I don't see it.
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| Author | Content |
|---|---|
| dek Nov 03, 2006 7:04 AM EDT |
How is M$/Novell going to distinguish between "infringing" code that has been gpl'd and used in Suse and "infringing" code that isn't? Potentially, Novell could say that "we use all gpl'd code, therefore all GPL'd code falls under this agreement," I doubt this is what they had in mind but I still doin't see how this will work. I don't see how they willl be able to distinguish between code that Suse uses and code that is contributed but not used. This really muddies the waters for M$ in so far as claiming patent infringement by open source projects. I just don't understand why M$ would do this. Part of my puzlement has to do with the community relationships between open source projects. Say, for example, M$ sues RedHat over something in the RPM system. Suse uses RPMS so it would seem that this agreement would cover that. Or, would it? I don't have the most astute legal mind so please feel free to set me right. Don K. |
| Sander_Marechal Nov 03, 2006 7:09 AM EDT |
Quoting:How is M$/Novell going to distinguish between "infringing" code that has been gpl'd and used in Suse and "infringing" code that isn't? They can't. It's that simple. And if there's something about this distinction in the agreement (e.g, denying Suse users the right to pass on the patent protection) then Novell might find itself in violation of item 7 of the GPL. I wrote an article on it with more detailed explanation. It's in the LXer queue. |
| moopst Nov 03, 2006 9:59 PM EDT |
dek: you're thinking about this in the wrong way. It's a safe bet that M$ is not giving up any ability to sue other Linux developers or companies. In fact, Ballmer's inviting other Linux companies to place themselves in the shackles Novell stumbled into. You need to look at it from the angle of what MicroSoft is trying to gain from this. M$ is in great danger of losing it's Office monopoly. Europe is very likely going to use ODF which will force America to support it because of entities like NATO, trans-national companies, and the UN. If users are "empowered" by ODF and start seeing kewl add on features like search capability or heuristic linking of documents with similar themes that no human would have put together - the gig is up on closed and indecipherable binary blobs. That's 10 billion bucks a quarter my friend, and I would not expect the most generous company to give something like that up - let alone the most e-vile. MicroSoft needs to stop ODF and make "Open XML" at least on something like the same ground. (b.t.w. Open XML is not open, particularly in the future changes side of things, not a standard, it's so detailed it's actually an implementation complete with legacy bugs, and not really XML, it's more like an XML wrapper around binary blobs). Here's how it works. You need to inject a virus like M$ IP into OpenOffice.org, which Novel thinks they can do (they can't), get Europe and America to smoke the Open XML IP crack cocaine, then sue anyone who does not pay a M$ IP royalty tax. Fortunately the GPL anticipated this many years ago and Novel is not able to distribute GPL code that has been modified if such modification brings about ANY restrictions. RMS really really really wanted Free Software to remain forever free. The net effect of this has me thinking maybe the GPL v3 needs another look. Tivoization didn't bother me too much and DRM didn't either, but I can see a future where big media and the Borg get together with some kind of DRM / DCMA protected scheme to somehow try to kill Open Source or at least keep it in the server rooms / farms where nobody sees it. By nobody, I mean Windoze losers and clueless CIO's. |
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