[News] Good Reading: Microsoft Has Hijacked "Open Source" Through OSI, ISO, EU - Linux

This is a discussion on [News] Good Reading: Microsoft Has Hijacked "Open Source" Through OSI, ISO, EU - Linux ; Is Microsoft Hijacking Open Source? ,----[ Quote ] | What really worries me is what looks like an emerging pattern in Microsoft's | behaviour. The EU agreement is perhaps the first fruit of this, but I predict | it will ...

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Thread: [News] Good Reading: Microsoft Has Hijacked "Open Source" Through OSI, ISO, EU

  1. [News] Good Reading: Microsoft Has Hijacked "Open Source" Through OSI, ISO, EU

    Is Microsoft Hijacking Open Source?

    ,----[ Quote ]
    | What really worries me is what looks like an emerging pattern in Microsoft's
    | behaviour. The EU agreement is perhaps the first fruit of this, but I predict
    | it will not be the last. What is happening is that Microsoft is effectively
    | being allowed to define the meaning of “open source” as it wishes, not as
    | everyone else understands the term. For example, in the pledge quoted above,
    | an open source project is “not commercially distributed by its
    | participants” - and this is a distinction also made by Kroes and her FAQ.
    |
    | In this context, the recent approval of two Microsoft licences as
    | officially “open source” is only going to make things worse. Although I felt
    | this was the right decision – to have ad hoc rules just because it's
    | Microsoft would damage the open source process - I also believe it's going to
    | prove a problem. After all, it means that Microsoft can rightfully point to
    | its OSI-approved licences as proof that open source and Microsoft no longer
    | stand in opposition to each other. This alone is likely to perplex people who
    | thought they understood what open source meant.
    |
    | [...]
    |
    | What we are seeing here are a series of major assaults on different but
    | related fields – open source, open file formats and open standards. All are
    | directed to one goal: the hijacking of the very concept of openness. If we
    | are to stop this inner corrosion, we must point out whenever we see wilful
    | misuse and lazy misunderstandings of the term, and we must strive to make the
    | real state of affairs quite clear. If we don't, then core concepts like “open
    | source” will be massaged, kneaded and pummelled into uselessness.
    `----

    http://www.linuxjournal.com/node/1003745

    A must-read. Microsoft is so desperate to stay relevant in the future, so it
    resorts to dirty tricks. It invades open source and Linux companies only to
    have them destroyed at the same time. It also corrupts standards bodies.


    Related:

    EU tells open source to start paying MS patent tax

    ,----[ Quote ]
    | EU Commissioner Kroes' deal with Microsoft creates real dangers to Europe's
    | growing open source economy, warns the FFII. Using patent licenses that
    | exclude businesses, the software monopolist has turned the EU competition
    | ruling into a victory, and now gets implicit support from the Commission to
    | proceed aggressively against its competitors. * *
    `----

    http://press.ffii.org/Press_releases..._MS_patent_tax


    Let's Make a Deal - The MS-EU Settlement

    ,----[ Quote ]
    | The patent part is terrible. Worse than terrible. They are not blocked from
    | offering patent deals, only constrained as to how much to charge for a
    | license, which is not and never was the issue. So they'll beef up those
    | initiatives, I'm sure. However, the good part is that they were compelled to
    | separate the patent license offer out and make it optional. Thanks, but no
    | thanks.
    |
    | [...]
    |
    | I'm guessing Microsoft lawyers are high fiving each other, having snatched an
    | important victory from utter and total defeat. The rest is excellent, of
    | course, and in no way do I mean to detract from the hard work and persistence
    | that the EU Commission has shown. However, I don't think they understand how
    | seriously broken the US patent system is currently, and how easy it is to
    | abuse it, or they don't feel it's their job to fix the US problems, or how
    | central patents are to Microsoft's current strategy against FOSS.
    `----

    http://www.groklaw.net/article.php?s...71022114731199

  2. Re: [News] Good Reading: Microsoft Has Hijacked "Open Source" Through OSI, ISO, EU

    After takin' a swig o' grog, Roy Schestowitz belched out this bit o' wisdom:

    > Is Microsoft Hijacking Open Source?
    >
    > | are to stop this inner corrosion, we must point out whenever we see wilful
    > | misuse and lazy misunderstandings of the term, we must strive to make the
    > | real state of affairs quite clear. If we don't, then core concepts like ?open
    > | source? will be massaged, kneaded and pummelled into uselessness.
    > `----
    >
    > http://www.linuxjournal.com/node/1003745
    >
    > A must-read. Microsoft is so desperate to stay relevant in the future, so it
    > resorts to dirty tricks. It invades open source and Linux companies only to
    > have them destroyed at the same time. It also corrupts standards bodies.


    Microsoft made a major tactical error in trying this patent gambit.
    There's too much prior art out there. The
    best they can hope for is getting their direct competition -- RedHat et
    al. -- to pony up for "licenses" in order to avoid some costly legal
    hassles.

    But it is not at all clear to me about the following:

    o What protection Samba's $10,000 payment to Crimosoft really buys them.

    o How putting your work under GPLv3 affords any protection
    whatsoever against outsiders coming after you over using patented
    technology.

    On the radio the other day, they talked about how there's a backlog of
    800,000 patents at the US patent office.

    If methods and concepts (software) are being patented, I don't see any
    way in hell of sorting out patent payments, who owes what to whom --
    there's too much overlap, and assuredly plenty of prior art. It's
    a frickin' mess, and does no end of harm to consumers /and/ companies.

    I suppose one can take comfort in the fact that, in spite of patents,
    there are plenty of duplicate versions of various physical devices.

    --
    Patent pox!

  3. Re: [News] Good Reading: Microsoft Has Hijacked "Open Source" Through OSI, ISO, EU

    ____/ Linonut on Wednesday 31 October 2007 11:55 : \____

    > After takin' a swig o' grog, Roy Schestowitz belched out this bit o' wisdom:
    >
    >> Is Microsoft Hijacking Open Source?
    >>
    >> | are to stop this inner corrosion, we must point out whenever we see wilful
    >> | misuse and lazy misunderstandings of the term, we must strive to make the
    >> | real state of affairs quite clear. If we don't, then core concepts like
    >> | ?open source? will be massaged, kneaded and pummelled into uselessness.
    >> `----
    >>
    >> http://www.linuxjournal.com/node/1003745
    >>
    >> A must-read. Microsoft is so desperate to stay relevant in the future, so it
    >> resorts to dirty tricks. It invades open source and Linux companies only to
    >> have them destroyed at the same time. It also corrupts standards bodies.

    >
    > Microsoft made a major tactical error in trying this patent gambit.
    > There's too much prior art out there. The
    > best they can hope for is getting their direct competition -- RedHat et
    > al. -- to pony up for "licenses" in order to avoid some costly legal
    > hassles.
    >
    > But it is not at all clear to me about the following:
    >
    > o What protection Samba's $10,000 payment to Crimosoft really buys them.
    >
    > o How putting your work under GPLv3 affords any protection
    > whatsoever against outsiders coming after you over using patented
    > technology.
    >
    > On the radio the other day, they talked about how there's a backlog of
    > 800,000 patents at the US patent office.
    >
    > If methods and concepts (software) are being patented, I don't see any
    > way in hell of sorting out patent payments, who owes what to whom --
    > there's too much overlap, and assuredly plenty of prior art. It's
    > a frickin' mess, and does no end of harm to consumers /and/ companies.
    >
    > I suppose one can take comfort in the fact that, in spite of patents,
    > there are plenty of duplicate versions of various physical devices.


    After Gates' fear of patents (voiced in 1991) he had a vision where all the
    large companies cross-license blindly. What about the small companies, you
    ask? Heck, who needs them? Gates thrives in oligarchy and wants to keep it
    that way. It's also imperialism, but that's another story. WIPO takes care
    of /that/. World Domination Squad... arriving at your Parliament in 3, 2,
    1.... cue music (Requiem).

    --
    ~~ Best of wishes

    Roy S. Schestowitz | Useless fact: 111111 X 111111 = 12345654321
    http://Schestowitz.com | RHAT GNU/Linux | PGP-Key: 0x74572E8E
    14:00:01 up 18:11, 3 users, load average: 0.30, 0.42, 0.75
    http://iuron.com - help build a non-profit search engine

  4. Re: [News] Good Reading: Microsoft Has Hijacked "Open Source" Through OSI, ISO, EU

    Roy Schestowitz espoused:
    > Is Microsoft Hijacking Open Source?
    >




    > For example, in the pledge quoted above,
    >| an open source project is ?not commercially distributed by its
    >| participants? - and this is a distinction also made by Kroes and her FAQ.
    >|


    The GPL and the FSF are *very* clear about what the GPL is for, and what
    the "freedoms" are.

    Someone needs to start educating Neelie Kroes about this, as Microsoft
    are in the processing of finessing her defeat of Microsoft into a total
    Microsoft victory against open-source, therefore, against European
    software development.

    Again, Microsoft's lunch-budget surely has a large impact on this.

    --
    | Mark Kent -- mark at ellandroad dot demon dot co dot uk |
    | Cola faq: http://www.faqs.org/faqs/linux/advocacy/faq-and-primer/ |
    | Cola trolls: http://colatrolls.blogspot.com/ |
    | My (new) blog: http://www.thereisnomagic.org |

  5. Re: [News] Good Reading: Microsoft Has Hijacked "Open Source" Through OSI, ISO, EU

    ____/ Mark Kent on Saturday 03 November 2007 12:08 : \____

    > Roy Schestowitz espoused:
    >> Is Microsoft Hijacking Open Source?
    >>

    >
    >
    >
    >> For example, in the pledge quoted above,
    >>| an open source project is ?not commercially distributed by its
    >>| participants? - and this is a distinction also made by Kroes and her FAQ.
    >>|

    >
    > The GPL and the FSF are *very* clear about what the GPL is for, and what
    > the "freedoms" are.
    >
    > Someone needs to start educating Neelie Kroes about this, as Microsoft
    > are in the processing of finessing her defeat of Microsoft into a total
    > Microsoft victory against open-source, therefore, against European
    > software development.
    >
    > Again, Microsoft's lunch-budget surely has a large impact on this.


    Sweaty Predatory Ballmer had a brew with Neelie. Neelie's adviser's were not
    around. That's when the agreement was made. Days ago:

    Why Brussels is Abuzz with Lobbyists

    ,----[ Quote
    | As the EU sets more rules, corporations are building their presence and
    | paying for clout
    `----

    http://www.businessweek.com/globalbi...mpaign_id=yhoo

    Also days ago:

    E.U. de facto endorses Microsoft's (claims of) Software Patents!

    ,----[ Quote ]
    | Without explicitly saying that Microsoft does hold software patents
    | applicable in the E.U., by allowing (the raison d'être of) and accepting the
    | one-off payment of EUR 10,000 "to be paid by companies that dispute the
    | validity or relevance of Microsoft's patents", the European Commission
    | implicitly endorses Microsoft's claims of having the "interoperability
    | information" covered by software patents! * *
    |
    | UNBELIEVABLE.
    `----

    http://beranger.org/index.php?page=d...ses-microsoft-

    He curses Kroes at the end. I don't want to quote it, but have a look.

    I'll write an article about this soon. Jeremy Allison agreed to contribute.

    Related:

    Is Microsoft’s Europe agreement a big deal?

    ,----[ Quote ]
    | If open source developers find greater protection for their work and its
    | results in Europe than in America that’s where they will gravitate. That’s
    | the kind of regime the EU is trying to create. We ignore that and dismiss
    | that at our peril. *
    `----

    http://blogs.zdnet.com/open-source/?p=1584


    Half A Loaf

    ,----[ Quote ]
    | Yes, open source will have access to the interoperability information
    | on "reasonable" terms (ask independent open source developers how many can
    | afford to cough up the $15,000 such access will cost), but nothing in this
    | statement indicates the Commission has overcome Microsoft's "refusa[al] to *
    | make the [patent] licence compatible with the open source business model." In
    | fact, we can expect that nothing about that patent license will be compatible
    | with the most widely used open source license, the GNU General Public
    | License. * * *
    `----

    http://walkingwithelephants.blogspot...half-loaf.html


    EU tells open source to start paying MS patent tax

    ,----[ Quote ]
    | EU Commissioner Kroes' deal with Microsoft creates real dangers to Europe's
    | growing open source economy, warns the FFII. Using patent licenses that
    | exclude businesses, the software monopolist has turned the EU competition
    | ruling into a victory, and now gets implicit support from the Commission to
    | proceed aggressively against its competitors. * *
    `----

    http://press.ffii.org/Press_releases..._MS_patent_tax


    Late night baseball games, Microsoft concessions evoke big yawns at open source
    water cooler

    ,----[ Quote ]
    | It will benefit purveyors of proprietary software but not open source
    | developers, agreed Michael Goulde, analyst of open source strategy at
    | Forrester Research, Cambridge, Mass. “Some open source developers believe
    | that Microsoft should make its protocols available for use royalty free. In
    | some cases, there are open source license restrictions that make it not
    | possible for the software to include Microsoft licensed code – because you
    | can’t downstream the license. So, unless Microsoft goes way beyond what it
    | has agreed with the EU to do, only a subset of open source developers will
    | have much interest. They’ll continue reverse engineering Microsoft protocols
    | and doing the best they can." * * * *
    `----

    http://blogs.zdnet.com/open-source/?p=1582


    Let's Make a Deal - The MS-EU Settlement

    ,----[ Quote ]
    | The patent part is terrible. Worse than terrible. They are not blocked from
    | offering patent deals, only constrained as to how much to charge for a
    | license, which is not and never was the issue. So they'll beef up those
    | initiatives, I'm sure. However, the good part is that they were compelled to
    | separate the patent license offer out and make it optional. Thanks, but no
    | thanks. * *
    |
    | [...]
    |
    | I'm guessing Microsoft lawyers are high fiving each other, having snatched an
    | important victory from utter and total defeat. The rest is excellent, of
    | course, and in no way do I mean to detract from the hard work and persistence
    | that the EU Commission has shown. However, I don't think they understand how
    | seriously broken the US patent system is currently, and how easy it is to *
    | abuse it, or they don't feel it's their job to fix the US problems, or how
    | central patents are to Microsoft's current strategy against FOSS. * *
    `----

    http://www.groklaw.net/article.php?s...71022114731199


    --
    ~~ Best of wishes

    Within reason, consider Free software. The best things in life are also free.
    http://Schestowitz.com | RHAT Linux | PGP-Key: 0x74572E8E
    15:20:01 up 3 days, 19:31, 3 users, load average: 1.93, 1.83, 1.88
    http://iuron.com - Open Source knowledge engine project

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