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Thread: Microsoft Bans OpenSource and Java Development

  1. #1
    Who Cares Guest

    Microsoft Bans OpenSource and Java Development

    reposted from comp.lang.java.advocacy -

    Microsoft is prohibiting developers from creating OpenSource software
    (which Microsoft calls "viral") using Microsoft's tools and libraries.

    Presumably all Microsoft compilers and runtime libraries will all come
    with similar licenses soon.

    Microsoft is also banning Sun's Community Source License.

    This could mean that Sun will no longer be able to use Microsoft
    compilers to create the next version of Java. (Because if you use
    their compiler the resulting binary may contain a few bytes of
    their runtime.)

    Developers are also banned from using Java if your end product will
    contain any portion of a Microsoft library. (See (c)(ii)).

    I have supplied the link to Microsoft's site at the bottom.

    Here's an excerpt from Microsoft's Mobile Internet Toolkit license:

    (c) Open Source. Recipient's license rights to the Software are
    conditioned
    upon Recipient
    (i) not distributing such Software, in whole or in part, in conjunction
    with Potentially Viral Software (as defined below); and
    (ii) not using Potentially Viral Software (e.g. tools) to develop
    Recipient
    software which includes the Software, in whole or in part.

    For purposes of the foregoing, "Potentially Viral Software" means software
    which is licensed pursuant to terms that: (x) create, or purport to
    create,
    obligations for Microsoft with respect to the Software or (y) grant, or
    purport to grant, to any third party any rights to or immunities under
    Microsoft's intellectual property or proprietary rights in the Software.

    By way of example but not limitation of the foregoing, Recipient shall not
    distribute the Software, in whole or in part, in conjunction with any
    Publicly Available Software. "Publicly Available Software" means each of
    (i) any software that contains, or is derived in any manner (in whole or
    in part) from, any software that is distributed as free software,
    open source software (e.g. Linux) or similar licensing or
    distribution
    models; and
    (ii) any software that requires as a condition of use, modification and/or
    distribution of such software that other software distributed with
    such
    software (A) be disclosed or distributed in source code form; (B) be
    licensed for the purpose of making derivative works; or (C) be
    redistributable at no charge. Publicly Available Software includes,
    without limitation, software licensed or distributed under any of the
    following licenses or distribution models, or licenses or
    distribution
    models similar to any of the following: (A) GNU's General Public
    License (GPL) or Lesser/Library GPL (LGPL), (B) The Artistic License
    (e.g., PERL),(C) the Mozilla Public License, (D) the Netscape Public
    License, (E) the Sun Community Source License (SCSL), and (F) the Sun
    Industry Standards License (SISL).

    Here's the link:
    http://msdn.microsoft.com/msdn-files...6/eula_mit.htm




  2. #2
    Tim Romano Guest

    Re: Microsoft Bans OpenSource and Java Development

    I think the language is narrower than you have implied. What the excerpted
    language means is this: you may not distribute programs owned by Microsoft
    and distributed by Microsoft in object-code format, in conjunction with any
    license which requires all software under its aegis to be made available in
    source code form. You may not distribute Microsoft's software in conjunction
    with any license that would create additional obligations for Microsoft or
    alter Microsoft's intellectual property rights in its software.
    Tim Romano

    <EXCERPT>
    (c) Open Source. Recipient's license rights to the Software are
    conditioned upon Recipient (i) not distributing such Software, in whole or
    in part, in conjunction with Potentially Viral Software (as defined below);
    and (ii) not using Potentially Viral Software (e.g. tools) to develop
    Recipient software which includes the Software, in whole or in part. For
    purposes of the foregoing, "Potentially Viral Software" means software which
    is licensed pursuant to terms that: (x) create, or purport to create,
    obligations for Microsoft with respect to the Software or (y) grant, or
    purport to grant, to any third party any rights to or immunities under
    Microsoft's intellectual property or proprietary rights in the Software. By
    way of example but not limitation of the foregoing, Recipient shall not
    distribute the Software, in whole or in part, in conjunction with any
    Publicly Available Software. "Publicly Available Software" means each of
    (i) any software that contains, or is derived in any manner (in whole or in
    part) from, any software that is distributed as free software, open source
    software (e.g. Linux) or similar licensing or distribution models; and (ii)
    any software that requires as a condition of use, modification and/or
    distribution of such software that other software distributed with such
    software (A) be disclosed or distributed in source code form; (B) be
    licensed for the purpose of making derivative works; or (C) be
    redistributable at no charge.
    </EXCERPT>

    "Who Cares" <venetian@earthlink.net> wrote in message
    news:3b318b2d$1@news.devx.com...
    > reposted from comp.lang.java.advocacy -
    >
    > Microsoft is prohibiting developers from creating OpenSource software
    > (which Microsoft calls "viral") using Microsoft's tools and libraries.
    >
    > Presumably all Microsoft compilers and runtime libraries will all come
    > with similar licenses soon.
    >
    > Microsoft is also banning Sun's Community Source License.
    >
    > This could mean that Sun will no longer be able to use Microsoft
    > compilers to create the next version of Java. (Because if you use
    > their compiler the resulting binary may contain a few bytes of
    > their runtime.)
    >
    > Developers are also banned from using Java if your end product will
    > contain any portion of a Microsoft library. (See (c)(ii)).
    >
    > I have supplied the link to Microsoft's site at the bottom.
    >
    > Here's an excerpt from Microsoft's Mobile Internet Toolkit license:
    >
    > (c) Open Source. Recipient's license rights to the Software are
    > conditioned
    > upon Recipient
    > (i) not distributing such Software, in whole or in part, in

    conjunction
    > with Potentially Viral Software (as defined below); and
    > (ii) not using Potentially Viral Software (e.g. tools) to develop
    > Recipient
    > software which includes the Software, in whole or in part.
    >
    > For purposes of the foregoing, "Potentially Viral Software" means

    software
    > which is licensed pursuant to terms that: (x) create, or purport to
    > create,
    > obligations for Microsoft with respect to the Software or (y) grant, or
    > purport to grant, to any third party any rights to or immunities under
    > Microsoft's intellectual property or proprietary rights in the Software.
    >
    > By way of example but not limitation of the foregoing, Recipient shall

    not
    > distribute the Software, in whole or in part, in conjunction with any
    > Publicly Available Software. "Publicly Available Software" means each

    of
    > (i) any software that contains, or is derived in any manner (in whole

    or
    > in part) from, any software that is distributed as free software,
    > open source software (e.g. Linux) or similar licensing or
    > distribution
    > models; and
    > (ii) any software that requires as a condition of use, modification

    and/or
    > distribution of such software that other software distributed with
    > such
    > software (A) be disclosed or distributed in source code form; (B)

    be
    > licensed for the purpose of making derivative works; or (C) be
    > redistributable at no charge. Publicly Available Software

    includes,
    > without limitation, software licensed or distributed under any of

    the
    > following licenses or distribution models, or licenses or
    > distribution
    > models similar to any of the following: (A) GNU's General Public
    > License (GPL) or Lesser/Library GPL (LGPL), (B) The Artistic

    License
    > (e.g., PERL),(C) the Mozilla Public License, (D) the Netscape

    Public
    > License, (E) the Sun Community Source License (SCSL), and (F) the

    Sun
    > Industry Standards License (SISL).
    >
    > Here's the link:
    > http://msdn.microsoft.com/msdn-files...6/eula_mit.htm
    >
    >
    >




  3. #3
    AJ Armstrong Guest

    Re: Microsoft Bans OpenSource and Java Development

    Actually, the license(s) in question are fairly clear, and don't seem to me
    to be Microsoft "banning" open source software. Even MS isn't arogant
    enough to think they have that power. What MS is saying is that you can't
    redistribute their licensed software under an open source license. It is
    any company or developer's right to restrict how their intellectual property
    will be distributed. If I don't choose to release my code under open
    source, but do permit others to use it (under some sort of license
    agreement), that other party does not have an implied right to release my
    software to others under a new license agreement. Actually, I expect that
    MS's clauses about not permitting release under Open Source aren't strictly
    necessary - unless explicitly granted, a right to redistribute something
    under an Open Source license would normally be interpreted by the courts to
    be denied.

    I personally like the idea of Open Source software. I have released some
    of my own code under that rubrick. There have been some remarkable open
    source projects that I think have advance Computing Science significantly
    (there have also been some unspeakably vile productions). What I do not
    like is the glassy-eyed dogmatism of most opensourcies, who seem (bizarrely)
    to feel that not participating in their little project is somehow morally
    bankrupt and ethically suspect. How what amounts to a licensing and
    distribution scheme came to be identified as an ethical system has always
    been vaguely amusing - but then again, both Hubbard and Crowley managed to
    parley practical jokes into dogmatic movements, so you never know...

    -AJA


    "Who Cares" <venetian@earthlink.net> wrote in message
    news:3b318b2d$1@news.devx.com...
    > reposted from comp.lang.java.advocacy -
    >
    > Microsoft is prohibiting developers from creating OpenSource software
    > (which Microsoft calls "viral") using Microsoft's tools and libraries.
    >
    > Presumably all Microsoft compilers and runtime libraries will all come
    > with similar licenses soon.
    >
    > Microsoft is also banning Sun's Community Source License.
    >
    > This could mean that Sun will no longer be able to use Microsoft
    > compilers to create the next version of Java. (Because if you use
    > their compiler the resulting binary may contain a few bytes of
    > their runtime.)
    >
    > Developers are also banned from using Java if your end product will
    > contain any portion of a Microsoft library. (See (c)(ii)).
    >
    > I have supplied the link to Microsoft's site at the bottom.
    >
    > Here's an excerpt from Microsoft's Mobile Internet Toolkit license:
    >


    <DELETIA />

    >
    > Here's the link:
    > http://msdn.microsoft.com/msdn-files...6/eula_mit.htm
    >
    >
    >




  4. #4
    Sergio Pereira Guest

    Re: Microsoft Bans OpenSource and Java Development

    I think people are just getting paranoid about everything involving MS.
    They think that there's a secret plan to make the whole universe run MS
    software.
    Give me a break....

    Sergio

    "Tim Romano" <tim_romano at yahoo dot com> wrote in message
    news:3b31f3f4$1@news.devx.com...
    > I think the language is narrower than you have implied. What the

    excerpted
    > language means is this: you may not distribute programs owned by Microsoft
    > and distributed by Microsoft in object-code format, in conjunction with

    any
    > license which requires all software under its aegis to be made available

    in
    > source code form. You may not distribute Microsoft's software in

    conjunction
    > with any license that would create additional obligations for Microsoft or
    > alter Microsoft's intellectual property rights in its software.
    > Tim Romano
    >





  5. #5
    Robert Scoble Guest

    Re: Microsoft Bans OpenSource and Java Development

    What MS is really doing is preparing for the appearance of the .NET runtimes
    on Linux and Unix. See http://scobleizer.manilasites.com for what I really
    think Microsoft is up to.

    Robert Scoble

    ###


    ###
    "AJ Armstrong" <nospamfor_ajarmstrong@ttg-inc.com> wrote in message
    news:3b321d89@news.devx.com...
    > Actually, the license(s) in question are fairly clear, and don't seem to

    me
    > to be Microsoft "banning" open source software. Even MS isn't arogant
    > enough to think they have that power. What MS is saying is that you can't
    > redistribute their licensed software under an open source license. It is
    > any company or developer's right to restrict how their intellectual

    property
    > will be distributed. If I don't choose to release my code under open
    > source, but do permit others to use it (under some sort of license
    > agreement), that other party does not have an implied right to release my
    > software to others under a new license agreement. Actually, I expect that
    > MS's clauses about not permitting release under Open Source aren't

    strictly
    > necessary - unless explicitly granted, a right to redistribute something
    > under an Open Source license would normally be interpreted by the courts

    to
    > be denied.
    >
    > I personally like the idea of Open Source software. I have released some
    > of my own code under that rubrick. There have been some remarkable open
    > source projects that I think have advance Computing Science significantly
    > (there have also been some unspeakably vile productions). What I do not
    > like is the glassy-eyed dogmatism of most opensourcies, who seem

    (bizarrely)
    > to feel that not participating in their little project is somehow morally
    > bankrupt and ethically suspect. How what amounts to a licensing and
    > distribution scheme came to be identified as an ethical system has always
    > been vaguely amusing - but then again, both Hubbard and Crowley managed to
    > parley practical jokes into dogmatic movements, so you never know...
    >
    > -AJA
    >
    >
    > "Who Cares" <venetian@earthlink.net> wrote in message
    > news:3b318b2d$1@news.devx.com...
    > > reposted from comp.lang.java.advocacy -
    > >
    > > Microsoft is prohibiting developers from creating OpenSource software
    > > (which Microsoft calls "viral") using Microsoft's tools and libraries.
    > >
    > > Presumably all Microsoft compilers and runtime libraries will all come
    > > with similar licenses soon.
    > >
    > > Microsoft is also banning Sun's Community Source License.
    > >
    > > This could mean that Sun will no longer be able to use Microsoft
    > > compilers to create the next version of Java. (Because if you use
    > > their compiler the resulting binary may contain a few bytes of
    > > their runtime.)
    > >
    > > Developers are also banned from using Java if your end product will
    > > contain any portion of a Microsoft library. (See (c)(ii)).
    > >
    > > I have supplied the link to Microsoft's site at the bottom.
    > >
    > > Here's an excerpt from Microsoft's Mobile Internet Toolkit license:
    > >

    >
    > <DELETIA />
    >
    > >
    > > Here's the link:
    > > http://msdn.microsoft.com/msdn-files...6/eula_mit.htm
    > >
    > >
    > >

    >
    >




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