[clue-talk] FW: [LinuxFun] patent-indemnification solution
specialist
Dennis J Perkins
dennisjperkins at comcast.net
Sun Jun 24 09:36:52 MDT 2007
The concept of these agreements indemnifying those distributions seems
absurd anyway. Most distros, Red Hat excepted, do not create code.
They simply package various programs already available on the Internet
into a distribution. They all use the same sources, e.g., emacs, GNOME,
KDE, blender, etc. I don't know how a court would view this, tho.
Usually, the side with less to offer in an agreement pays the second
party. But MS paid them. Why? If they don't have anything to offer
MS, maybe it's the claims of adding interoperability to the distros.
What interoperability can they add that isn't already there? Wine and
Crossover are already available, and Crossover is a commercial product,
so most distros probably wouldn't include it anyway. And it's dubious
whether these distros could add interoperability on their own. If they
do produce anything, the affected projects would vett it carefully
anyway, making it very difficult to sneak MS code into a project.
Microsoft's claims of indemnification for those distros deny feel like
false advertising, but then, MS isn't selling those distros. Libel? If
it doesn't hurt the distros, is it libel, even if it is false? But the
other distros are being libelled indirectly. If Red Hat ignores it but
the idea that some distros are indemnified slowly gets accepted among
businesses, how long before it's too late to rectify it?
On Fri, 2007-06-22 at 22:15 -0600, David L. Willson wrote:
> Tony,
>
> Wouldn't you agree that what these companies are doing by entering
> cross-patent licentsing agreements is validating the current concept of
> patents as a means of intimidation? Isn't that inherently bad, because
> it discourages developers with ingenuity but nothing to trade or pay
> Microsoft from using their talents?
>
> David
>
> On Fri, 2007-06-22 at 20:45 -0600, Tony McDowell wrote:
> > I don't agree with this mindset. If you look at the nature of
> > Novell's SuSE and NovellDesktop offerings, Linspire, and Xandros, ALL
> > THREE have made it a priority to play well with Windows applications.
> > If you've seen the Xandros development builds, they are starting to
> > place CrossOver and Wine right in the mainline. Bearing this in mind,
> > I can see why they'd "capitulate" with Microsoft. It's to protect
> > themselves when they start stepping all over the Win32 API to make
> > Windows apps work under Linux is production, corporate environments
> > (notice what I said -- production environments, not home users).
> >
> > Red Hat, Ubuntu, and Mandriva have always made a public showing of
> > their "down with Microsoft, Linux can do everything" attitude. That
> > being said, I am not remotely surprised that they have reacted the way
> > they have. They don't _need_ Microsoft or Windows for their normal
> > business model or target client base to work properly. They don't
> > need any access to API's or other IP from MS, so there's no need for
> > them to sign anything that would give them access to it or protection
> > from "stepping on it".
> >
> > While I absolutely HATE that things have come to this, I think it had
> > to come to something like this eventually. Somewhere down the road, I
> > think that ReactOS will face the same scenario as well when MS brings
> > out the "IP infringement" guns on having "two Windows".
> >
> > As a final note, don't forget that Apple is "in bed with" Microsoft to
> > a sum that I am no longer familiar with dating back to the late 1990's
> > when Apple was months from going under and Microsoft infused huge sums
> > of money into Cupertino just to keep up the guise of "competition." I
> > make this point because no one seems to be going around chastising
> > Apple for being in bed with MS like these Linux companies.
> >
> > as always, this is just my $0.02 so take it for what it's worth.
> >
> > .tony
> >
> > On 6/22/07, dennisjperkins at comcast.net <dennisjperkins at comcast.net>
> > wrote:
> > It just shows that even Linux companies can have a PHB.
> >
> > Only a fool capitulates and pays money without being shown
> > proof. Unless they're going to break your kneecaps. :)
> >
> >
> >
> > -------------- Original message ----------------------
> > From: "David L. Willson" <DLWillson at TheGeek.NU>
> > > reposting for link repair... and I'll add a few more links
> > while I'm at it...
> > > Hopefully, I won't break them this time.
> > >
> > >
> > > -----Original Message-----
> > >
> > > Had to work hard to get the acronym I was working for
> > there...
> > >
> > > Just to let you know, in case you're not paying attention,
> > these are the
> > > Linux
> > > distribution vendors that are in bed with Microsoft:
> > >
> > > - Novell
> > > - Xandros
> > > - Linspire
> > >
> > > And these are the Linux distribution vendors that have
> > stated their
> > > disinterest in being
> > > bedded by Microsoft.
> > >
> > > - Red Hat - http://www.redhat.com/promo/believe/
> > > - Ubuntu - http://www.markshuttleworth.com/archives/127
> > > - Mandriva -
> > http://blog.mandriva.com/2007/06/19/we-will-not-go-to-canossa/
> > >
> > > And ~this~ is how Microsoft encourages vigorous competition
> > and
> > > innovation:
> > >
> > http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleI
> > > d=9019238
> > >
> > > David L. Willson
> > > Trainer/Engineer/Consultant
> > > MCT, MCSE, Linux+
> > > (720) 333-LANS
> > >
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