Code Review by Anonymous Coward · · Score: 0

      But there already IS a database of GPL'd code, several, in fact. It's called the source code for whatever distro you are using, and just happens to be included with the software (as long as the GPL license is adhered to). Just because it isn't as nicely organized as your average lending library doesn't mean it's not there.

      All MS needs to do is have a copy of or a link to every distro publicly available that uses GPL'd code.

      Oh, wait, maybe that IS a bit much to ask. Erm, never mind.

    14. Re:Code Review by Sam+the+Nemesis · · Score: 1

      There are tools available to find out whether GPL / OpenSource code is used in your codebase. Normally, such tools have a huge repository which is continuously updated. I had seen a demo of one such tool few months back and I was really impressed. Obviously, the checking takes long time because of the size of the repository to compare with.

    15. Re:Code Review by arose · · Score: 1

      Microsoft in the case of a contractor developing for them one might assume...

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    16. Re:Code Review by weicco · · Score: 1

      I'd expect MS to be suing the pants off the third party contractor if they had been maliciously included GPL code and representing it as their own proprietary code.

      Well they certainly could and should but so should the actual copyright holder too. His/her rights were violated by this third party contractor for not including GPL license in the package that went to Microsoft. Microsoft's case against the third party wouldn't be about copyrights but possible contract violation(s). That's a pretty tricky area of law so maybe Microsoft doesn't like to go to the court unprepared. At least I wouldn't :)

      --
      You don't know what you don't know.
    17. Re:Code Review by the_womble · · Score: 1

      There ought to be an automated way of doing this: if you keep copies of everything from the likes of Sourceforge, Google code, etc. and the full source of all Debian packages and all FreeBSD source, you would have most of the open source code out there. You then need a tool that can identify similar code in spite of simple obfuscations (e.g. search and replace names).

      It ought to be trivial of you have MS's resources and you already own a search engine (not quite the same problem: it ought to be simpler).

    18. Re:Code Review by Anonymous Coward · · Score: 0

      Google it

    19. Re:Code Review by Anonymous Coward · · Score: 1, Interesting

      Full Ack. We did a review of our code base and had some people checking all the flagged positives and (fortunataly) only some checked-in GNU tools for internal usage were real positives. But it took two month to go though the list (the management at the time was really paranoid about GNU code).

    20. Re:Code Review by Anonymous Coward · · Score: 0

      Seeing all the blatantly obvious patents that get approved, this would probably mean that Microsoft should do less review.

    21. Re:Code Review by MoreDruid · · Score: 1

      A more interesting point is that they released the source code, thereby implicitly making the statement that the GPL is valid and enforcable.

      --
      The best weapon of a dictatorship is secrecy, but the best weapon of a democracy should be the weapon of openness.
  5. Wow look what happened... by SerpentMage · · Score: 2, Funny

    Hey folks, did you see that pig fly?? It was quite impressive. So fat, and trumped. Never thought it would get off the ground... But there it went...

    --

    "You can't make a race horse of a pig"
    "No," said Samuel, "but you can make very fast pig"
    1. Re:Wow look what happened... by Anonymous Coward · · Score: 0
    2. Re:Wow look what happened... by Thantik · · Score: 5, Funny

      Swine Flu.

    3. Re:Wow look what happened... by babblefrog · · Score: 0

      Swine Flew.

    4. Re:Wow look what happened... by Alex+Belits · · Score: 1

      RFC 1925:

      With sufficient thrust, pigs fly just fine.

      --
      Contrary to the popular belief, there indeed is no God.
    5. Re:Wow look what happened... by dunkelfalke · · Score: 1

      As proved by Pink Floyd in 1976

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    6. Re:Wow look what happened... by Jesus_666 · · Score: 1

      *whoosh*

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
  6. Weather Report by Anonymous Coward · · Score: 0

    Lucifer is going to need a good pair of boots and a winter jacket today as the temperature in hell plummets to -3F. The City of Dis is particularly hard hit, with 8 inch snow fall forecasts for tomorrow.

    1. Re:Weather Report by Svartalf · · Score: 1

      Oh...this isn't "cold day in Hell" type stuff...

      If you saw them openly killing Windows and framing in a commercialized version of their own version of WINE sitting atop, say Ubuntu or Fedora/Red Hat... THEN there'd be orders placed for snowplows and thermal underwear to end all orders for it.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  7. How did they miss that? by Anonymous Coward · · Score: 0

    How did they miss that? I work for a relatively small software company, we've got around 100 coders. All new checkins are scanned nightly for code that resembles any open source code, msdn sample code, and code found in random online forums (experts-exchange, codeproject, etc...) Surely MS has something similar to prevent this kind of thing.

    1. Re:How did they miss that? by ivan256 · · Score: 2, Informative

      The main tool out there to do that is from Black Duck, and it's an unmitigated piece of trash that is designed for the sole purpose of scamming stupid CTOs and CEOs.

      Their piece of crap database isn't even audited, so it attributes tons of code to people who stole it themselves and lists it under the wrong license. Then, if that wasn't enough, it produces so many false positives that anybody tasked with running it sets it up just enough to appease their incompetent boss while routing the results directly to /dev/null.

    2. Re:How did they miss that? by Anonymous Coward · · Score: 5, Funny

      How did they miss that?

      They used Bing to search for the code, and when it found nothing they assumed the code was original.

  8. So wheres the source? by Anonymous Coward · · Score: 0

    A promise to provide isnt enough is it? wheres can we get the source? whos writing to MS .....

  9. a big round of thanks to that outside contractor! by ChipMonk · · Score: 0

    If I knew who it was, I'd be starting a fund to send flowers and champagne to their HQ.

  10. Give some credit by onyxruby · · Score: 5, Insightful

    Give some credit, they did a code review, noticed the accusation was factual and did the right thing. As many times as microsoft has done the wrong thing, it's only right to credit them for doing the right thing this time.

    The interesting question now is if they will retain this tool going forward, or replace it with another that is not GPL'd. It certainly sounds like an accident, so I am curious if good production code has any chance of trumping internal politics.

    1. Re:Give some credit by CannonballHead · · Score: 1

      The interesting question now is if they will retain this tool going forward, or replace it with another that is not GPL'd. It certainly sounds like an accident, so I am curious if good production code has any chance of trumping internal politics.

      Why not retain it? It was offered for free in the first place.

    2. Re:Give some credit by the_humeister · · Score: 4, Funny

      This is Slashdot! Everything MS does is bad. Everything, no questions asked! I mean, they won't even answer allegations that they sacrifice babies at the altar.

    3. Re:Give some credit by Anonymous Coward · · Score: 0

      Maybe they will even come to realize that giving away a tool using a Free (rather than merely free) license is not the end of the world.

    4. Re:Give some credit by PhasmatisApparatus · · Score: 1

      I don't think Microsoft will keep a GPL program floating around when they could could put a few developers on the project and have an identical (Microsoft-owned) tool in a matter of days.

      If it were me, I'd keep it around as a reminder to do better code reviews!

    5. Re:Give some credit by Kjella · · Score: 1

      If we think of them a little bit as a company and not the anti-RMS, why would they bother now? They're complying, the tool works.... what's the business case? Big companies like to use open source when it's to their advantage. like one vendor I'm familiar with, they are now pushing Linux, Tomcat and many open standards but they're very clearly closed source on top.

      --
      Live today, because you never know what tomorrow brings
    6. Re:Give some credit by jonwil · · Score: 1

      Its unlikely that Microsoft would replace this tool given what it does. If it was code shipped as part of an actual product (say code shipped with Windows or Office or Visual Studio) they would replace it with something else. But in this case its trivial to have a link to the GPL and a link to the source on the same page as the download link for the binary.

    7. Re:Give some credit by db32 · · Score: 0, Flamebait

      Assuming they didn't do this on purpose sure, why not...

      Or...they knowingly use GPL code, allow it to be discovered, pull the tool, "review it", and then release it as GPL... Then resume the talk about how it is "cancerous" and "socialist" and how it "infects" code. Now they have a 100% valid example of GPL forcing open a tool in the "cancerous" and "infectious" ways they claim it does.

      I'm not saying that that is what is happening here, but let's not go running out to celebrate our victory over the evil empire just yet. These guys aren't exactly stupid when it comes to manipulative shit like this.

      My CAPTCHA is "sadden". How disturbingly appropriate.

      --
      The only change I can believe in is what I find in my couch cushions.
    8. Re:Give some credit by pembo13 · · Score: 1

      They did the legal thing. If you want to give them credit for that fine. But I don't see what specifically makes it the right or wrong thing.

      --
      "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    9. Re:Give some credit by shutdown+-p+now · · Score: 1

      I mean, they won't even answer allegations that they sacrifice babies at the altar.

      Only on Fridays, honest.

    10. Re:Give some credit by bn557 · · Score: 1

      SAP ? I've had to work on a few SAP Business One installs that had Tomcat along for the ride (for some of the reporting services maybe?), and I know they offer linux clients for their higher end products.

      --
      Humans are slow, innaccurate, and brilliant; computers are fast, acurrate, and dumb; together they are unbeatable
    11. Re:Give some credit by Anonymous Coward · · Score: 0

      I mean, they won't even answer allegations that they sacrifice babies at the altar.

      We're not accusing Microsoft of sacrificing babies at the altar. Actually, we don't think it does... but we can't help wondering why Microsoft hasn't denied sacrificing babies at the altar!

    12. Re:Give some credit by Rockoon · · Score: 1

      It is also unlikely that they would do that because for the most part, Microsoft does not rewrite things from scratch that already work. They have tried to do full rewrites before, such as with their Pyramid project (an attempt to rewrite Word for Windows from scratch,) but while doing so they figured out that it would take many years before they could catch up to the feature set they would have had had they not done a full rewrite. The Pyramid project was eventually canceled and work continued on the original Word codebase.

      --
      "His name was James Damore."
  11. I was right for once by khallow · · Score: 3, Insightful

    I predicted that they'd just need to make minor corrective action. Looks to me like that's exactly what happened. A replier to that post noted that as a prominent member of the Business Software Alliance, Microsoft would need to act above board and that this, if true, could be a serious problem. My take is that they just did that with this choice a mere week or so after the GPL code came to light.

    So it appears to me that we're both right. Microsoft didn't need to fix much, but due to their leading position in an anti-piracy lobbying group, they needed to fix it quickly.

    1. Re:I was right for once by sphantom · · Score: 1

      Am I missing something here? I'm afraid I don't see the link between Microsoft's position in the BSA, and their accidental release of a FREE program (tool would be a better word) containing GPL code. I can understand that the definition of piracy could be interpreted loosely, and can even concede that a product could be pirated even if it was free (there could be intellectual property issues), but I'm just not getting the link between piracy and this particular issue.

      Also, I could be wrong, but doesn't the GPL'd code taint the rest of the non-GPL'd code? It's my understanding that as soon as Microsoft started distributing this product, the fact that it contained GPL'd code could mean that the rest of the code is considered derivative. Simply replacing the GPL'd code with non-GPL'd code wouldn't work because the "derivative" code was required to be released as soon as the cat came out of the bag. It seems to me that MS GPL'ing the whole shibang is really the only outcome that could have happened here.

    2. Re:I was right for once by rakslice · · Score: 1

      Sorry, are you really asking why distributing code without permission would be piracy? =)

    3. Re:I was right for once by Anonymous Coward · · Score: 0

      Dude they had four things they could do:
      Do nothing and stop distributing the tool
      Distribute the tool again and risk facing legal action
      Replace the offending code and rerelease
      Release the entire tool under GPL

      So no.... You were not right... Out of four possible options you picked the wrong one.

  12. Where's BadAnalogyGuy when you need him? Slacker. by Anonymous Coward · · Score: 0

    So, as far as a car analogies go, would this be like Toyota admitting that their vehicles have a malfunction in their third-party designed accelerator system and simultaneously offering a fix to it?

    If so, that's pretty cool.

  13. obvious! by Narcocide · · Score: 3, Interesting

    DUH! Easier to gain forgiveness than permission. We know Microsoft knows that well. There was always a chance nobody would notice. It makes me wonder how much other GPL code they've ripped off over the years without getting caught.

    1. Re:obvious! by jim_v2000 · · Score: 1

      There's no such thing as getting "permission" to use GPL code. It's already granted, you just have to follow the license terms.

      --
      Don't take life so seriously. No one makes it out alive.
    2. Re:obvious! by Runaway1956 · · Score: 3, Informative

      I can't decide if you're trolling, or naive. Microsoft needs no permission to use GPL'd stuff. Neither does anyone else. It's a copy left. EVERYONE HAS THE RIGHT TO USE IT!! There are a few restrictions on giving credit to the owners, releasing source, etc - but they are ALLOWED TO USE IT.

      I can't imagine any individual, corporation, group, or consortium who might be denied the right to use GPL code, AS LONG AS they abide by the terms of the license.

      By releasing (or making available) the source code, and giving proper credit to the authors, MS complies with the terms of the GPL license.

      It's really not that hard to understand, is it?

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    3. Re:obvious! by philipgar · · Score: 1

      Actually, that is only one possible way to get to use the GPL code. The other way is to contact the owner of the code in question, and obtain permission to use the code in question. This often means the exchange of a sum of money for permission to use the code in your product without having to release your derived code. I'm sure this happens often enough, and is a fairly easy way to settle a GPL violation, plus gives the original coder some cash.

      Phil

    4. Re:obvious! by Narcocide · · Score: 1

      I didn't mean to infer that. I was merely trying to infer that they intended to use the code either way and only intended to abide by the license terms if caught doing otherwise. It's not naivete it's just blatant unfounded mudslinging.

    5. Re:obvious! by Anonymous Coward · · Score: 0

      Doesn't GPL3 have a clause about military use being prohibited?

    6. Re:obvious! by wrook · · Score: 1

      No

    7. Re:obvious! by maxwell+demon · · Score: 1

      It's just that if they distribute the code with their missiles, they must offer the attacked countries the source code. However, I don't think it has a provision against distributing the source using missiles as well.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    8. Re:obvious! by Delkster · · Score: 1

      It wouldn't be free according to Free Software Foundation standards if it placed restrictions on how the software can be used. Obviously they wouldn't craft and encourage a license that would be against their own idea of freedom. The GPL licenses only place some restrictions on redistribution, ot use.

      There is, however, a variant of GPL used by a third party that prohibits use of the software for military purposes. Perhaps that's what you're thinking about.

  14. Re:a big round of thanks to that outside contracto by Anonymous Coward · · Score: 3, Insightful

    Hell yeah!, what an awesome third party contractor.
    Ripping off free software and selling it to corporations as non-free,
    closed source software for profit, these fuckers deserve a medal!

  15. Not bad. by Christopher_Wood · · Score: 1

    While it's post-hoc, it looks like quiet, no-fuss GPL compliance.

    I'm good with it as long as they don't keep it up with the post-hoc part.

  16. Re:A setup? by Jazz-Masta · · Score: 2, Insightful

    Same reasoning as Vista. Release a bad OS, so the next one looks WAY better.

    If you set your expectations low, you can't possibly be disappointed.

  17. Implications by Bruce+Perens · · Score: 4, Informative

    I wouldn't want to be the consulting company that provided Microsoft with this code. They're in some deep doo-doo now. Unfortunately, a lot of engineers are so clueless about licensing, as are their managers, that it is really possible that the person who did this didn't know it was a problem.

    But this is not anything new for Microsoft. Microsoft started contributing to GCC around 10 years ago, for the former Unix services product. And this really serves their purpose if they are trying to scare people away from the GPL. "Microsoft forced to give up source code."

    Where they are really hurting us now is in government policy and patented technology in interoperability facilities. Like the European Interoperability Framework going proprietary, and the MS-patented filesystem in next-generation FLASH devices. Consider stuff like that before you decide they are a "good citizen".

    1. Re:Implications by Dumnezeu · · Score: 1

      And this really serves their purpose if they are trying to scare people away from the GPL. "Microsoft forced to give up someone else's source code on the author's demand."

      Emphasis text mine, too bad non-technical people will never see it.

      --
      Yes, it's sarcasm. Deal with it!
    2. Re:Implications by Leebert · · Score: 0, Troll

      I wouldn't want to be the consulting company that provided Microsoft with this code. They're in some deep doo-doo now.

      Hah! Who's going to go to Bangalore and find them? I saw Slumdog Millionare, I know how those conniving kids can run...

    3. Re:Implications by Anonymous Coward · · Score: 0

      Unfortunately, a lot of engineers are so clueless about licensing, as are their managers, that it is really possible that the person who did this didn't know it was a problem.

      In this case it's intuitive to be clueless. Code is simply information and it should be free.
      Licensing is artificial and unintuitive.

  18. ...gulp by binarylarry · · Score: 4, Funny

    Wha wha what just happened?

    Someone hold me, I'm scared.

    --
    Mod me down, my New Earth Global Warmingist friends!
  19. Death of one old bag of baloney? by rewt66 · · Score: 2, Interesting

    If I recall correctly, MS at one point tried to say that, if something like this happened, you'd have to release all your source code. Now we find that MS knows that you only have to release the source code of the program in question. Big difference. (Of course, if this was in Windows itself, the difference would not matter much to MS...)

    1. Re:Death of one old bag of baloney? by Toonol · · Score: 1

      Hopefully, no loon will start demanding just that... "MS is legally required to opensource all their code, now". All that would do is convince people to NEVER touch anything GPL'd.

    2. Re:Death of one old bag of baloney? by Willbur · · Score: 1

      If I recall correctly, MS at one point tried to say that, if something like this happened, you'd have to release all your source code. Now we find that MS knows that you only have to release the source code of the program in question. Big difference.

      I don't believe that's correct. You need to stop infringing the copyright - that means either obey the terms of the license or stop distributing (and deal with the consequences of the limited distribution you already made).

      I hope this doesn't help the bogus 'GPL is dangerous, an outside contractor can make you reveal your code' meme to spread.

    3. Re:Death of one old bag of baloney? by jim_v2000 · · Score: 1, Insightful

      >MS at one point tried to say that, if something like this happened, you'd have to release all your source code.

      [Citation Needed] [Context Needed]

      --
      Don't take life so seriously. No one makes it out alive.
    4. Re:Death of one old bag of baloney? by TheRaven64 · · Score: 1

      And if the program in question happened to be MS Word? Then they'd have had a big problem. Of course, they probably don't let outside companies contribute code to Word, but this still works as good PR from Microsoft's point of view. They had to release the code for a fairly unimportant tool that they got a third party to write and they got to point to this as an example of the GPL forcing a big company to release their code. ('if even Microsoft is forced to release their code by the GPL then we'd better make sure we avoid it!')

      --
      I am TheRaven on Soylent News
    5. Re:Death of one old bag of baloney? by rtfa-troll · · Score: 1

      Nope; Actually I hope "some loon" specifically and in a court of law demands that Microsoft release "all their code". Trust me, Microsoft will loudly and clearly and successfully defend themselves, creating a very clear answer to all the people trying to claim that the GPL forces you to do such a thing.

      --
      =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
    6. Re:Death of one old bag of baloney? by gnasher719 · · Score: 1

      And if the program in question happened to be MS Word? Then they'd have had a big problem. Of course, they probably don't let outside companies contribute code to Word, but this still works as good PR from Microsoft's point of view. They had to release the code for a fairly unimportant tool that they got a third party to write and they got to point to this as an example of the GPL forcing a big company to release their code. ('if even Microsoft is forced to release their code by the GPL then we'd better make sure we avoid it!')

      They didn't have to release the source code.

      Apparently some contractor illegally copied GPL'd code (selling the code the Microsoft without mentioning that it is licensed under the GPL is likely copyright infringement), and Microsoft distributed the code, unwittingly committing copyright infringement itself. Microsoft was not forced to publish the source code. They had the choice between publishing the source, making the distribution legal, or going to court for copyright infringement, and they choose the option that was cheaper. If GPL'd code was found in Word, Microsoft would probably go to court and pay whatever fine they were ordered to pay.

      And seriously, you would have to be either stupid beyond believe or a criminal to think you could use anybody's source code without studying what license it comes with, and without deciding that following the license is acceptable. I can't say which category Microsoft's contractor fell under. And if you don't want to publish your source code then yes, you should avoid incorporating GPL'd code.

    7. Re:Death of one old bag of baloney? by PitaBred · · Score: 4, Informative
      Go ahead and apologize to your post's parent. Choice quote:

      "The way the license is written, if you use any open-source software, you have to make the rest of your software open source," Ballmer explained

    8. Re:Death of one old bag of baloney? by Anonymous Coward · · Score: 0

      And that's kinda correct.

      They used some GPL code there (software), so they had to make the rest of THAT software open source (same licence, GPL).

      They didn't say that if they made a program which was GPL and ran it with Windows, they would need to make Windows GPL.

    9. Re:Death of one old bag of baloney? by Anonymous Coward · · Score: 0

      Yeah...no. I mean that's a nice interpretation to make if you're applying sophistry, but a more logical one would be:

      "The way the license is written, if you use any open-source software [in your software package], you have to make the rest of your software [package] open source," Ballmer explained

      I don't know why you would think anyone would be dolt enough to think if e.g. a little program they provide for download on their site is using GPL they would have to release the source for every piece of software they write.

    10. Re:Death of one old bag of baloney? by PitaBred · · Score: 1

      Because people are just that doltish, and it's quite apparent that's what Mr. Ballmer intended to cause people to think. It's called "FUD".

    11. Re:Death of one old bag of baloney? by jim_v2000 · · Score: 1

      Why the hell would I apologize for asking for a citation?

      --
      Don't take life so seriously. No one makes it out alive.
    12. Re:Death of one old bag of baloney? by Anonymous Coward · · Score: 0

      And that's kinda correct.

      Key word being "kinda".

      They used some GPL code there (software), so they had to make the rest of THAT software open source (same licence, GPL).

      That's one thing which the GPL allows you to do, if the copyright holder agrees. You might also end up having to stop distributing the package altogether or compensate the copyright holder for your unlawful distribution. It depends. But yeah, for sake of argument, your statement is correct enough.

      They didn't say that if they made a program which was GPL and ran it with Windows, they would need to make Windows GPL.

      No, but they very strongly implied it.

      Which is the point. It was FUD, and deliberate, at that.

  20. Its a sign of the end... by DiamondGeezer · · Score: 1

    ...2012 is almost upon us. Microsoft open sources code including GPL code that they had not noticed was included. Slashdotters praise Microsoft for correct response.

    And now for the Four Horsemen....

    --
    Tubby or not tubby. Fat is the question
  21. Re:This Is Too Leinient For M$ by Anonymous Coward · · Score: 0

    Please put down the crackpipe.

  22. Corps say sorry by AHuxley · · Score: 0, Flamebait

    You get fined, face court or jail time.
    Also fun how MS can now use the '3rd party' excuse for PR spin.
    More of the same embrace, extend, extinguish games.
    Embrace open via a third party and see what PR can do.
    Have a sit down to extend the laws to make sure MS can play 'nice' in a transparent legal framework.
    Extinguish open source in as many national courts as they can via trade deals.
    MS got caught again and had to follow the law for now.
    The real trick is to spin this into a software/copyright law changer ;)
    Commie hackers infected our code and misused the legal system to steal our work would be the real MS feeling.
    This is not the start of 'open' MS, just the start of law reform MS style.
    MS contracted for code in good faith, why should they have to give back like some common violator of copyright ?
    A push for a safe harbour provision to protect the multi billion dollar US software industry form future nuisance claims unless it can be clearly shown MS used "lots" of code in house?

    --
    Domestic spying is now "Benign Information Gathering"
    1. Re:Corps say sorry by yurtinus · · Score: 2, Insightful

      Burma Shave.

      --
      +1 Disagree
  23. Cue the commercial by Anonymous Coward · · Score: 0

    "Windows 7 will have none of the GPL violations Vista had. ... Windows Vista will have none of the GPL violations XP had. ... Windows 2000 will have none of the GPL violations ME had. ... Windows 98 will have none of the GPL violations 95 had. ...."

  24. Re:A setup? by Anpheus · · Score: 4, Insightful

    Vista probably cost them billions of dollars in revenue because, had they released a sooner, higher quality OS as their schedule initially dictated, their sales wouldn't have suffered. Not only that, but they'd have had two additional OS releases before Windows 7, or a global recession hurting their first decent OS release in nearly a decade.

    Though if you think Microsoft executives seriously looked around the table and laughed at how they fooled everyone releasing a crappy product, I don't know if anything will convince you that you're wrong.

  25. Re:Where's BadAnalogyGuy when you need him? Slacke by CannonballHead · · Score: 2, Insightful

    a USB/DVD burning tool could hardly be analogized to an accelerator system in a car.

    It'd be more equivalent to... I don't know ... a cigarette lighter or something. This is just a utility that MS released to help people be able to burn a Windows 7 iso onto USB/DVD. Especially for use in netbooks and the like, I suppose.

  26. Oh, so it's ok then by Dunbal · · Score: 0

    If I infringe on someone's copyright by "accidentally" downloading a song or movie, I can just delete it from my hard drive and apologize to the movie/music studio?

    I like the double standard here. When is Microsoft going to be crucified by this?

    --
    Seven puppies were harmed during the making of this post.
    1. Re:Oh, so it's ok then by Anonymous Coward · · Score: 0

      Last I seen MS isn't suing anyone for downloading movies or music. Maybe you'd like to keep it on topic?

    2. Re:Oh, so it's ok then by AthleteMusicianNerd · · Score: 1

      Actually, yes you can do that. My roommate did that, and they shut off my internet access. Once he removed it from his machine they turned it back on. No fines or punishment whatsoever other than the phone call to get access turned back on.

    3. Re:Oh, so it's ok then by tonycheese · · Score: 3, Insightful

      If you make a few music/movie downloads and they catch you, the first thing they do is send a letter to your ISP giving a warning to you. So yes, you would just delete it and apologize.

      And yes, like the other person said, Microsoft isn't going around suing people for downloading music, movies, or pirated copies of Windows.

      Besides, there was a whole article a few days ago about how GPL violations happen very frequently and that politely pointing it out usually solves the problem. It was an accident, not an "accident", and it's been fixed so get over it.

    4. Re:Oh, so it's ok then by wizardforce · · Score: 1

      If they didn't release the code then I'd say that a good old fashioned crucifixion would be in order but as it is, there's no real reason to hit them any more. The code is free like it should have been and that's that.
      In so far as a double standard, I think it would be far more sensible to advocate for sane copyright reform rather than resorting to the same tactics the RIAA and MPAA use.

      --
      Sigs are too short to say anything truly profound so read the above post instead.
    5. Re:Oh, so it's ok then by CannonballHead · · Score: 3, Insightful

      What if it WAS a mistake? What if Microsoft didn't check the code/programmer claimed it wasn't GPL/whatever?

      Because if it was a mistake, they appeared to have been doing the right thing. Furthermore, they weren't even selling this, nor was anyone else. If anything, it was a violation of GPL not copyright stuff.

      I had no idea GPL people were so like the RIAA that they would want to "crucify" a company for possibly accidentally using (stealing? slashdot will call using GPL code against GPL license [and giving the result away for free]"stealing" but slashdot won't call downloading songs/movies stealing?) open source code without releasing the resulting open source. Sounds ... very progressive. Encourages people to use GPL. "Hey, use our free software and code! It's great! Use it however you want! But if you don't follow the GPL you are a horrible, horrible company, even worse than people that illegally download copyrighted materials."

      I like open source and GPL and all that. I also enjoy MS products. And I don't like double standards. If they knowingly took GPL code, that's bad. I don't like "guilty until proven innocent" nor comparisons of copyright to GPL...

    6. Re:Oh, so it's ok then by Toonol · · Score: 3, Insightful

      What remedy does the GPL call for? As I understand it, it is to either release source or stop distributing. MS handled this error correctly. Calling for stronger sanctions would just drive more people away from GPL'd software.

    7. Re:Oh, so it's ok then by natehoy · · Score: 1

      Actually, your ISP shut off access.

      Your ISP got a letter from RIAA or MPAA asking that they tell you to stop it, or turn over your name and address. Your ISP, knowing that BitTorrent also takes a lot of bandwidth anyway, shut you down temporarily and (though they don't honestly care) asked you to delete the file and (they do care about this) never run BitTorrent again. You complied, so MPAA/RIAA and your ISP both win.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    8. Re:Oh, so it's ok then by Shados · · Score: 2, Insightful

      Except the whole point of the GPL is to make source open, not to bring in cash. Usually, people in favor of the GPL prefer having the source code and settle on that than settling on money. As someone mentionned already, if you start sueing people who use the GPL by accident, and ask for money instead of source code, you'll just prove that people who called the GPL a "virus" were right.

    9. Re:Oh, so it's ok then by Anonymous Coward · · Score: 0

      The comparison of GPL to copyright happens for one reason.

      The GPL uses copyright law to turn the normal consequences of copyright law on their head.

      Because the GPL allows you (under certain conditions) to do things that are otherwise barred by copyright law, a violation of the GPL *is* a copyright violation.

      More specifically, the GPL as a license is a *defense* against a copyright violation claim.

      Default State: Can't make and distribute copies legally.
      GPL State: Can so long as you make the source properly available and don't change the license terms.

      If I'm accused of (or sued for) violating the copyright of a piece of GPL'd software, I can whip out the GPL, and demonstrate that since I have been acting within the terms of the license, I had a license to do what I did. If I weren't acting within the terms of the license, the GPL does nothing for me (or against me).

    10. Re:Oh, so it's ok then by vadim_t · · Score: 1

      What if it WAS a mistake? What if Microsoft didn't check the code/programmer claimed it wasn't GPL/whatever?

      Well, they should have. It's a generally very bad idea to release software containing somebody else's code without permission.

      Try to pull that off with MS code and see how well that goes.

      Because if it was a mistake, they appeared to have been doing the right thing. Furthermore, they weren't even selling this, nor was anyone else. If anything, it was a violation of GPL not copyright stuff.

      No, it's very much copyright stuff. GPL infringement is copyright infringement, since the GPL is what gives you the right to distribute the software. Remove the GPL by claiming it doesn't apply or infriging on it, and what you have left is plain copyright.

      This was MS' own choice. They could have reached a different solution with the copyright holder. They could have went to court and ended up paying damages, or the copyright holder could have agreed to license it under different terms for money, or lifetime free MS software or whatever. The copyright holder and MS can reach pretty much any agreement, it doesn't necessarily have to involve releasing the source.

      Though releasing the source does fix things for sure with no need to negotiate.

      I had no idea GPL people were so like the RIAA that they would want to "crucify" a company for possibly accidentally using (stealing? slashdot will call using GPL code against GPL license [and giving the result away for free]"stealing" but slashdot won't call downloading songs/movies stealing?) open source code without releasing the resulting open source. Sounds ... very progressive. Encourages people to use GPL. "Hey, use our free software and code! It's great! Use it however you want! But if you don't follow the GPL you are a horrible, horrible company, even worse than people that illegally download copyrighted materials."

      GPL != BSD. The GPL very much relies on copyright, and GPL licensed code is just as copyrighted as the Windows one.

      People releasing code under the GPL generally do expect it to be respected, and would prefer other not to use it to infringing on it. Just like most companies would rather you not use their software at all than pirate it.

    11. Re:Oh, so it's ok then by Daimanta · · Score: 1

      "I had no idea GPL people were so like the RIAA that they would want to "crucify" a company for possibly accidentally using (stealing? slashdot will call using GPL code against GPL license [and giving the result away for free]"stealing" but slashdot won't call downloading songs/movies stealing?) open source code without releasing the resulting open source. Sounds ... very progressive. "

      We are talking about Microsoft here. 'Nuff said.

      --
      Knowledge is power. Knowledge shared is power lost.
    12. Re:Oh, so it's ok then by Virak · · Score: 2, Insightful

      I had no idea GPL people were so like the RIAA that they would want to "crucify" a company for possibly accidentally using (stealing? slashdot will call using GPL code against GPL license [and giving the result away for free]"stealing" but slashdot won't call downloading songs/movies stealing?) open source code without releasing the resulting open source. Sounds ... very progressive. Encourages people to use GPL. "Hey, use our free software and code! It's great! Use it however you want! But if you don't follow the GPL you are a horrible, horrible company, even worse than people that illegally download copyrighted materials."

      I had no idea people whose Slashdot ID numbers ended in 5 engaged in gross logical fallacy by generalizing the actions of a single member of a group to the entirety of a group without the slightest reasonable basis for doing so. And yes, breaking news, stop the presses, people who use the GPL for their code have a problem with you taking it and incorporating it into yours and closing it up. If they didn't they'd be using the BSD license or something like that and not the GPL. That is the whole point.

      If anything, it was a violation of GPL not copyright stuff.

      I don't like [...] comparisons of copyright to GPL...

      The GPL is a copyright license. It gets all of its force from copyright law. Gee, I wonder why people would be talking about copyright when it's a GPL violation?

    13. Re:Oh, so it's ok then by TubeSteak · · Score: 1

      If anything, it was a violation of GPL not copyright stuff.
      ...
      If they knowingly took GPL code, that's bad. I don't like "guilty until proven innocent" nor comparisons of copyright to GPL...

      I'm not sure you know what you're talking about.
      1. How do you not compare the GPL to copyright, when copyright law is the sole enforcement mechanism of the GPL?

      2. There is no "innocent until proven guilty" with copyright. At best, there is "guilty unless you make a legally recognized affirmative defense."

      --
      [Fuck Beta]
      o0t!
    14. Re:Oh, so it's ok then by Gadget_Guy · · Score: 1

      It's a generally very bad idea to release software containing somebody else's code without permission.

      Try to pull that off with MS code and see how well that goes.

      I think that it would happen exactly as it did in this case. If the copied code was something that MS does licence to other people then the first thing they would do would be to say "you are supposed to pay X for that code - pay up now or stop using it". If that doesn't work then Microsoft would take you to court.

      That is exactly what happened in the TomTom case about FAT32. TomTom was given the option of paying the usual licence fee or to stop using FAT32 on flash cards.

      I think that most companies would rather settle disputes this way, because when things go legal the only winners are the lawyers.

    15. Re:Oh, so it's ok then by Dunbal · · Score: 0

      I had no idea GPL people were so like the RIAA that

            It's called playing the Devil's advocate. What's good for the goose should be good for the gander. The only thing stopping me from making millions of copies of Windows 7 is copyright law, and Microsoft's EULA which adds it's own little nuances to our "implicit" agreement.

            It's the same thing for the GPL. The code is COPYRIGHTED by the author. A copyright is not like a patent. You don't have to apply for it, and you don't have to defend it like a trademark. It's AUTOMATICALLY yours if you create something. Now if you license your work (through the GPL, or whatever), other parties MUST abide by the license. NOTHING in the GPL tries to nullify copyright law.

            So, if I infringe "Big Corporation X's" rights, I will have an army of lawyers on my ass. If "Big Corporation" violates the GPL, all they have to do is say "sorry"? If you can't see the double standard you are either blind, or a troll.

      --
      Seven puppies were harmed during the making of this post.
    16. Re:Oh, so it's ok then by im_thatoneguy · · Score: 1

      Wait... when has Microsoft sued people for downloading music or a movie?

    17. Re:Oh, so it's ok then by Anonymous Coward · · Score: 0

      What remedy does the GPL call for? As I understand it, it is to either release source or stop distributing. MS handled this error correctly. Calling for stronger sanctions would just drive more people away from GPL'd software.

      While that's right I still have to wonder the reactions of some posters, I don't see how this would make Micro$oft any better at all, quite contrary. They could have dragged their feet and gotted sued for it, very, very costly and setting a nasty precedent, for them. M$ is the 800 pound gorilla who does whatever they want, yet even they are afraid of some fights, which shows the power of the GPL license.

      Three cheers for Mr. Stallman and his infinite wisdom for creating the GPL license. Also kudos to the whistleblower who caught M$ red handed.

    18. Re:Oh, so it's ok then by wrook · · Score: 1

      Under v2 the remedy is asking for forgiveness. You can't distribute the code further unless the copyright holder forgives you. Since this can be very difficult in practice, it's a serious weakness of v2. In v3 the situation is improved. Since I think this code was under v2, hopefully it had the "or later version" clause still intact.

    19. Re:Oh, so it's ok then by Dr_Barnowl · · Score: 1

      I would be surprised if the set of people who really understand GPL and it's benefits has a significant intersect with the set of people who think it's just OK to copy anything anyhow.

      But if you don't follow the GPL you are a horrible, horrible company, even worse than people that illegally download copyrighted materials.

      Well, you are. Good code represents a much larger investment of time than music. By definition, you can only violate the GPL by distributing software without it's sources. I've got no problem with companies taking GPL code, making a derivative work, and using it in-house. Nothing compels them to release their changes back to the originating project, so they are not reciprocating, but the license allows this, and it's their right. Companies typically only start distributing software when they receive reciprocation from their customers in the form of money. At this point they are not just free-riding (which is what most "media pirates" are doing), they are actively engaged in profiting from the work of others, without living up to their side of the bargain. It's more like the guy who downloads DVD ISOs and sells burned copies in the local market, than the teenager who downloads tracks to fill his iPod.

      Note that this is entirely permissible if they just offer to provide the sources under GPL - it doesn't prevent you charging whatever the hell you like, it only addresses availability of the sources.

    20. Re:Oh, so it's ok then by vadim_t · · Score: 1

      No, that was a patent case and not copyright infringement.

    21. Re:Oh, so it's ok then by Gadget_Guy · · Score: 1

      And what difference does that make to this conversation? The basic fundementals are the same.

    22. Re:Oh, so it's ok then by cyber-vandal · · Score: 1

      Any other company this would not be big news. However a company with a long history of copyright violations and other illegal practices doesn't get let off so easily. Much like any other habitual criminal, people remain suspicious for a long time and the criminal has to be whiter than white for a long time before that trust is earned again. It's not that hard to understand really.

    23. Re:Oh, so it's ok then by Anonymous Coward · · Score: 0

      The GPL is based on copyright law. It's a principle called "copyleft", but it is firmly rooted in copyright law.

      I agree with your point about not crucifying them. What you may not realize is that the enforcement pendulum has swung back now. The GPL was created to counter threats to freedom by dominant, proprietary regimes. The viability of the GPL is in little doubt now, however. Enforcement is expected all-around.

      I have yet to see the FSF abuse their power in enforcing the GPL, but you can expect me to abandon ship when they do. What I have seen, is many shrill individuals. The battle about being heard is over; what is needed now is pragmatic solutions between the big players, which this event seems to illustrate is possible.

      Please realize that those that speak the loudest aren't necessarily the ones to listen to. These are the ones that seem to advocate double-standards over mutual respect. The GPL is worthy of respect as are proprietary vendors. While I will continue to prefer non-proprietary in the near future, I welcome a world where proprietary vendors provide real value-added services for a price. This can only help to maintain a healthy ecology of competitive innovation.

  27. Re:This Is Too Leinient For M$ by Narcocide · · Score: 1

    If you really like to evangelize in this fashion you should know a far more effective use of your time would be to be playing Quake Live using Iceweasel on Debian right now so that ID will consider porting Rage to Linux when it comes out.

  28. Have a candy bar by beej · · Score: 2, Funny

    "I'm going to take back some of the things I've said about you, Microsoft. You--you've earned it."

  29. Re:a big round of thanks to that outside contracto by Interoperable · · Score: 3, Funny

    Depending on how much of their business depended on contracts from Microsoft, they may not have an HQ anymore.

    --
    So if this is the future...where's my jet pack?
  30. Re:cluess about licensing... by CFD339 · · Score: 2, Insightful

    I don't buy that excuse. I write code. I don't have to understand the intricate licensing law to know when I've included code that I didn't write. It doesn't take a genius level IQ to know that when I do that (use code I didn't write) I need to tell the person who hired me to write code. Once that happens, it is the responsibility of a manager to find out the licensing issues.

    --
    The problem with quotes on the internet, is that nobody bothers to check their veracity. -- Abraham Lincoln
  31. Re:A setup? by tonycheese · · Score: 5, Insightful

    I'm sorry but this is just incredibly stupid. Are you telling me they purposely put GPL code into their code with the express intent of being caught?! Or that they wasted I don't know how many billions of dollars and took bad PR on Vista so that they could wow the world with Windows 7?! Then we have the troll-moderators going down the list looking for anything anti-Microsoft in the discussion to mod up. Lovely, you guys really do a lot for Slashdot's continued reputation.

  32. MS - Mayan Sacrifices by jackspenn · · Score: 5, Funny

    The main reason (as I understand it) that Mayan code never really caught on is because it regularly sacrifices files based around SUN java and mayaSQL code.

    --
    Respect the Constitution
  33. Re:its a trap by Requiem18th · · Score: 1

    Sadly that is relevant and not enough attention is paid to that problem.

    The abridged version is that MS did promise not to sue mono over any patents it owns SO LONG AS IT OWNS THEM. MS can sell those patents to a patent troll voiding the promise.

    People have asked for actual licenses but MS and its apologists always reply that the promise is sufficient and that MS does not intend to sell said patents, sure...

    --
    But... the future refused to change.
  34. New eye advice sought by cptnapalm · · Score: 2, Funny

    "have agreed to release the tool's source code under the terms of GPLv2."

    Anyone know where I can buy some new eyes? Mine just exploded.

    1. Re:New eye advice sought by PineGreen · · Score: 1

      So, how did you manage to type this with exploded eyes? Surely, you can touchtype, but mousing skills required...

  35. Y2012 problem: Mayan calendar runs out by David+Gerard · · Score: 5, Funny

    The New Age spiritually aware around the world are running up against the end of the Mayan Long Count Calendar. Mayan date 12.19.19.17.19 will occur on December 20, 2012, followed by the start of the fourteenth cycle, 13.0.0.0.0, on December 21st.

    The event was first flagged by megalith scientist Terence McKenna. The end of the thirteenth cycle would break many megalith calculations — which conventionally use only the last four numbers to save on standing stones — with fears of spiritual collapse, disruption of ley lines, Ben Goldacre driving the chiropractors back into the sea and the return of the great god Quetzalcoatl and the consequent destruction of all life on earth.

    Megalith programmers from 4000 years ago are being dredged up from peat bogs and pressed into service to get the henges updated to handle the turnover in the date. “It could be worse,” said one. “I could still be programming COBOL.”

    Sceptics may choose the Winter Solstice on December 22nd (13.0.0.0.1) to attack, to take advantage of weakened qi. In case vital services are temporarily cut off, spiritually aware persons should stock up on crystals, copies of Sun Signs, a duly blessed tarot deck and other essentials. “They should get as well a suitable selection of blessed Hopi ear candles,” said Y2012 consultant Ravenwoo Granola, DD, 31, Ph.D (Univ. P.T. Barnum Mail-Order), “unicorn posters, holistic medicines, Silver RavenWolf books, purple clothing, protective pentacles — earrings for the ladies, pendants for the gents — make sure the house is absolutely robust in feng shui, your energetic vibrations are aligned and your Eostre rituals are up to date and keep only homeopathic quantities of money around. I’ll be happy to take on the danger of handling the rest. Here’s a price list. Everyfink for the spiritual survivalist.”

    Others dismiss the problem. Sandra Noble of the Foundation for the Advancement of Mesoamerican Studies considers the Y2012 problem “a complete fabrication and a chance for a lot of people to cash in.” However, Y2012 consultants deride “2012-deniers” for having their heads in the sand as to the vast and overwhelming spiritual importance to humanity of keeping their consultancies rolling.

    --
    http://rocknerd.co.uk
    1. Re:Y2012 problem: Mayan calendar runs out by GaryOlson · · Score: 1

      This scenario would make a really awesome theme casino in Vegas.

      --
      Every mans' island needs an ocean; choose your ocean carefully.
    2. Re:Y2012 problem: Mayan calendar runs out by RealGrouchy · · Score: 2, Funny

      This scenario would make a really awesome theme casino in Vegas.

      Why go to all the trouble of building a casino when new agers will throw their money at you for rocks and water anyway?

      - RG>

      --
      Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
    3. Re:Y2012 problem: Mayan calendar runs out by evilviper · · Score: 1

      How dare you discuss the end of the world, and completely omit the key role of the Stay Puft Marshmallow Man?

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    4. Re:Y2012 problem: Mayan calendar runs out by smash · · Score: 1

      someone please enlighten me as to why teh mayan calendar running out is a problem? didn't we run out of mayans ages ago?

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
    5. Re:Y2012 problem: Mayan calendar runs out by Thinboy00 · · Score: 1

      someone please enlighten me as to why teh mayan calendar running out is a problem? didn't we run out of mayans ages ago?

      Nope!

      --
      $ make available
  36. Global Warming is a Hoax? by WED+Fan · · Score: 1

    Well, if Hell really is freezing over, does that mean Global Warming is a hoax?

    --
    Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong fix.
    1. Re:Global Warming is a Hoax? by MaliciousSmurf · · Score: 4, Informative

      Nope. All that heat has to go somewhere. As hell freezes, Earth burns. Thermodynamics, woo. Unless hell is adiabatic. In which case I'm royally screwed. As is the first law.

    2. Re:Global Warming is a Hoax? by icannotthinkofaname · · Score: 2, Funny

      No, Hell is simply expanding faster than the rate at which the volume of souls is increasing.

      Global warming could still very well be hokum.

      --
      Let q be a radix > 1. I am in ur base-q, killing 10 d00ds.
    3. Re:Global Warming is a Hoax? by Anonymous Coward · · Score: 0

      (Score:4, Informative)

      Seriously, only on Slashdot. Ever. Unless hell freezes over.

    4. Re:Global Warming is a Hoax? by Shienarier · · Score: 1

      You can't use Newtonian physics for cross dimensional calculations.
      That's just silly.

    5. Re:Global Warming is a Hoax? by Thinboy00 · · Score: 1

      Einstein's equations are too hard for a back-of-the-envelope calculation, and string theory has to many different varieties.

      --
      $ make available
    6. Re:Global Warming is a Hoax? by MaliciousSmurf · · Score: 1

      Not newtonian physics. First law of thermodynamics.

  37. outside contractor, what contractor? by TiggertheMad · · Score: 1

    Yes, I cant tell that the MS ninja assassin squad has been dispatched already. I just heard them running over our building's roof. I know they are the MS ninjas because they are the only ninjas in Redmond that wear giant clown shoes.

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
  38. Re:Where's BadAnalogyGuy when you need him? Slacke by value_added · · Score: 1

    This is just a utility that MS released to help people be able to burn a Windows 7 iso onto USB/DVD.

    From the Annals of Just Another Utility ...

    By the time you add the 1001 "tools" that Microsoft offers (tools tucked away on an installation CD, in the various Resource Kits, the Sysinternals collection, etc.), and then add any number of "must have" third-party tools just so you can have a system that does more than open a file or web browser, you might as well have installed Linux distro or FreeBSD and had both your tools and package management all taken care of for you. Hell, the only thing missing would be a mint on your pillow!

    Oooh, is that an installer? I wonder if I'll get any choices as to what happens when I run it, whether the un-installer works, or I get a systray icon. Maybe it's a self-extracting executable? Don't like those. Last time, it dumped all sorts of shit somewhere on my C: drive. Never know whether I should save it, or all the shit it created in a folder with a different name. I know! It's a standalone program. My friend told me just to run it, so let's see what happens ... Wait. Lemme go check the wepage again. Now where did I store that URL ...

    Sigh. Lather, rinse and repeat.

    People always complain about Windows programs not being available on Linux. I have the complete opposite opinion. Of all the tools and programs I take for granted on a *nix system, few are available for Windows (modulo a 500MB Cygwin installation), and what does exist, typically sucks.

  39. Re:cluess about licensing... by Bruce+Perens · · Score: 4, Interesting

    Yes. But you'd be shocked at the testimony I read, as an expert witness, from engineers and their managers. Incompetence is rampant. Unfortunately, the cases are settled and sealed, so I can't show you.

  40. Contracted to a 3rd party .. Grrrrreaaaattt by unity100 · · Score: 1

    so you expect us to install your operating system in computers in corporate environments, government offices, whereas you contracted stuff out to third parties.

    just exemplary.

    1. Re:Contracted to a 3rd party .. Grrrrreaaaattt by Anonymous Coward · · Score: 0

      They don't "expect" you to install their operating system, they hope to sell it to you by persuading you it's something you want... and what exactly is wrong with contracting out the writing of specific tools? You aren't happy unless every line is written by a fully-vested Microsoft employee?

      Hell, any given distro of Linux is almost nothing *but* third party code.

  41. Re:A setup? by Anonymous Coward · · Score: 0

    Kind of like how it takes a Carter to get a Reagan? It's nifty how there are patterns in history and everything... you know? Seems it keeps happening: Carter/Reagan, Win95/WinXP, Vista/Win7, Obama/... oh wait, nevermind.

  42. Re:This Is Too Leinient For M$ by Tawnos · · Score: 1

    It's twitter, but he got so tired of being -1 that he's stopped bothering logging in to any of his sockpuppets. It's... truly amazing.

  43. When people say 'Microsoft did this' by shadowofwind · · Score: 1

    and 'Microsoft did that', I think some people forget how big the company is. Yes, the top brass are ultimately and formally responsible for everything the company does, and they set the tone. But its not like its possible for everything that any peon decides to do can get reviewed by a single central authority. This applies, for example, to stupid patents.

    The same principle applies to stupid things done by any national government.

  44. Hah! by __aakdpj1217 · · Score: 0

    I love being right! Hate to say it... But told you so fanboiz!

    1. Re:Hah! by Ash-Fox · · Score: 1

      I love being right! Hate to say it... But told you so fanboiz!

      Someone is wrong on the Internet!

      --
      Change is certain; progress is not obligatory.
  45. Nice by tjwhaynes · · Score: 1

    Where are my mod points Slashdot? Where are they?

    --
    Anything I post is strictly my own thoughts and doesn't necessarily have anything to do with the opinions of IBM.
    1. Re:Nice by hrimhari · · Score: 1

      You probably spent them on Noundi : )

      --
      http://dilbert.com/2010-12-13
  46. Re:cluess about licensing... by CFD339 · · Score: 2, Insightful

    I've done my share of expert witness work (usually on the security side) so no, not surprised. But usually pleading ignorance doesn't necessarily mean there was actual ignorance.

    A programmer knows when he didn't write the code.

    --
    The problem with quotes on the internet, is that nobody bothers to check their veracity. -- Abraham Lincoln
  47. Re:cluess about licensing... by Anonymous Coward · · Score: 0

    Yes, a woman always knows. Good to have you here.

  48. Fair Play by Dartz-IRL · · Score: 2, Interesting

    That's all that need be said. Microsoft realised it was in the wrong, and took steps to correct it. They didn't stonewall, they didn't hide. I must admit to being pleasantly surprised. Microsoft themselves place great importance on respecting software licenses/copyright, and it's nice to see them practice when it comes to other people's copyrights.

    --
    So there I was, scribbling down some notes off the PC screen by hand, when I reached for the keyboard and Ctrl-S'd.
    1. Re:Fair Play by interval1066 · · Score: 3, Funny

      They did "Man up", as it were. Yes, we are all pleasantly surprised. Inspired, I just halted my download of Windows 7, vowing then and there to pay full price.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    2. Re:Fair Play by app13b0y · · Score: 1

      They did "Man up", as it were. Yes, we are all pleasantly surprised. Inspired, I just halted my download of Windows 7, vowing then and there to pay full price.

      Here is your subpoena to show up in court for sharing an illegal copy of Windows 7. You now owe us $200,000 for lost revenue, and thank you for also purchasing a legal copy of Windows 7. - Microsoft

    3. Re:Fair Play by Anonymous Coward · · Score: 0

      One outlier does not a trend make.

  49. Re:Where's BadAnalogyGuy when you need him? Slacke by EvanED · · Score: 1

    People always complain about Windows programs not being available on Linux. I have the complete opposite opinion. Of all the tools and programs I take for granted on a *nix system, few are available for Windows (modulo a 500MB Cygwin installation), and what does exist, typically sucks.

    Wow, different OSes work well for different people in different situations. Who'd have thunk it?

    (Sorry for the snark there.)

  50. nah, just "services rendered" by ChipMonk · · Score: 1

    They were paid to deliver a program, not to write the entire thing from scratch.

    1. Re:nah, just "services rendered" by jcoy42 · · Score: 1

      Perhaps this would help to clear things up for you.

      --
      Never trust an atom. They make up everything.
  51. I'm just curious... by sphantom · · Score: 3, Insightful

    Why is Microsoft farming out the programming of a relatively simple tool when they have 10s of thousands of programmers and consultants on their payroll? Issues like this are exactly why you shouldn't outsource work when you already have employees that could do the job.

    1. Re:I'm just curious... by Cyrano+de+Maniac · · Score: 2, Insightful

      You answered your own question -- it's a "relatively simple tool". The tool has relatively little value-add or innovation compared to their other work. They'd rather spend their employees' time on developing software more core to their business.

      The fact that this particular utility isn't particularly core to their business or seen as critically valueable or innovative is evidenced by the quick turnaround in releasing the source code. It's so far from their core business that it's just not worth their developers' and lawyers' time to rewrite/relicense/etc. the code to avoid the GPL entanglement, so the least expensive route to their objectives was to release the code.

      --
      Cyrano de Maniac
  52. Re:A setup? by Anonymous Coward · · Score: 0

    Though if you think Microsoft executives seriously looked around the table and laughed at how they fooled everyone releasing a crappy product, I don't know if anything will convince you that you're wrong.

    Whoa, the OP was joking...does no one have a sense of humor when it comes to /.?

  53. Decent resolution. by transiit · · Score: 1

    So after reading many years' worth of Microsoft talking about how the GPL is the worst thing ever, I'll give them credit for dealing with this situation appropriately.

    Granted, their risk profile of releasing the source for such utility is pretty minimal, but I'll give them credit for going the user-friendly route of complying with the GPL instead of trying to quash all distribution of the tool they were distributing.

    It doesn't bring them up high on my measure of regard, but I'll give them the tip of the hat for aiming the right way on this one.

  54. Re:GPL License Polution by Anonymous Coward · · Score: 0

    LOL

  55. Re:A setup? by Anonymous Coward · · Score: 0

    >Though if you think Microsoft executives seriously looked around the table and laughed at how they fooled everyone releasing a crappy product, I don't know if anything will convince you that you're wrong.

    Alchin is gone.. but maybe laughing to the bank.

  56. Re:cluess about licensing... by transiit · · Score: 2, Insightful

    More to the point, as a software engineer, or code monkey, or code master, whatever, you should be well aware that if it's code you didn't write, don't use it until you're clear as to the ramifications.

    I avoid using any example code I see unless I can understand it and there's a clear statement of "Hey, this is example code, by writing this tutorial, we kind of expect you'll be making a derivative of it."

    Treating GPL-licensed code (or some open source license) under the same regard is poor thinking. Passing it off that some manager will catch it is worse.

    That strikes a little too close to "Sure, I plagiarized my college essays, but I didn't get caught, so I must've done the right thing." Unfortunately, fair use has not been well-defined with source code (or, anything, really), so where you could poke a hole in that analogy with "But I made appropriate reference!" (i.e., telling the person that paid you to do the work), becomes very fuzzy, very fast.

  57. Re:A setup? by mindbrane · · Score: 1

    OK, so before I get flamed, I'm not saying anything like Gates and Ballmer aren't building a DeathStar. I'm not saying anything like that but I've been running Vista 64 on an intel Core2 Quad with a so so vid card and a mere 4 gigs of ram hooked up to a ViewSonic 37" 720p and I'm not as deeply, bitterly disappointed in Vista as I initially was. I'm glad MS moved on and tried to bring out a better product in Win 7 but I think Vista was the result of a decision to effect major changes and get away from their bastard children that began with Windows 95. Win2K was a bit of a sweet spot but was more a product from the NT line so I think they had to make the decision to draw a line with Vista, and, many products and drivers couldn't feasibly make it across that line. To be a winner an OS needs good complimentary hardware and I don't think Vista, especially 64 had the peripherals on the shelf to help drive sales. Sure it boots glacially slow and if I overload it I still have to kill explorer.exe but overall Vista may turn out to be a good decision in terms of future products and it's not that bad. I recently, lazily dragged a ~52 gig, 3.5k files, folder from one partition on one drive into another folder on another partition and let it run while I watched a movie and hand a handful of other apps running and Vista chugged along without so much as a shrug, transfering the files in about 25 minutes. Not so bad. But, again, I know about the DeathStar and plans for Galactic domination, I've got extra pop and cookies in my mom's basement and I'm ready. :)

    --
    ideopath @ play
  58. The rational decision happened to be the right one by straponego · · Score: 1

    I don't think you can ask for more than this reaction. They certainly reacted more ethically than many, many GPL violators (Hi Linksys/Cisco!). So, good for them, and good for us. The responsible individuals should be fired, tarred and feathered-- but I can't believe that this was in line with corporate policy.

    But it was also very much in their best interests. If they take on the GPL, what other licenses come into question? Their entire business is based on the copyright status quo. No need to rock that particular boat. They've already experimented with taking on free software via their proxy SCO, and lost. Doing so directly would entail high risk, small possibility of reward, terrible PR, alienating their customers, most of whom probably use GPL/Linux software as well as Microsofts-- and for what? Some trivial piece of code they intended to distribute for free anyway? Why on earth would they do that?

  59. "When I worked at Microsoft..." by Helldesk+Hound · · Score: 2, Insightful

    Hi,

    In general terms I'm curious to learn a little more about this.

    How long ago did you stop working for Microsoft? For how long were you working for that corporation? And in general terms why did you decide to stop working for Microsoft?

    The reason why I am asking is so that I can get a feel for the validity of your statement about the coding culture amongst people working for Microsoft.

    1. Re:"When I worked at Microsoft..." by Anonymous Coward · · Score: 2, Interesting

      Not the OP, but I work at Microsoft and can vouch for his/her statements. As a company we're paranoid beyond belief about intentionally or accidentally including someone else's code. We aren't even supposed to read patents, for fear that we might become "tainted".

      Sorry for posting AC, but I'd like to /remain/ employed at Microsoft for the time being.

    2. Re:"When I worked at Microsoft..." by Anonymous Coward · · Score: 0

      A current MSFT employe here, and thirded. Though a strict "no looking at patents" policy has been the norm in all software development companies I've worked at before MS, for obvious reasons. Paranoia about third-party code is definitely quite unique, though. Not that you can't do that, if the license permits (BSDL etc), but you have to go through legal and jump through lots of flaming hoops to get there. Usually it's not worth the trouble.

    3. Re:"When I worked at Microsoft..." by Steeltoe · · Score: 2, Funny

      But, but... Aren't patents supposed to be reviewed and spur innovation?

      We have been fooled!

    4. Re:"When I worked at Microsoft..." by Anonymous Coward · · Score: 1, Interesting

      Disclaimer: Posting AC since I currently work as an employee of the big evil beast. I wasn't hired there, I was acquired in a buyout. I am not a fan of this company. I prefer to not use their software. No, I'm not a developer.

      The massive volume of code produced by both in-house and 3rd party devs makes it hard to get through everything with a fine-toothed comb. However, there seem to be an inordinate amount of time spent saying to not use open source, and a focus on the value of originality. This is simply a case of something slipping through the cracks.

      I'm sure it has happened before and it will happen again. Shit happens. This time they got caught, that's all. At least they are appearing to play nice and follow the rules.

      Nothing to see here, please move along.

    5. Re:"When I worked at Microsoft..." by rakslice · · Score: 1

      Obvious reasons: Cargo cult behaviour? A shortage of rational thinking skills ("if we cover our eyes then they won't be able to see us")? Not knowing the difference between copyrights and patents ("tainted", above)? The closest thing to a rational argument I've heard goes to this last point; even though whether you've infringed a patent has nothing to do with whether you know about the patent or not, in certain places courts can award triple damages when a company "willfully" infringes a patent, and so the theory goes, having a copy of the patent sitting in some dude's browser cache when the subpoena comes along might give people the wrong impression (i.e that someone in your company knew that the patent applied to whatever you were doing that the patent holder didn't like and they chose to do it anyway) and that impression could make the case for willful infringement, even without any evidence that someone in the company thought the patent was infringed. And, even though the company can't estimate the number of patents they accidentally infringed, it can't be affected by not reading any patents, or certainly not to the tune of 300%. I don't know what number you have to multiply 0 by to get any given number, but I'm sure it's way less than 3.

      While we're on the subject, can anyone think of some reasons why MSFT, the world's (second?) largest software patent holder, would have us believe that a "no looking at patents" policy as a standard industry practice is a sound plan and not a red herring at all?

    6. Re:"When I worked at Microsoft..." by Anonymous Coward · · Score: 0

      It seems pretty obvious to me, and I don't even write software or work for Microsoft -- I'm a scientific researcher in academia.

      One of the commonest ways people learn to solve problems is by studying how other people have solved similar problems. If you look at unexpired patents, you're looking at methods of solving problems that you aren't allowed to use without paying royalties. If you later come across a similar problem, you could very easily subconsciously recall the patented method as a solution, in exactly the same way you recall methods you studied at university etc, without recalling that you read about it in a patent. If you then use the method, without realising it's patented, you could inflict a huge financial penalty on your employer.

      The point of patents is to provide a temporary monopoly in exchange for sharing inventions, but the value of the latter only comes after the patent has expired. It's certainly good practice to study expired patents related to your field, and patent new ideas you come up with (and thereby also find out if someone has already patented them), but you'd have to be crazy to study unexpired patents, unless you have a cross-licensing agreement with the relevant patent holder.

  60. Re:its a trap by Blakey+Rat · · Score: 1

    Duh?

    Obviously, Microsoft would no longer have control of the patents if they were sold. So I don't see why their statement is controversial on any way (instead of, you know, simply blindingly obvious.)

  61. Re:A setup? by cstacy · · Score: 1

    OK, so before I get flamed, I'm not saying anything like Gates and Ballmer aren't building a DeathStar. I'm not saying anything like that but

    You're just asking questions?

  62. What you need to know... by symbolset · · Score: 5, Insightful

    The reason why I am asking is so that I can get a feel for the validity of your statement about the coding culture amongst people working for Microsoft.

    There are very few things you need to know here. Programmers for Microsoft:

    1. Wanted to work for Microsoft
    2. Convinced some people at Microsoft they would play along with their game
    3. Survived the spinup to the Microsoft programming culture
    4. Deliver the products you've come to expect

    Whether your interest is as a prospective buyer of their output of a prospective employer of a former Microsoft programmer, the choice is clear. Microsoft carefully selects their programmers from the brightest and the best because they can. They filter for the folks who can coexist with them because they must. They drive them with the processes that they have. The programmers deliver what they can in this context and accept the limitations of the context as a condition of employment. Having survived this experience a programmer must necessarily have certain properties which, depending on your point of view, mark him "desirable" or "undesirable".

    --
    Help stamp out iliturcy.
    1. Re:What you need to know... by jimicus · · Score: 1

      Programmers for Microsoft: ....
      Deliver the products you've come to expect

      Do you mean "Years late, then claim that their product displays incredible innovation because it implements features which have been in other systems for years, sometimes decades and even then their implementation of it is seldom any good until at least the second, often third version"?

    2. Re:What you need to know... by AniVisual · · Score: 1

      This is a troll. Substitute MS for any other high-profile company and it will still hold valid.

  63. That's one small step for man... by ub3r+n3u7r4l1st · · Score: 1

    ....one giant leap for Microsoft towards the OpenWindows Initiative.

  64. FAT filesystem? by ebydav · · Score: 2, Interesting

    Since it's used to set up a USB flash drive, does the tool happen to contain code to read/write to a FAT filesystem? Would be interesting to see that particular arrow removed from their patent quiver...

    1. Re:FAT filesystem? by Vampo · · Score: 1

      Since it's used to set up a USB flash drive, does the tool happen to contain code to read/write to a FAT filesystem?

      Highly unlikely. What are the odds of the contractor re-implementing part of the windows API?

  65. Re:a big round of thanks to that outside contracto by zach297 · · Score: 1

    Unless they did it intentionally, in which case they got to make an open-source app on Microsoft's dime.

  66. Half full is half empty by rakslice · · Score: 1

    I see a lot of kudos going to Microsoft for releasing the source.

    That's pretty big of you, oh great Slashdot community, since they've basically done what any presumably expensive legal team would tell them, no?

    But perhaps you haven't yet realized that the story of this incident will be long remembered... as it will be rehashed in 40 foot tall flaming allcaps in every MS FUD piece from now until eternity.

    This is exactly the kind of 'submarine' GPL code incident that MS has been warning would come of GPL-like 'viral' license (those that require derivative works be made available under similar terms) ever since the time of the Halloween memos when they started to see Linux as a threat. I won't go so far as to suggest that MS manipulated their way into this situation (I see some ideas about the mechanics of that above) but in any case

    1. Re:Half full is half empty by rakslice · · Score: 1

      ... whoops, lost my train of thought there ... in any case they couldn't have expected a better relatively harmless illustration of their point to happen to them.

    2. Re:Half full is half empty by Courageous · · Score: 1

      That's pretty big of you, oh great Slashdot community, since they've basically done what any presumably expensive legal team would tell them, no?

      Mmmmm. No. Presumably their expensive legal team told them to "release source code or cease infringement." The latter involves replacing the offending code, and potentially paying a fine. For whatever reason, they chose the former. At a guess, they looked at the relative value of the program itself, as well as community value to their label for their choice of license compliance, and made an informed decision.

      If Microsoft later says they were "forced" to release their source code, it will be a bald faced lie, because you can be sure that their corporate counsel isn't incompetent.

      C//

    3. Re:Half full is half empty by rakslice · · Score: 1

      Good point. I forgot that ultimately what it comes down to is only what the court would require: A fine/settlement? An order to release the source for this tool? I don't think those are a big deal. But what if the court forced some other GPL terms?

      Er, that tool doesn't by any chance access anything on a FAT filesystem using the techniques covered by the patent that MS has sued people over, does it?

    4. Re:Half full is half empty by Courageous · · Score: 1

      A court wouldn't normally force the other GPL terms in a situation where the violator did not willfully violate the license. Most Fortune 500 company GPL violations, I am certain, are programmers grabbing GPL code who don't even know what they are doing. In this case, where the company hired a subcontractor (where some programmers, not knowing what they were doing, probably grabbed the code) and the subcontractor was responsible for the violation, you can be sure that the only thing the court would require is that the cease infringement.

      As for what the GPL requires, one must understand that in these cases of accidental violation, one cannot assert that the violator ever agreed to the GPL. If they didn't agree, there is no agreement to act, and without that the case devolves back to a copyright violation. For that, the prayer for relief is generally "stop violating," and possibly "pay damages".

      What I'm trying to say is that a perfectly fine option for Microsoft in this case would have been to remove the offending portion of the program and replace it with proprietary code. The original owner of the violated GPL code may have had a case for damages, of course.

      C//

  67. GPLv2? by Anonymous Coward · · Score: 0

    The fun thing about the GPLv2 is that once your rights are terminated, only the copyright holder can restore them. Read that again: only the copyright holder can restore them. You can't just begin abiding by the terms of the GPL after the fact and claim to be in compliance. The copyright holder can still bust you if they want to.

    Now, I'm not the copyright holder and I don't know who is, but it's just something to point out here. The GPLv3, incidentally, has a provision where you *can* get your rights restored automatically in certain cases, which is why I know this.

    So, there's a good reason why they should want to make nice right now. They need to have the copyright holder forgive them, or they're hosed.

  68. Actually... by YuppieScum · · Score: 1

    ...it should be a Twinkie.

    --
    This sig left unintentionally blank.
  69. MS can't code a trivial application? by Ilgaz · · Score: 0, Flamebait

    MS ships a modern OS, including kernel, massive frameworks, driver infrastructure to work on billions of different configurations and it is reviewed to be a good one.

    How come some developer of them doesn't write that tool in matter of hours using the APIs already built into Windows? Who really runs Microsoft these days?

    They could at least license a known, legit, stable tool and if you pay them Microsoft way, they won't even bother if their name is mentioned. For example, instead of trying to code their own "download" tool, Adobe licensed Getright framework. Instead of coming up with a "zip" compressor, they licensed a massive compressor which will save them bandwidth (amazing amount).

    Now that little tool will cost them millions. You know why? People accusing them of stealing open source and even making movie about it (anti-trust) have another example in hand. Or, if I was some Redhat seller, I would say "MS? They can't even code their own software without stealing from us (open source camp)"

     

  70. Plus up to 150k per copy by Anonymous Coward · · Score: 0

    Plus up to 150k per copy.

    Which would be several trillion dollars.

    Would MS fold then?

    You betcha.

  71. Did you see comments? by Ilgaz · · Score: 1

    Not just that, nobody believed the guy. Everyone joked about using same API calls etc.

    I don't see them apologize now, as usual. It means even if you find about it, you may stay silent not to bother with these idiots and a giant software monopoly like MS.

    I still have no clue why World's largest OS vendor can't write their own damn tool. It is not Photoshop for God's sake.

  72. MS would have to release as GPL3 though by Anonymous Coward · · Score: 0

    MS would have to release as GPL3 though, since they don't have right to release (or use) under GPL2 unless they get a forgiveness. So if MS release their stuff under v2 they are still violating copyright until the owner says "OK, you can use it.".

  73. I don't buy it by Ilgaz · · Score: 1

    It takes 10 secs to explain a user what GPL is and even with that 10 sec knowledge, he can understand the real idea behind it to call it "absolutely utopic".

    I am speaking about a "user" without no kind of developer background and does nothing technical except running Apple software update.

    I don't buy a company which has reached to a level of doing business with MS for MS OS distribution doesn't know the implications of using GPL software. At least they could go for BSD licensed software which has a perfect example in commercial OS land, OS X.

  74. too bad by pmarini · · Score: 1

    too bad that the IP stack or Mosaic were not released under GPL by BSD and NCSA... could you imagine Microsoft publishing the whole Windows XP code... "Internet Explorer cannot be disabled because it's an integral part of the operating system..."

    --
    Can I put a spell on those who can't spell?
    Your wheels are loose and they're losing their grip, good you're there.
  75. THe True Story by Provocateur · · Score: 1

    In the offices of the Third Party, there is a buzz in the air:

    "What do you mean, Microsoft is buying our company? Us?"

    "What did we do to attract their attention?"

    "This app that they've included from us was worthy, it seems."

    "That's great! We can retire early!"

    While in his quiet corner in his cubicle, Mr. CodeWarrior reading /. looks up and realizes what no one
    else is:

    "They're buying us so we can take the fall--we're the patsy!"

    ( cue ominous music as he spits out his coffee )

    --
    WARNING: Smartphones have side effects--most of them undocumented.
  76. Re:A setup? by Anonymous Coward · · Score: 0

    Are you telling me they purposely put GPL code into their code with the express intent of being caught?!

    GP is a troll, granted. But Microsoft could have stopped this with vendor contracts that made their fears clear. No GPL or you owe us a zillion dollars, managers must sign off on non-free code statements, etc... You must agree that they knew this would happen eventually. So what did they choose to do about it? Management created a situation where the "viral" GPL *forced* them to release code.

  77. Re:Implications - Teaching IP Law by GrantRobertson · · Score: 1

    More universities should include a course in IP law and open source licensing in their computer science programs. I know none of the programs I have looked at teach it. Perhaps at some of the better schools...

  78. Questions from a non-lawyer by jonaskoelker · · Score: 1

    The author was entitled to compensation for the illegal distribution of his code

    In terms of damages, right? Wouldn't it then be up to the court to decide (based on evidence of damages, or statutory damages) exactly what the original author is entitled to?

    If it turned out that GPL code was spread throughout Windows (highly unlikely, I'd think), they would almost certainly prefer to pay up rather than make Windows Free Software.

    Why does Microsoft have a choice here?

    Couldn't the original author sue for damages and also demand that MS either removes the infringing code or becomes compliant with the GPL?

    As far as I know, he could even choose to not offer the license again, completely forbidding MS from distributing the code and thus forcing them to remove said code.

    As far as I understand these matters, the original author would have the option of not letting Microsoft just pay up and continue redistributing.

    Can someone clarify?

    1. Re:Questions from a non-lawyer by amorsen · · Score: 1

      In terms of damages, right? Wouldn't it then be up to the court to decide (based on evidence of damages, or statutory damages) exactly what the original author is entitled to?

      Yes, certainly. That's what I meant by compensation. Microsoft would have to pay some amount decided by the courts to the author.

      Couldn't the original author sue for damages and also demand that MS either removes the infringing code or becomes compliant with the GPL?

      Certainly, they'd have to remove the code. I still think they'd prefer that over making Windows Free Software.

      As far as I understand these matters, the original author would have the option of not letting Microsoft just pay up and continue redistributing.

      Sorry if I implied that they could continue redistribution. They couldn't.

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    2. Re:Questions from a non-lawyer by ais523 · · Score: 1

      As far as I know, he could even choose to not offer the license again, completely forbidding MS from distributing the code and thus forcing them to remove said code.

      There's a clause in GPLv3 that allows people and companies to automatically restore their licence after accidentally breaking it, but only the first time a particular company violates a GPL given by a particular author (as long as the problem is corrected within 30 days); additionally, it by default reinstates 60 days after a company stops infringing the licence unless the copyright holder calls them on it. (It wasn't in GPLv2, though; and I don't know if Microsoft are using it or not.)

      --
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  79. The GPL requires itself to be advertised by jonaskoelker · · Score: 1

    Question: how can you tell GPL code is GPL code unless you know that it's GPL code?

    Version 2 requires that GPL-covered code states clearly that it's covered by the GPL.

    [Section 1] You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.

    Section 2, which covers modifying and then distributing, says "do Section 1 in this case too".

    See http://www.gnu.org/licenses/old-licenses/gpl-2.0.html for the full text.

    1. Re:The GPL requires itself to be advertised by jim_v2000 · · Score: 1

      >Version 2 requires that GPL-covered code states clearly that it's covered by the GPL.

      Which does you no good if the person you get your code from strips that out.

      --
      Don't take life so seriously. No one makes it out alive.
  80. Msft has not been acting in good faith by walterbyrd · · Score: 1

    Msft has openly declared war on foss, and has pulled numerous under-handed, maybe even downright illegal, stunts to kill off any foss competition. From bribing officials to get to OOXML passed as an open standard, to financing the scox scam, to rigging a patent lawsuit against redhat, and so much more.

    If this was the first time that msft stepped out of line, I think people would find it a lot easier to forgive.

  81. Watch out, it's a trap! by marciot · · Score: 1

    Whoohoo! A win for open-source! Linux geeks everywhere can now recompile the source code for this tool on their favorite Linux distro, run it... and install Windows 7?

    Sounds like a Pyrrhic victory to me...

  82. write a tool using Bing API by Anonymous Coward · · Score: 0

    MS has enough resources to quickly create tools powerful enough to crawl all of the world's opensource databases.

    What is this big thing about Bing being better search than Google, if Microsoft can even crawl opensource databases?

    Now I'm not sure I want to use Bing to do web search.

    Is it so difficult considering that Google stores multiple copies of the web in RAM, across locations around the globe?

    How difficult can it be to do this, as against paying millions or billions settling IP lawsuits?

    Excuses asking for sympathy with the above argument sound totally lame.

  83. Yeah, now you comply with our patents!!! by Anonymous Coward · · Score: 0

    Clever trick. First they include some GPL code then when it is pointed out to them they apologize and comply with the GPL. Now just wait for the day that they point out the breach of a Microsoft patent. They or their shills will remind the community about their own compliance and contrast it with the failure to immediately comply by the Linux people.

    Or not. Who can tell.

  84. Sue 'Em For Millions by mdwh2 · · Score: 1

    Indeed - the point is that they've already committed copyright infringement, releasing source code after the fact is irrelevant. This is the equivalent to someone getting sued for filesharing, and then offering to pay for the CD they copied. Does that get them off the hook? Of course not.

    So perhaps they should be sued for a few million dollars. Maybe they ought to be disconnected from the Internet too...

  85. GPL is like cancer? by d_jedi · · Score: 1

    So because the software tool in question used SOME GPL code (as well as plenty of custom code written by Microsoft or its contractors).. MS is forced to release the ENTIRE SOURCE CODE for the software.

    Does this not confirm Ballmer's statement from a few years back that the GPL was like cancer?

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  86. Integrity is the default. by jotaeleemeese · · Score: 1

    It is what is expected from entities living in an organized society.

    Nothing awesome about it.

    I

    --
    IANAL but write like a drunk one.
    1. Re:Integrity is the default. by Anonymous Coward · · Score: 0

      The point is there are two options, both of which are legal and ethical. One is to simply withdraw the binaries and replace the GPL'd code with new code. The other is to GPL and release their own code. Microsoft could easily have done either, but did the latter. That's why they deserve praise, not because they stopped inadvertently violating the licence for the GPL'd code.

  87. Third Party Contractor Overpaid? by Vastad · · Score: 1

    Hmm, if the third-party contractor basically plundered GPL code to fulfill a juicy contract with Microsoft, didn't they just bill for work they didn't do?

    I mean, if putting together this USB/DVD tool consisted of laying down a foundation other programmers had already worked through, and just adding some custom bits here and there, then Microsoft might as well have done it in-house. 5 programmers, a project leader, 20% of their work week for 3 months. Ta-daa! Same result without paying inflated 'consultant' prices.

    Anybody think this could be won in a small claims court?

  88. Re:its a trap by makomk · · Score: 1

    If Microsoft had granted a proper patent license it would be binding on any future purchasers of the patents. (That's why sensible companies and standards bodies want real patent licenses for the stuff they're using.) However, they haven't, and therefore they can destroy Mono at any time by granting themselves and their customers real patent licenses and then selling a few of the patents to patent trolls.

    You may recall they tried the same trick with a bundle of unrelated patents recently, but said patents unexpectedly ended up being resold to the Open Innovation Network.

  89. Where there is smoke there is fire. by Anonymous Coward · · Score: 0

    When I worked for an auditor years ago, it was customary if you found one inconsistency, there were usually more because of rubber stamping of like kind transactions. A deeper inspection was made of similar records to see if a red flag was warranted. I really think this should be done to Microsoft. A real savvy lawyer could attempt to force MS to open up their code. Would not that be interesting? Though a special master would have to be engaged to do it. If MS did not open up their code, it could become a hotbed issue.

  90. Some companies doing it by improfane · · Score: 1

    Some companies have actually jumped onto this and have developed 'open source auditing software which looks for OSS sourcecode or installed software.

    Take a look at the Silhouette Scanner page. I have no idea what it is like but it is quite shocking that it is being done. I imagine there is a market for this for large companies especially. If I was a large company and was outsourcing coding to other companies (or countries), I would want an automated tool to run back home to verify its integrity.

    Although I imagine it can be abused equally. If you know what the open source product is and where it is, you could probably obfuscate it.

    Found another one by OpenLogic but it does not sound automated.
    Anybody know any others?

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  91. If this was Apple by Yaos · · Score: 1

    They would sue the person that said they had GPL code and try to patent it.