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Will The Newly Proposed General Public License Stop Microsoft?

The newly proposed draft of the General Public License states that anyone who distributes Open Source software will not be allowed to claim any patent issues against the software they distribute. OK. So what does this mean to us?

Basically what the Free Software Foundation is saying is that Microsoft will not be able to claim the 235 patent violations that it alleges that Linux violates. Therefore, if Microsoft continues its deal with Novell, it will be basically agreeing to these terms once it distributes any free software as it has agreed to do in the Novell deal. So in theory, for anyone who uses any flavor of Linux, Microsoft will not be able to make any patent claims against them.

I think we can all agree that what the FSF is trying to do, at least on paper, is to protect all of us Linux users, or users of any free Open Source software, from being sued by the mega Redmond giant. I must say it would be a welcome breath of fresh air knowing that we would not have Microsoft standing behind us looking over our shoulders — that we would be free to use Linux or any free Open Source software without fear of any repercussions.

But will this stop Microsoft? I don’t believe it will. Though Microsoft alleges that its intent in the Novell deal was to increase the interoperability between Windows and Linux, this may not have been the case. It would appear that the real purpose was to try and infiltrate the Open Source community in an attempt to control it or limit its exposure to the public. It is my opinion that Microsoft has been trying to crush the Linux movement since its previous, unsuccessful attempt by using SCO as the scapegoat.

So what do you think? Will this new license scheme by FSF be successful, or will Microsoft find another way around it?

Comments welcome.

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6 Comments

I don’t know all of the proposal, as I have not read all the documents. From the input I’ve gotten, it would protect MS from suing, but would necessarily limit the operation of copyrighted works with open source.
I see that as worse.
I am surprised how eloquent a speaker the president of Linspire is on this whole problem. He makes his opinions clearly known, which is what I respect. Mark Shuttleworth, may put his money where his mouth is, by funding Canonical, but otherwise seems very quiet. He also seems to be in a better place to be a speaker, since he is further from the effects of the MS sphere of influence.

Oh, also, it is hard not to see Ballmer as Darth Vader, to Gates, Emperor Palpatine.

I think the GPL3 it will very effectively protect the open source community from it’s enemies. From the beginning, I think, the open source movement (FSF and Gnu) has adopted a very cautious and long-term approach to its operations which has taken the form of a very shrewdly and strategically worded licence, the GPL. In fact, isn’t the GPL really what defines the open source movement? Despite all of Microsoft’s money and influence, it can’t win this battle. Richard Stallman and the FSF are better at writing crafty licences than Microsoft is.

However, I don’t think Microsoft is going to stop trying. I don’t want to be one of those Microsoft bashers, but I sense the attitude towards open source at Microsoft has changed, and now the gloves are coming off. They’re going to become as desperate and dirty as any other commercial monopoly in its last days. Lately Microsoft has really been behaving like the evil entity that Linux fanatics say it is.

Gates as Palpatine… that’s a good one. But it really is like the battle in Star Wars: it’s all or nothing.

Hi Tim,
That is what I believe as well. MS is going for the jugglar. Soon, very, very, soon.
Ron

The GPL 3 may not stop Microsoft, but I can see how it can make life more difficult for them.

I see Microsoft’s ridiculous patent claims as a way to use its money to divide the FOSS community. Microsoft need not be totally successful in doing this, just incrementally so. They have a lot of dirty tricks up their sleeve and this is just one of them.

GPL 3 is one way of fighting back. There are other ways too. One is to encourage other to use FOSS alternatives to Microsoft’s overpriced, insecure, and buggy software.

Hello Maddog,
Thanks for sharing your thoughts with us and for your comments
Ron

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