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Microsoft Promises Not To Sue Moonlight 2.0 Users

darthcamaro writes "Moonlight 2.0, Novell's open source implementation of the Microsoft media framework, is now available and comes with a new patent promise from Microsoft. Any Linux user can use it now without worrying about being sued: '"A really important change in how the community and individuals will see and use Moonlight is a change and extension to the patent covenant that Microsoft provides to Novell and its end users," Brian Goldfarb, director of Web and user experience platforms at Microsoft, told InternetNews.com. "We're now increasing the reach of the agreement — Microsoft's commitment not to sue Novell or Novell's customers now extends to redistributors."'"

45 of 233 comments (clear)

  1. Re:We won't sue you... by Gwala · · Score: 5, Informative

    Estoppel?

    --
    #!/bin/csh cat $0
  2. Wonderful Marketing by Anonymous Coward · · Score: 2, Insightful

    Please use our format, even if we didn't sell you anything to view it, we promise we won't sue!

    Now that's marketing in action.

  3. Doesn't anybody proof read? by lolwhat · · Score: 4, Insightful

    "Moonlight 2.0, that's Novell's open source implementation of the Microsoft media framework in now available and with comes a new patent promise from Microsoft."

  4. That's Great! by okmijnuhb · · Score: 3, Funny

    I, in turn, promise not throw a chair at Steve Ballmer's head.

    1. Re:That's Great! by Tablizer · · Score: 2, Funny

      I, in turn, promise not throw a chair at Steve Ballmer's head.

      Yes, but like TFA contract, there are plenty of loopholes if you think hard enough. For example, that doesn't exclude throwing his head at a chair.
         

  5. Marketing Message? by quangdog · · Score: 4, Funny

    Just how effective is it to hear "use our stuff - we won't sue!" as the marketing message?

    Guess it's time to try a little test...

    I promise not to sue anyone who buys my iphone apps.

    There. We'll see how that works out for me.

    *ducks under the desk for cover from the coming flames*

    1. Re:Marketing Message? by mr_lizard13 · · Score: 2, Funny

      *ducks under the desk for cover from the coming chair*

      There, fixed that for you.

      --
      "We live in a global world" - Harvey Pitt, former Securities and Exchange Commission Chairman
  6. Re:Netflix by Anonymous Coward · · Score: 3, Informative

    No. Moonlight does not currently support DRM.

  7. IT'S A TRAP! by h4rr4r · · Score: 3, Insightful

    Without the DRM pack it is totally worthless. Plus it is far behind silverlight.

    IT'S A TRAP!

    1. Re:IT'S A TRAP! by nschubach · · Score: 3, Insightful

      We promise not to sue you, but we won't promise not to put in something proprietary and usage encumbering later.

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
  8. Sod Off Microsoft by segedunum · · Score: 4, Insightful

    I'm not the slightest bit interested. The only time I've ever used Silverlight is when I've watched SkyTV online in the UK as a media thingy for your browser. It doesn't interest me elsewhere (and I doubt whether that alone will sustain it long-term), as any kind of 'new' development platform (ActiveX 2.0?) and I'm certainly not interested in using it on non-Windows platforms because said media stuff doesn't work regardless. Just stop trying to legitimise Silverlight on other platforms because you aren't gaining any traction and stop using it to legitimise all of your patent bullshit. Anyone who works under that kind if duress, from a competitor no less, is stir-fry crazy.

    1. Re:Sod Off Microsoft by poetmatt · · Score: 4, Insightful

      nobody is interested. It isn't compatible with major apps that have been forced to use silverlight (as those use the latest version - not this moonlight 2.0), so from a user side there's 0 reason to use the stuff. Additionally, there's still a lack of other licensing and silverlight is a bunch of shit in general, and thankfully when HTML5 adoption comes around all of this garbage will be gone.

    2. Re:Sod Off Microsoft by Dan+Ost · · Score: 5, Interesting

      Users are becoming savvy enough to know that there are other browser options out there, so if people start using HTML5 and IE doesn't support it, IE will lose users. For that reason, MS can't afford to ignore HTML5.

      I predict that IE will implement enough HTML5 to be able to claim support for it, but the implementation will start out incomplete or not sufficiently robust to offer a good HTML5 experience. This will slow the uptake of HTML5 much like it did with CSS, but since MS no longer has the dominant position they had then, I don't think it'll matter much. If Google offers an improved youtube experience in HTML5, then people will switch to whatever browser supports it.

      The way I see it, MS is no longer trying to win the browser war. They're just trying to stay relevant.

      --

      *sigh* back to work...
    3. Re:Sod Off Microsoft by bcrowell · · Score: 5, Informative

      I'm certainly not interested in using it on non-Windows platforms because said media stuff doesn't work regardless.

      Yep. I was mildly interested in trying moonlight, because MS has put the famous Feynman lectures on physics online for free, in silverlight format. So when I saw the slashdot article today, I thought, OK, I'll try installing moonlight on my ubuntu box and see if it lets me watch the lectures. First off, I do an apt-get install moonlight-plugin-mozilla. Go to the MS web site. "Sorry, Silverlight for your browser is not officially supported. The full list of compatible browsers you [sic] can be found at http://www.microsoft.com/silverlight/get-started/install/default.aspx. Click on the link. "If you are using a Linux, FreeBSD or SolarisOS operating system, please press the Click to Install button to get the appropriate installation package for Silverlight." Okay, I click on the button and it sends me to go-mono.com. Download and install it. Restart my browser. Go back to the site for the Feynman lectures. "Sorry, Silverlight for your browser is not officially supported."

      So here's this thing that almost no web site actually uses, and it doesn't actually work. And it's proprietary. And they promise not to sue me for using it. Woo hoo.

  9. Re:We won't sue you... by Coriolis · · Score: 3, Insightful

    Estoppel. Seriously. It would really help the tone of this endlessly recurring argument if people would just look this one up.

    --
    Rgasuya aata! : I have been coding Perl and cannot tell where my fingers are now!
  10. Not a prob by ultrabot · · Score: 3, Insightful

    The problem is not being sued.

    The problem is that we don't necessarily want this MS-driven environment to become popular among devs.

    --
    Save your wrists today - switch to Dvorak
  11. Does it cover users of other FOSS OSes? by joelsherrill · · Score: 5, Interesting

    The summary specifically says Linux and the article linked to doesn't expand that statement. What about running it on *BSD, Haiku, Minix, RTEMS, etc.? Reading a quote in the article carefully says "redistributors". What is a redistributor? A Novell reseller?
    As a result of today's expansion of that deal, Moonlight users will enjoy protection under the patent covenant regardless of whether they're using Novell's (NASDAQ: NOVL) Linux distro or another distributor's.
    "A really important change in how the community and individuals will see and use Moonlight is a change and extension to the patent covenant that Microsoft provides to Novell and its end users," Brian Goldfarb, director of Web and user experience platforms at Microsoft, told InternetNews.com. "We're now increasing the reach of the agreement -- Microsoft's commitment not to sue Novell or Novell customers now extends to redistributors."

    The first sentence is the author's so reflects their interpretation. The second is a Microsoft person who uses the phrase "not to sue Novell or Novell customers now extends to redistributors". So who does that actually cover?

  12. Look at this from another perspective... by Anonymous Coward · · Score: 5, Interesting

    If somebody starts screaming "NO! I'M NOT GOING TO KILL YOU" what should you do? I don't know about you, but I'm running as fast as hell away from that person.

  13. I don't know what to beleive by Locke2005 · · Score: 4, Insightful

    When Steve Balmer says "Fucking Eric Schmidt is a fucking pussy. I'm going to fucking bury that guy, I have done it before, and I will do it again. I'm going to fucking kill Google." we are not supposed to believe this is an actual threat, but when he says "we won't sue you", we're supposed to believe he's telling the literal truth?

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
  14. Re:We won't sue you... by PinkyGigglebrain · · Score: 2, Insightful

    Like MS will really care about what a US Judge will say considering how "harshly" they where punished for using their monopoly to stifle, cripple and/or destroy competition in the USA. Even to the point of putting code in Windows to generate fake error messages, remember DR-DOS/Win 3.1?

    As to MS customers, like Joe Idiot Public will even notice, much less care, what MS does to f*ck over Linux. For the most part JIP doesn't even know there is ANYTHING besides Windows. Seriously, I once read a post on another tech board claiming that OX10.x was nothing but an app running on top of Windows. I hope he was a Troll but I doubt it. As long as he can email his mistress, manage his Fantasy Football team and surf porn you will not hear a peep from them no matter what MS does.

  15. Re:Netflix by mdm-adph · · Score: 2, Funny

    Windows Update.

    So, yeah, no much.

    --
    It is by my will alone my thoughts acquire motion; it is by the juice of the coffee bean that the thoughts acquire speed
  16. Re:We won't sue you... by sconeu · · Score: 4, Funny

    Really, what's to prevent them from waiting until the tech is firmly embraced, then changing the deal?

    Lando Calrissian?

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  17. perhaps... by i.r.id10t · · Score: 2, Interesting

    Perhaps Linux users would feel better if Microsoft was actually hosting the downloads, etc? Maybe pay for a token part time developer?

    --
    Don't blame me, I voted for Kodos
  18. Re:Flash by mdm-adph · · Score: 4, Insightful

    That's nice -- why don't Microsoft just release a version of Silverlight for Linux, themselves? Why depend upon some other group? Sure doesn't make me confident in Silverlight/Moonlight's future prospects for maintenance on Linux, that's for sure.

    --
    It is by my will alone my thoughts acquire motion; it is by the juice of the coffee bean that the thoughts acquire speed
  19. Re:Flash by DoofusOfDeath · · Score: 2, Insightful

    This helps them to compete with flash much more effectively. Now they are putting rest on doubters to use it on linux. I think this is good. Also, this helps Adobe to work hard on developing much better support for Linux.

    And what do you think will happen if/when MS succeeds in pushing Flash out of the marketplace?

    Just how much peace/love/flowers/self-restraint Microsoft's legal department will have once they no longer need to woo users away from Flash?

  20. Redistributors only or forks too? by Gopal.V · · Score: 4, Interesting

    What happens to developers? Just in case, we fork out Novell's moonlight tree because they got bought by someone (*cough* mysql, *cough*), will the conventant apply to us? Or does it only apply to code written by Novell & redistributed by others? Does this indirectly kill the freedom to modify & redistribute? like that firefox logo thing?

    Alright, I admit it, I do have an axe to grind against silverlight (and flash too, I guess). But this covenant just goes on to establish precedent in terms of patent coverage ... (yes, note my domain, I've been through this before).

    1. Re:Redistributors only or forks too? by BitZtream · · Score: 2, Funny

      If 'that firefox logo thing' was bad for you, nothing MS does will ever make you happy. I'm going to wager you are rarely ever happy anyway if thats all it takes to bother you.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
  21. Re:We won't sue you... by Tablizer · · Score: 2, Funny

    We won't sue you...but we'll sue your WIFE, your KIDS, your GRAND-MOTHER and EVERY MEMBERS OF YOUR FAMILY!!!!!

    Okay, but you'll have to wait until they come out of RIAA court.

  22. Re:We won't sue you... by natehoy · · Score: 3, Informative

    Here, looked that up for you on m-w.com:

    estoppel
    One entry found.

    Main Entry: estoppel
    Pronunciation: \e-stä-pl\
    Function: noun
    Etymology: probably alteration of Anglo-French estopere stopping, from estoper
    Date: 1531

    : a legal bar to alleging or denying a fact because of one's own previous actions or words to the contrary

    --
    "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
  23. Re:We won't sue you... by nschubach · · Score: 4, Insightful

    Then why make a promise in the first place, just make it free. There's a reason behind this "promise."

    --
    Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
  24. define:estoppel by tepples · · Score: 2, Informative

    Estoppel. [...] look this one up.

    It would probably help even more if you told us what it meant.

    Let me Google that for you.

  25. Re:Flash by tepples · · Score: 2, Insightful

    And what do you think will happen if/when MS succeeds in pushing Flash out of the marketplace?

    If Microsoft succeeds in making Silverlight match Flash feature-for-feature, people who want to make cartoons on Newgrounds won't have to pay $700, go back to school to qualify for academic pricing, or commit copyright infringement to get a copy of Flash anymore.

  26. Re:We won't sue you... by PinkyGigglebrain · · Score: 2, Interesting

    Verbal contracts don't mean sh&t in modern business since they are open to "selective memory" or "contextual interpretation" of a statement.

    They may be fine for getting someone to mow your lawn but for anything else, especially anything involving a MegaCorp, if its not in writing its not binding.

  27. What about corporate developers or commercial use? by greed · · Score: 5, Informative

    Hmmm....

    Microsoft has also pledged not to pursue patent claims against individual open source developers or non-commercial efforts, as well.

    As was (once again) pointed out on Groklaw recently, this sort of language is a restriction that is incompatible with the GPL. (GPLv2 section 6, much more explicit about patents in GPLv3 section 11.)

    Far safer to avoid Microsoft patented technology than to rely on such a promise.

  28. Re:Netflix by wile_e8 · · Score: 2, Insightful

    My alma mater's sporting event internet streams recently moved to CBS All-Access, and I've been missing out on them since All-Access uses Silverlight. I've been trying the Moonlight 2.0 betas though, and they still don't work, probably because the site is using Silverlight 3.0. And I'm sure that Moonlight 3.0 will come out just after All-Access moves to 4.0.

  29. Re:We won't sue you... by Anachragnome · · Score: 2, Insightful

    "Really, what's to prevent them from waiting until the tech is firmly embraced, then changing the deal?"

    A broad-reaching statement that they wouldn't sue?

    I'm sure someone would bring it up in court if they did sue.

  30. Includes Microsoft codec license by kriston · · Score: 3, Interesting

    This element stood out for me:
    "Moonlight includes the Microsoft Media Pack, which is a set of proprietary codecs that Microsoft has licensed from their own patent holders and makes available to Moonlight users, free of charge."

    --

    Kriston

    1. Re:Includes Microsoft codec license by h4rr4r · · Score: 2, Informative

      Also note that Novell will not distribute moonlight with the ffmpeg libs being used instead. They are too in bed with MS for them to allow the user to use truly free software.

  31. Embrace, extend, extinguish by jabjoe · · Score: 2, Interesting

    Judge them by their past actions not words. It's the same old trick we have seen again and again. If you embrace this standard, you will be extended and extinguished. I won't be surprised if there is suing down the line too, despite these promises, which no doubt only cover EXACTLY what there is now, under EXACT circumstances. They are fighting not just for their dominance but their way of doing software. It just takes my breath anyway anyone buys it to this. But these tend to be people who believe everything will be .NET/Mono and the whole thin client thing, sorry cloud thing too. Not sure how fat apps fit into the thin client view, but there you go....Maybe it will work better than it did last time with Java and thin clients, maybe BECAUSE of MS's embrace, extend, extinguish. But if it does, it will do nothing but greatly harm any platform not MS's, which harms everyone. Think IE without Firefox turning up, or Windows (Vista) without Linux netbooks turning up.

  32. A good reason not to use by FunkyELF · · Score: 2, Interesting

    One of the main reasons I got into open source software is because I didn't like the idea that newer versions of software could cost anything.
    Why invest time in learning Photoshop when this version costs $600 but the next version may cost $3,000.
    Some might say, just keep using the version you already bought. What happens when you can't buy a computer that comes with an OS that your version is compatible with?

    Microsoft saying, "We won't sue users of Moonlight 2.0", is saying what about 2.0.1, or 2.5, or 4.0.

  33. I'm sure there's nothing to worry about by NotPeteMcCabe · · Score: 3, Insightful

    There's nothing to worry about; the program is named wontsueforsure.

  34. Re:Great File Upload by h4rr4r · · Score: 5, Informative

    No the best way to do it is to not do every fucking thing over port 80. Try FTP or SFTP, the browser is not the only damn thing a computer can be used for and there are more ports than just 80.

    Damn kids these days.

  35. Sorry, but no deal. by Anonymous Coward · · Score: 3, Insightful

    I am no fanboy. My machine has an NVIDIA card and tuns of closed-source games on it.

    That said, I am not stupid. I know that if Silverlight ever becomes a dominant force in the realm of content delivery, MS will stab me in the back by either deliberately slowing development on the Linux version, or making it incompatible with the latest version that runs on Windows.

    We should stick with Flash. It may suck, but at least it isn't controlled by a monopoly OS vendor who lacks any kind of ethics.

  36. Re:We won't sue you... by V!NCENT · · Score: 3, Informative

    If RMS was never born then there would be no GNU. There would be no Linux. There would be no Apache. There would be no mainstream, payable internet at that time. There would be no netbooks. There would be no 3G modems in laptops. There would be no Android. The Intel atom would have never been created. There would be no Firefox. There would be no... well... want me to go on?

    --
    Here be signatures
  37. Re:What if... by ozmanjusri · · Score: 3, Informative
    what if the patent for some reason would end up in someone elses hand than Microsoft?

    This is an important question.

    Microsoft has already tried selling patents that could undermine Linux to patent trolls. If they have embeded patented methods in Mono/Moonlight, they could spring the trap at any time by selling the patent or transferring it to a proxy (like SCO).

    Interestingly too, the promise very specifically only covers Moonlight.

    "This patent covenant only applies to Moonlight and the version of Mono that ships with Moonlight," Goldfarb said.

    The failure to extend the promise to Mono would suggest Microsoft would still like to retain the option of preventing any non-Novell Linux distro from including the full Mono at some point in the future.

    --
    "I've got more toys than Teruhisa Kitahara."