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Software Freedom Conservancy Shares Thoughts on Microsoft Joining Open Invention Network's Patent Non-Aggression Pact (sfconservancy.org)
Earlier this week, Microsoft announced that it was joining the open-source patent consortium Open Invention Network (OIN). The press release the two shared this week was short on details on how the two organizations intend to work together and what does the move mean to, for instance, the billions of dollars Microsoft earns each year from its Android patents (since Google is a member of OIN, too.) Software Freedom Conservancy (SFC), a non-profit organization that promotes open-source software, has weighed in on the subject: While [this week's] announcement is a step forward, we call on Microsoft to make this just the beginning of their efforts to stop their patent aggression efforts against the software freedom community. The OIN patent non-aggression pact is governed by something called the Linux System Definition. This is the most important component of the OIN non-aggression pact, because it's often surprising what is not included in that Definition especially when compared with Microsoft's patent aggression activities. Most importantly, the non-aggression pact only applies to the upstream versions of software, including Linux itself.
We know that Microsoft has done patent troll shakedowns in the past on Linux products related to the exfat filesystem. While we at Conservancy were successful in getting the code that implements exfat for Linux released under GPL (by Samsung), that code has not been upstreamed into Linux. So, Microsoft has not included any patents they might hold on exfat into the patent non-aggression pact.
We now ask Microsoft, as a sign of good faith and to confirm its intention to end all patent aggression against Linux and its users, to now submit to upstream the exfat code themselves under GPLv2-or-later. This would provide two important protections to Linux users regarding exfat: (a) it would include any patents that read on exfat as part of OIN's non-aggression pact while Microsoft participates in OIN, and (b) it would provide the various benefits that GPLv2-or-later provides regarding patents, including an implied patent license and those protections provided by GPLv2 (and possibly other GPL protections and assurances as well).
We know that Microsoft has done patent troll shakedowns in the past on Linux products related to the exfat filesystem. While we at Conservancy were successful in getting the code that implements exfat for Linux released under GPL (by Samsung), that code has not been upstreamed into Linux. So, Microsoft has not included any patents they might hold on exfat into the patent non-aggression pact.
We now ask Microsoft, as a sign of good faith and to confirm its intention to end all patent aggression against Linux and its users, to now submit to upstream the exfat code themselves under GPLv2-or-later. This would provide two important protections to Linux users regarding exfat: (a) it would include any patents that read on exfat as part of OIN's non-aggression pact while Microsoft participates in OIN, and (b) it would provide the various benefits that GPLv2-or-later provides regarding patents, including an implied patent license and those protections provided by GPLv2 (and possibly other GPL protections and assurances as well).
Well, code under both the MIT and BSD licenses can be used in GPL's code, but since licenses like some of the BSD licenses allow for future code to be closed, there for removing the freedom of future uses, the GPL code can't be used in the BSD projects. Which is why GPL projects tend to do better (Example: Open Office [Apache] vs Libre Office [LGPLv3]). The GPL code can use all the features of the BSD code, but not the other way around. "GPL is not freedom". You definition of "Freedom" is different then mine. Your version of freedom is giving people the right to take away other people's rights by locking down code. That's like saying one country is "more free" because they don't restrict people from owning slaves. You might as well just put your code in the public domain at that point.
It is obvious that ms sees joining the oin as a cheap way to access the patent pool within the oin while not having to give much back of their own. Even if ms gave way to free license to use exfat in linux it would benefit themselves more because they still get royalties from cameras makers, phone makers and basically any portable device that implements exfat. If linux doesn't support exfat and takes off that would be less reason for those device makers to use exfat and use whatever else the open source community have come up with as an alternative which some would probably adopt as well.
This is all about ms getting free access to ibm and Google's patents for their linux cloud business while getting linux to adopt more ms tech so they can collect more royalties from companies that make devices that interoperate with linux. When ms patents are deeply entrenched in linux who would trust borrowing code to use in other os like haiku, reactos and bsd for interoperability. Ms is trying to poison linux from within.
Difference here is that anything bsd has got from big corps is under that bsd license too. It's safe to use anything in bsd in someplace else including other operating systems which is what makes bsd so attractive to big corps in the first place. Take on the other hand what Microsoft is doing here. They are giving away their patents to use in linux but outside linux, you still have to pay. That will make linux code unsafe for use in other open and closed source operating systems because it will be a mess separating out what belongs to trigger happy Microsoft. Basically this will stifle the development of other operating systems while Microsoft reaps the benefits of linux in their azure business.
All to easy, exactly why is M$ taking this approach, well, their patents are coming to an end and the dickbags want everyone eles's stuff for free, as M$'s patents expire. The only serious response to M$ should be, GO FUCK YOURSELVES.
Chaos - everything, everywhere, everywhen