Re: Microsoft May Indemnify Some Red Hat Linux Users

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On Mon, 2006-11-20 at 19:17 +0000, Andy Green wrote:
> Guy Fraser wrote:
> 
> Hi Guy -
> 
> >>From what I have read the items involved are : 
> > Samba		= Windows File Sharing
> > Mono		= Programming Language compatible with .NET
> > OpenOffice	= MS Office compatible productivity suite
> > .NET		= Cruft {OOPS whas that my outside voice}
> > Windows Server	= No Idea.
> 
> Yes but what bits of these projects?  Microsoft can't stand up with a 
> patent about filesharing as a whole, when it was done many years before 
> they "had the idea".  Nor can the idea of "wordprocessing" be patented 
> by them.  Only specific chunks of specific projects are under any kind 
> of (unspoken) threat.  So it's good to keep that in mind when reading 
> the FUD about "Linux" as a whole being under any kind of threat.
> 

I agree completely. As far as I can tell the only bits they can fight
about is the intellectual property they used for the specific parts that
are required to make Samba, Mono and OpenOffice compatible with the MS
counterparts. Even though the SW may have been completely written from
scratch to emulate the required functions, some reverse engineering was
likely required to determine how to create the functions. Any reverse
engineering is against the MS EULA, so they could argue that some
impropriety had occurred that enabled those functions to be created and
therefore those functions may be in violation of some statute under the
laws of some jurisdictions. I have no evidence that there may or may not
be any kind of a case, but I am sure MS has a lot of evil genius lawyers
that can cause indeterminable havoc.

> If MSFT are serious they will have to list where the problems are, then 
> action can be taken or at worst some specific functionality in a handful 
> of apps will be lost.  Presumably they can't claim that RHAT were 
> appraised of any violation if they can't specify which patents and what 
> software because they are doing a SCO.
> 

Yes, but FUD {Fear, Uncertainty and Doubt} only works if there is a
perceived yet unknown level of harm that may or may not be visited upon
the believer. It is the blind faith in the spin doctor, and the lack of
credible knowledge that coerces the willing dupe to submit to the
bullying tactic.

> > As well virtualization allowing MS and Linux to run at the same time on
> > the same hardware is part of the agreement. As far as I can tell this
> > just has to do with allowing limited contravention of the MS EULA and 
> > nothing to do with Linux at all.
> > 
> > Microsoft has more to gain, by playing nice now, than going around
> > poking customers with sticks, and loosing them completely to Linux
> > solutions. All it takes to go from 60% to nothing is attacking your
> > customers. If customers are threatened they may very well move to
> > solutions that are devoid of any MS patents, and there are such
> > solutions for every item in the agreement. In many cases there are
> > much better products than what MS offers, and in cases where there is
> > not, if there is a demand, I am certain something can be created.
> 
> Yes, move away from MSFT influence because the natural question is: 
> "what the hell next!?!" from Microsoft.  This kind of "there is no 
> option!  You owe me!  Do what I say or you will be punished!" behaviour 
> is like some brute abusing his wife.
> 

The news media have finally discovered that there is bullying in
schools, it might take them a while to discover that it is an endemic
part of society that is pervades into the business world. As a young lad
in school, I had to learn that there were only a few ways to deal with
bullies, and the best way was always to go out of your way to avoid
them. And in the SW industry, the best way to deal with MS is to avoid 
using their products at all and find a solution that is not designed to
be directly compatible with MS protocols and file formats. As an
example, you could save documents in a non MS format even though it 
can be read by MS software it does not violate any MS intellectual
property [IP] rights, and in fact it is even possible that MS may be
violating the IP rights some other SW manufacturer, in making the MS
product capable of reading the other parties format. I have been saving
my documents in alternate formats for over a decade, mostly because I
did not want to shell out the gross dosh required to purchase MS office.

> > Americans
> 
> Hopefully none of the software patent stuff will stand up in .eu?  That 
> would be something.
> 

And with any luck, the Canadian government will not entertain any
adverse policies, that the recording, movie and SW industries want to
change to their benefit with little or no benefit to the actual artists
or developers.

> -Andy


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