Comments on: What Microsoft can and cannot do http://blogs.the451group.com/opensource/2007/08/29/what-microsoft-can-and-cannot-do/ A blog for the enterprise open source community Tue, 07 Oct 2008 16:31:13 +0000 http://wordpress.org/?v=2.5.1 By: tomb http://blogs.the451group.com/opensource/2007/08/29/what-microsoft-can-and-cannot-do/#comment-73518 tomb Fri, 31 Aug 2007 01:49:59 +0000 http://blogs.the451group.com/opensource/2007/08/29/what-microsoft-can-and-cannot-do/#comment-73518 As a matter of fact, the issue of Microsoft and GPL3 will appear in court, but not through any action of the FSF. Should Microsoft decide to sue anyone over patent violations, as they have foolishly threatened, then the whole GPL3 argument becomes part of the defense and/or counterclaims. Call it the Mutually Assured Destruction option. So, bottom line is that Microsoft stands a chance of being hurt by this only if they pull the trigger first, and that's the only way it'll happen. As a matter of fact, the issue of Microsoft and GPL3 will appear in court, but not through any action of the FSF. Should Microsoft decide to sue anyone over patent violations, as they have foolishly threatened, then the whole GPL3 argument becomes part of the defense and/or counterclaims. Call it the Mutually Assured Destruction option.
So, bottom line is that Microsoft stands a chance of being hurt by this only if they pull the trigger first, and that’s the only way it’ll happen.

]]> By: Jay Lyman http://blogs.the451group.com/opensource/2007/08/29/what-microsoft-can-and-cannot-do/#comment-73273 Jay Lyman Thu, 30 Aug 2007 18:58:49 +0000 http://blogs.the451group.com/opensource/2007/08/29/what-microsoft-can-and-cannot-do/#comment-73273 Thanks for the comment, Savio. You're right that MS can and HAS declared it won't have anything to do with GPLv3, and I agree the issue, like Microsoft's patent threats, will not get to court. My point is that this has repercussions for Microsoft. If it wants a fair shake on its open source software partnerships and initiatives, it cannot seek special treatment on GPLv3 or any other license. Well, it should not, but the title 'What Microsoft can and should not do' doesn't sound as good ;). Thanks for the comment, Savio. You’re right that MS can and HAS declared it won’t have anything to do with GPLv3, and I agree the issue, like Microsoft’s patent threats, will not get to court. My point is that this has repercussions for Microsoft. If it wants a fair shake on its open source software partnerships and initiatives, it cannot seek special treatment on GPLv3 or any other license. Well, it should not, but the title ‘What Microsoft can and should not do’ doesn’t sound as good ;).

]]> By: Savio Rodrigues http://blogs.the451group.com/opensource/2007/08/29/what-microsoft-can-and-cannot-do/#comment-73237 Savio Rodrigues Thu, 30 Aug 2007 17:51:36 +0000 http://blogs.the451group.com/opensource/2007/08/29/what-microsoft-can-and-cannot-do/#comment-73237 Jay, >Microsoft can’t come out and declare that it won’t need to have anything to do with GPLv3 because it says so. Actually, Microsoft can do that. It's now up to the FSF/SFLC/??? to take MS to court if these bodies believe Microsoft has violated terms of the GPLv3. My bets are against this happening. First there is the issue of legal costs. Second the issue of setting legal precedent (but IANAL). Savio Jay,

>Microsoft can’t come out and declare that it won’t need to have anything to do with GPLv3 because it says so.

Actually, Microsoft can do that. It’s now up to the FSF/SFLC/??? to take MS to court if these bodies believe Microsoft has violated terms of the GPLv3.

My bets are against this happening. First there is the issue of legal costs. Second the issue of setting legal precedent (but IANAL).

Savio

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