Stories
Slash Boxes
Comments

News for nerds, stuff that matters

Slashdot Log In

Log In

Create Account  |  Retrieve Password

Linspire Signs Patent Pact With MS

Posted by kdawson on Thu Jun 14, 2007 07:35 AM
from the devil's-sleeping-around dept.
RLiegh sends us to an AP article reporting that Linspire has signed a patent deal with Microsoft. The company, which started out life as "Lindows," joins a growing list of patent agreements reached between Microsoft and vendors. Linspire will be granted a license to use True Type Fonts and "various code" that would allow for Linspire users to use voice on Windows Live Messenger as well as the usual patent protection for Linspire's customers. In return, among other things, Linspire will make Microsoft's search engine the default search on PCs shipped with their OS. Kevin Carmony, the CEO for Linspire, approached Microsoft a year and a half ago, according to the article.
+ -
story

Related Stories

[+] Microsoft's Patent Pledge "Worse Than Useless" 140 comments
munchola writes "The Software Freedom Law Center has declared that Microsoft's patent pledge to open source developers is 'worse than useless'. SFLC chief technology officer, Bradley Kuhn, has written to FOSS developers warning them that 'developers are no safer from Microsoft patents now than they were before'. According to Kuhn: 'The patent covenant only applies to software that you develop at home and keep for yourself; the promises don't extend to others when you distribute. You cannot pass the rights to your downstream recipients, even to the maintainers of larger projects on which your contribution is built.'"
[+] Your Rights Online: Microsoft/Samsung Ink Patent Deal 131 comments
An anonymous reader wrote with an article at ZDNet, discussing further implications of their patent cross-licensing initiative. With options already in place with Fuji Xerox, the company is now signed up with Samsung as well. From Samsung's perspective, it is simple: these deals ensure it can sell products using Linux without facing a suit from the Redmond-based corporation. "The notion that customers and businesses need Microsoft's legal go-ahead to run Linux has been controversial for some time, with the issue rising to the surface last November after Microsoft reached an accord with Linux vendor Novell. Novell has since taken issue with Microsoft's assertion that the deal represents an acknowledgment that Linux infringes on Microsoft patents."
[+] Novell Goes Public with Microsoft Linux Deal 133 comments
InfoWorldMike writes "On the back of defending the agreement this week, Novell did as promised and published details of its landmark November 2006 Linux partnership agreements with Microsoft. Linux advocates are expected to scour the documents for signs of how the agreement may affect Linux and whether anything in it will put Microsoft or Novell in potential violation of the upcoming version 3 of the GNU General Public license (GPL). The GPL is used in licensing many components of the Linux operating system. Open-source advocate Bruce Perens said he would be looking to see exactly what Novell was given through the deal and whether there is any requirement for the Linux vendor to defend Microsoft's patent claims. 'What I'm actually looking for is, to what extent was there a violation of faith?' he said."
[+] Microsoft Gives Xandros Users Patent Protection 298 comments
DigDuality writes "Microsoft, shrugging off licensing moves to prevent it from repeating its controversial patent deal with Novell, has signed a set of broad collaboration agreements with Linux provider Xandros that include an intellectual property assurance under which Microsoft will provide patent covenants for Xandros customers."
[+] Linspire Releases Controversial Version 6.0 202 comments
christian.einfeldt writes "Today, Linspire releases version 6.0, its first new GNU/Linux distro in more than two years. With version 6.0, Linspire is betting that its business model of including licenses for proprietary software and formats such as Quicktime, Windows Media Player, Flash, Real, and Microsoft OOXML will win enough market share among mainstream Apple and Microsoft users to offset the backlash from opponents of proprietary software and formats. Version 6.0 also includes the highly controversial Microsoft patent coverage that has incited wide-reaching negative press coverage in the Free Open Source Software press, forums and blogosphere. But from Linspire's perspective, it's all about those new GNU/Linux users. '"Today we continue the Linspire tradition by offering the choice of a better overall experience for users new to desktop Linux,'" said Larry Kettler, President and CEO of Linspire, Inc. "Linspire 6.0 further bridges the gap between open source and commercial software, combining the best from each into a single easy-to-use, familiar and productive operating system."'"
[+] Linspire/Microsoft Agreement Useless to Users 155 comments
Stephen Samuel writes "Groklaw host PJ has dissected the 'patent peace' agreement between Linspire and Microsoft, and has determined that what Linspire agreed to is next to useless for many users. Essentially, under the agreement Linspire software is almost unusable: 'You can't share the software with others, pass it on with the patent promise, modify your own copy, or even use it for an "unauthorized" purpose, whatever that means in a software context. You must pay Linspire for the software, but then the "covenant" says to use Linux, you must also pay Microsoft. That payment doesn't cover upgrades. Linspire said it was absorbing the initial fees, but I don't know about upgrades. New functionality means you lose your coverage or presumably must pay again.'"
[+] Your Rights Online: Microsoft Excludes GPLv3 From Linspire Deal 342 comments
rs232 writes to tell us that Microsoft is excluding any software licensed under the new GPLv3 from their recent patent protection deal with Linspire. "Microsoft has since been treating GPLv3 software as though it were radioactive. 'Microsoft isn't a party to the GPLv3 license and none of its actions are to be misinterpreted as accepting status as a contracting party of GPLv3 or assuming any legal obligations under such license,' the company said in a statement released shortly after GPLv3 was published on June 29. In addition to excluding GPLv3 software from the Linspire deal, Microsoft recently said that it wouldn't distribute any GPLv3 software under its SUSE Linux alliance with Novell, even as it maintains in public statements that the antilawsuit provisions in the license have no legal weight. "
[+] Mandriva Says No to Microsoft Linux Deal 150 comments
Kurtz'sKompund writes "French Linux vendor Mandriva said no to dealing with Microsoft on open source patents. They're the third Linux vendor in a week to do so, joining Red Hat and Ubuntu in the 'against' column. TechWorld reports that Mandriva's CEO echoed statements from other open source leaders, saying essentially 'we don't need to pay protection money to do our job.' From the article: 'Jonathan Eunice, an analyst at Illuminata, said Microsoft's deals with Xandros and Linspire don't have the same impact as they would if they had been made with a major Linux vendor such as Red Hat. "I think Microsoft is going to second-tier players, and they're cutting deals with them because they are softer targets," Eunice said.'"
[+] Your Rights Online: Microsoft and LG Electronics Sign Linux Covenant 263 comments
rs232 wrote with a PC World link discussing another alliance between Microsoft and a vendor via Linux. The vendor this time around is electronics maker LG, and marks the fifth company to license unspecified patents relating to Linux or Linux devices from the OS giant. "'This agreement is focused only on exchange of patent rights,' said David Kaefer, general manager of IP licensing at Microsoft. 'The open-source elements of the deal do utilize a covenant model similar to the Xandros and Novell deals, but this deal is most similar to recent agreements with Samsung and Fuji Xerox.' Those deals were signed this year in April and March, respectively. Both covered general access to intellectual property contained in patent portfolios and included protection for customers using Linux-based software."
[+] Xandros Reportedly Buys Out Linspire 153 comments
2muchcoffeeman writes "Former Linspire president and CEO Kevin Carmony — whose relationship with his former employer has turned acrimonious, to say the least — reported on his blog that Xandros and Linspire signed an agreement in principle for Xandros to buy Linspire June 19. Carmony includes a scan of the memo to Linspire shareholders announcing the deal, which requires the former Linspire company to change its name. According to the memo, the stockholders voted to change the company's name to Digital Cornerstone, Inc. Despite the wording of the Linspire memo to stockholders, this deal apparently came as a surprise to Carmony and other stockholders. Some here may remember that both Xandros and Linspire signed patent protection deals with Microsoft in 2007."
This discussion has been archived. No new comments can be posted.
The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
 Full
 Abbreviated
 Hidden
More
Loading... please wait.
  • by blcamp (211756) on Thursday June 14 2007, @07:38AM (#19503709) Homepage

    Allow yourselves to be assimilated, and we will drop all litigation. Hell, we'll even let you call yourselves a "vendor".

    Resistance is futile, indeed...

    • by DuncanE (35734) * on Thursday June 14 2007, @08:06AM (#19503981) Homepage
      Okay WTF is going on?

      I understand that these kind of small Linux vendors need to make money, but why are they signing up to this?

      I can only think its cold hard cash talking. Both Linspire and Xandros have just signed their death warrants (Novell at least has other options).

      Begun the Microsoft (Clone) wars has.
        1. Ubuntu and Lindows have a deal regarding "click-n-run", etc., and that future Lindows distros will use Ubuntu as the base.
        2. Microsoft can't attack Ubuntu directly
        3. So Microsoft attacks their partner.
        No, there's no "... PROFIT ..." - except for Microsoft.
        • by sumdumass (711423) on Thursday June 14 2007, @11:43AM (#19507259) Journal
          Don't look at this as an attack on a vendor. If anything this is an attack on the GPLv3.

          But more importantly look at the details of the deal. So far as I can tell, this stuff only covers the use of proprietary stuff with GPLed/third party offerings. Outside the idea of a GPLed program potentially using them, it won't effect the GPLv3 status at all _IF_ the agreement is specific in what code or IP the patent protection covers and that code isn't inside a GPLed program.

          I think this might be another case of jumping the gun on too little details. The reaction to Novell's deal was way overblown and once the details were released, it appeared to no cover anything that would competing with microsoft blah blah blah. People said Novell got screwed. Well they did, by the GPL leaders who reacted over a bunch of misplaced hype. None of this was about the potentials of contaminating OSS. it is all about dealing with Microsoft. You don't even know the specfics of the deal and are accusing "Microsoft attacks" already.

          At best, this just shows MS's effort to fracture the GPLv3. When enough companies need to stick around that projects will be forked or uninformed people implode over using the GPLv3 while having deals like this and become angry enough to make an ass of themselves it will be their doing. MS is likely attempting to do a divide and cause conflict within as their strategy of dealing with OSS and it is going to be highly successful.
            • by livewire98801 (916940) on Thursday June 14 2007, @01:37PM (#19509061)
              What concerns me is that in spite of all the rallying on Slashdot, there seems to be no negative impact on the vendors that sign these deals. openSuSE is still third on distrowatch's [distrowatch.com] rankings. This may not be an concrete indicator for installed base, but it does show that people are still reading about it and linking to their website.

              We need to completely drop any Linux vendor that signs a deal with Microsoft. Change distributions to a "clean" one, remove any currently installed software, and contact the vendor for refunds on any boxed software purchased through them. I don't expect anyone to get refunds, but the calls will serve as a reminder.

              This is serious people.
        • by Locutus (9039) on Thursday June 14 2007, @12:48PM (#19508307)
          I believe it was also about Linspire getting continued access to MS codecs. Linspire, IIRC, was/is the only distro which ships with full multimedia access/enabled for US users. They got that from the settlement to change their name from Lindows to Linspire, along with a bunch of cash.

          It appears that rights to use MS codecs was not unlimited and Linspire wanted to continue with that 'feature' of their distro. My guess is that alot of the motives behind this was the extension of the licensing for those codecs. Like in the Novell deal, Microsoft probably 'requires' the fake IP protection crap or else any other deal would fail or cost too much. It's typically how they operate.

          How this will impact the Click-n-Run deal with Ubuntu will be something to look at since I'm sure Microsoft would not want Linspire to just hand out those codecs to just anybody.

          I will warn others to not believe this is about Microsoft collecting fees from Linux. Microsoft runs by Windows and without Windows, they fall. Therefore, all this IP licensing stuff is about killing Linux or killing corporate use of Linux one way or another. They've shown before that they're willing to spend billions just to protect the Windows monopoly/gravy-train and Linux is a threat. IMO.

          LoB
    • by russ1337 (938915) on Thursday June 14 2007, @08:21AM (#19504139)
      Auctioneer: Going once.... going twice..... *bang!* This Soul goes to the man in red suit who just threw his chair.
    • by Stocktonian (844758) on Thursday June 14 2007, @08:59AM (#19504663) Homepage

      In return, among other things, Linspire will make Microsoft's search engine the default search on PCs shipped with their OS.


      As someone who sells Linux ,and only Linux, pre-installed on PCs and laptops across Europe I'm disappointed in this. My company is a Linspire reseller and system builder and we've been awaiting the new Linspire 6.0 for a few months now with baited breath. Linspire 5.0 doesn't work on most of our hardware so we're not selling it at the moment and news like this makes me want to drop it all together.

      It'll be a cold day in h*ll before I ship a PC with Microsoft Search as the default.
      ---
      http://www.xephi.co.uk/ [xephi.co.uk] for Linux without MS Search
    • by efence (927813) on Thursday June 14 2007, @09:42AM (#19505305)
      Microsoft: "If You Can't Beat 'em....Charge 'em." [linspire.com]

      Our experience has been that Microsoft gives a lot of lip service to wanting to work with open source Linux, but then proceeds to drag their feet and delay in actually delivering anything meaningful. (Does anyone following ODF believe Microsoft's proposed "open standards" are really open, or just self-serving?) Given their history, I'm understandably very skeptical that Microsoft sincerely wants to do much here.
  • Okay. That does it. I want in. Where do I sign up for the free Microsoft cash?
  • by Recovering Hater (833107) on Thursday June 14 2007, @07:40AM (#19503729)
    ...continues to hang itself. At least we still have Debian. Even though its derivatives will probably all sell out.
    • by MichaelSmith (789609) on Thursday June 14 2007, @07:44AM (#19503771) Homepage Journal

      At least we still have Debian. Even though its derivatives will probably all sell out

      Even Ubuntu? I think you are wrong, but we will see, won't we.

    • The LInux business community...continues to hang itself. At least we still have Debian.

      Cross-licensing in business is the norm and, if, like Linspire, you want a piece of home market, some accommodation with reality, the proprietary DVD codec, Windows 95% share, etc., is necessary.

    • by Ganesh999 (1075569) on Thursday June 14 2007, @09:36AM (#19505229)
      > ...continues to hang itself. At least we still have Debian. Even though its derivatives will > probably all sell out.

      A little perspective here, please.

      * Novell sold out because, despite their purchases of Ximian & SuSE, they never really "got" Linux; they were just trying to shore up a rapidly dying Netware product while continuing business along the same paradigms that killed it. Witness the resulting exodus of several core SUSE developers, further reducing the company's understanding of Linux; frankly I've seen Novell Linux brands as almost defunct for some years now. (go on, flame away...)

      * Xandros sold out because their market share and community was miniscule. They sought to steal Windows market share, but (unsurprisingly) didn't have the resource to tackle Redmond. Xandros are already defunct and starting to smell; they just don't know it yet. (go on, flame some more...)

      * Linspire haven't really recovered since having their teeth pulled, and they really don't "get" the security issue. The whole distro is very much Kevin Carmony's baby, and seems to be very fluid while it tries to find a profitable niche. Ubuntu's just broken into the territory it was trying to win (i.e. preinstalled mainstream linux), so I think the distro will die soon. Strangely, though, I don't think that Linspire has sold out, exactly, it's following in its father's footsteps; it understands business, not OS, and is evolving into a kind of "software accessibility enabler". Personally I detest the proprietary shit its peddling, but Ubuntu's already proven there's a demand for that.

      So MS has munched on the low-hanging fruit. Sad, but not unexpected; the old & weak are always the first to go in war & business. What remains is :

      * Several hundred non-commercial distros, top of the list is Debian, the epitome of idealism.
      * Ubuntu - very smart, idealistic, breaking into the mainstream.
      * Redhat - very smart, idealistic, pwns the enterprise Linux sector and employs the majority of kernel hackers (and just ballsed up royally with its recent partnership - *Symantec*, for gods' sake! - but they should weather it ok).
      * Mandriva - still kicking, playing interesting tunes on 3D desktop usability.
      * Various other commercial appliance distros e.g. firewalls, Tivo, etc.
      * One lone idealistic guy with who owns the damn trademark.

      So let's not moan doom & gloom too early, eh?

      Now, if someone rings tomorrow to tell me that Torvalds just sold Linux(tm), then you might have a point. But the *source* will still be out there & owned by the community that developed it. There is now a minimum level of code & application quality that proprietary software houses must meet; and while they don't, there will always be an underdog.

      Best regards,

      Conrad
    • by walterbyrd (182728) on Thursday June 14 2007, @09:51AM (#19505443)
      I believe Ubuntu's founder made it clear that Ubuntu would not sell out to msft in this interview [fmtech.co.za].
  • O rly? (Score:5, Funny)

    by EveryNickIsTaken (1054794) on Thursday June 14 2007, @07:41AM (#19503733)

    Linspire will make Microsoft's search engine the default search on PCs shipped with their OS.
    So that'll increase MS's total by 10 units? Why even make this deal?
    • Re:O rly? (Score:4, Insightful)

      by denominateur (194939) on Thursday June 14 2007, @08:05AM (#19503967) Homepage
      I'm guessing the point is that Microsoft will have a growing list of vendors who agree that perhaps patents are being violated, thereby justifying their litigation action if any is going to occur.
      • Re:O rly? (Score:4, Insightful)

        by JimDaGeek (983925) on Thursday June 14 2007, @09:22AM (#19505033)
        No, none of the companies agreed that MS patents are being violated. They signed a deal so they don't have to worry about it. A bad deal IMO, but that is all it is. No company admits to anything. Why do you think so many settle out of court when they can't win/are wrong? Because the settlement does not include an admittance of guilt.

        All Microsoft is doing is going after the fringe Linux distros that have no real user base. These fringe players have nothing to lose. Now, if Ubuntu or Redhat/Fedora jump ship, then that will be news. Though I don't see it happening. Redhat has enough money to fight it out in court. Ubuntu is based where software patents are not valid so they don't have to worry.
  • by Alethes (533985) on Thursday June 14 2007, @07:42AM (#19503737)
    I don't mean to sound ignorant or naive, but isn't this just what businesses do? All of the distros that have done this are really more concerned about the bottom line than freedom, right? So let them do their thing, maybe get some people and companies to switch to Linux (Which is a Good Thing) and the rest of us will use whatever distro we want regardless of patents and Microsoft, right?
    • by denominateur (194939) on Thursday June 14 2007, @07:50AM (#19503839) Homepage
      The problem is that a lot of the software we use on a daily basis is largely copyrighted by these businesses in addition to the thousands of developers that have contributed code. Most of the nuts and bolts of a linux distro, including a lot of the kernel, came from redhat developers. As for the desktop, GNOME has a lot of contributions from Novell programmers. KDE is almost entirely Trolltech's child and so on. So in case any patent litigator has valid (in legal terms, we all know how much we agree with software patents) claims in any of these pieces of software, the community at large will be forced to rewrite large portions unless these copyright owners transfer everything to GPL3.
        • Re: (Score:3, Insightful)

          Maybe I should have worded it differently. In order for the GPL3 patent protection to be effective all copyright holders must agree to relicense their contributions to GPL3 (unless the copyright notice states specifically that any derivative work can be licensed under GPL2 or later, which is true in most cases, thereby making it possible for other people to repackage and rerelease under GPL3 as much as I unerstand)

          e.g from the template header for GPL software: This program is free software; you can redistri
            • by denominateur (194939) on Thursday June 14 2007, @09:03AM (#19504733) Homepage
              I realise that, I was specifically referring to section 11 of the current draft. If the Novell/Linspire/Xandros deals include licenses to Microsoft patents, relicensing to GPL3 will extend that patent license downstream to all users of said software, thereby protecting them from any patent claims that Microsoft makes. Of course the enforcability of this third-party downstream patent claim protection is something that will be tested in court. Of course I'm not trained in the legal profession and I'm just trying to understand this whole conundrum for myself. Since the Novell deal essentially grants Novell a license to sublicense Microsoft patents to its users, the following clause will extend this sublicensing to all users of Novell's contributions, irrespective of their status as direct Novell customers.

              From the current GPL3 draft, section 11:
              A contributor's "essential patent claims" are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a consequence of further modification of the contributor version. For purposes of this definition, "control" includes the right to grant patent sublicenses in a manner consistent with the requirements of this License.

              Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version.
  • by Puls4r (724907) on Thursday June 14 2007, @07:44AM (#19503761)
    This is how Microsoft has always done business. From Internet Explorer to Media Player on down the list, bundling the software or having it as a "default" is a very very powerful tool.

    For instance, most companies lock down their computers. I can't even install quick time on ours - which means that unless it works with windows media, I don't visit the website. Many websites know that - so they don't use Quicktime formats. It's a neverending circle.

    If I were google, I'd be thinking about doing the same thing in reverse. Get your office suite working and then begin package it free on every computer manufacturer that you can negotiate with.
  • by b1ufox (987621) on Thursday June 14 2007, @07:46AM (#19503789) Homepage Journal
    What are linux big shots waiting for now?

    Red Hat , Ubuntu please do the rest of the honours. I have no freaking idea what MS has in his pocket that all these companies have agreed to MS terms of so called *patent* protection.Hell yes, i am paranoid but that so only because MS is involved in all of these pacts, i am not at all comfortable taking the bullshit.

    Why is Linux community silent on a whole? Only thing they can do is host a site called as showusthecode.com and challenging Mr Balmer. And MS responded by making one more Linux company its ally. Now i am really getting worried about my submitted code as GPL. Is this just me or something is really cooking up at Redmond?

    • Why is Linux community silent on a whole?

      Good god, man! Are you serious? The Linux community isn't silent about anything. Novell has experienced a backlash, and the CEO had to go so far as to address it publicly. That's not insignificant, in my mind.

      Now i am really getting worried about my submitted code as GPL. Is this just me or something is really cooking up at Redmond?

      I'm struggling with that, too. Trying to figure out how serious a concern this is. My one solace at the moment is that what we've really got is Microsoft managing to rope Novell, and then two bit players in the game. Xandros and Linspire? Microsoft isn't exactly taking down the titans of the Linux world.

      They did get Novell, and I agree that's not small potatoes - but the general opinion really seems to be that as well as getting hosed, Novell also got conned by the boys from Redmond. In the fallout - RedHat specifically rebuffed Microsoft's public offer.

      Many people have compared this to the SCO fud-fest that got going - and that actually seems to be a more apt analogy the further we go. A couple of small-frys have caved in -- in their own defence, they're not equipped for a battle with Microsoft, and we must assume these are businessmen and not fanboys.

      I expect Microsoft will continue to pick off the small distros, trying to build some PR momentum before training their guns on the larger players in the Linux industry. Not dissimilar to SCO's approach.

      What happens then, is what tells us what's really going on here...

  • All of a sudden how did Microsoft become as respected as Don Corleone? Everybody's signing pact with them for "protection". And they're JUST BLUFFING!!

    I feel as if the world's been turned upside down.

    Or maybe the true nature of computer businesses has been revealed. In the end, it's just a bunch of greedy b=$)/"%...

    Oink oink [google.com].
  • by smitty_one_each (243267) * on Thursday June 14 2007, @07:49AM (#19503827) Homepage Journal
    I've got dozens of friends and the fun never ends
    That is, as long as I'm buying
  • it is a good thing (Score:4, Interesting)

    by FudRucker (866063) on Thursday June 14 2007, @07:56AM (#19503885)
    This will just separate the wheat from the chaff. when it is all over the GNU/Linux community will be stronger and those that sign on with microsoft will have lost the respect and be shunned by the majority of the Linux community (both developers & users)...
  • Microsoft clearly want to divide and conquer: They know they cannot fight against the movement of open/free software, but they sure can influence companies. As long as there are big distro's as foolisch to walk the path Microsoft lays down for them these kind of agreements will keep coming.

    I'm very curious what will happen with these agreements with Novell, Xandros and now Linspire when gpl v3 arrives. And don't forget, the list of companies signing agreements with Microsoft will keep on growing.

    But it seems these companies do not handle in the best interest of the community anymore, but only to serve their paying customers.

    Greed, anyone?
    • by ClickOnThis (137803) on Thursday June 14 2007, @08:34AM (#19504321) Journal
      They know they cannot fight against the movement of open/free software, but they sure can influence companies.

      YESSSS! Give that customer another mod point.

      But rather than trying to "divide and conquer" the FOSS community, I'd suggest it's a new chapter in Microsoft's "embrace, extend, extinguish" strategy. Getting these companies to sign agreements covers the "embrace" part. The "extend" part is, perhaps, the will-not-sue covenant: it offers an extra warm/fuzzy feeling for the customer.

      I'm very curious what will happen with these agreements with Novell, Xandros and now Linspire when gpl v3 arrives.

      Maybe this is the "extinguish" part. AFAIK, the companies who have signed the agreements could no longer include updated versions of code that has gone to GPL3. So ... either they go out of business or they fork their code. (Hmmm, the latter actually does seem like "divide and conquer" after all.)
    • by fwarren (579763) on Thursday June 14 2007, @09:13AM (#19504917) Homepage
      Microsoft clearly want to divide and conquer: They know they cannot fight against the movement of open/free software, but they sure can influence companies. As long as there are big distro's as foolish to walk the path Microsoft lays down for them these kind of agreements will keep coming.

      Microsoft is doing what they have always done. Made deals with other companies that in the long run, put Microsoft on top and kills the other company (if possible). IBM and Red Hat won't play this game, they are in business to prosper for a long time. Novel was stupid, and made a bad deal...they may yet survive it. It wont be the first mistake they have survived. That is why Microsoft got them in on the deal first. If these small frys had signed up first. Novel would have known it's a trap and not done the deal. So Novel survives, and all these dumb little you have to buy me Linux distros go bye bye. Somehow the Linux community will survive.

      It is good that the business world has recognized the value of Linux. But Linux is not just composed of companies who have paid programmers to add things they need to GNU/Linux. It is made up of programmers who for their own reasons, want to work on this and add stuff to GNU/Linux. It is also world wide, so even these shenanigans in the US will not halt linux from moving on.

      Who knows, even if Microsofts wet dream were to come through, and you could not sell a linux distro in the US, and it could not be used in a business environment. People in the US would still download, and help improve Linux.

      Linux is not going away. The community will still be here, and it will still grow. Also, I think other countries like China or developing thrid world nations will standardize on it which would force readoption of Linux in the US at some point.

      Truthfully, Eve has already bitten the apple. Linux is here to stay in the US. The military does not want to see it go away. Large companies, like Google or banks, rely on it and would not want to see it go away. IBM, who has the power to fight on this issue wants linux as well.

      In the meantime we just have to wait and see how this plays out. I hope it is more of a XBox/Xbox 2, we loose money on every sale but will make it up on volume decision from Microsoft. Instead of the Micosoft of the Netscape/Wordperfect era.

      • by Bert64 (520050) <bert&slashdot,firenzee,com> on Thursday June 14 2007, @08:50AM (#19504545) Homepage
        Microsoft are not the biggest worry when it comes to patents...
        Sure they will talk and talk, but they wont actually do anything. They have as much to lose from ridiculous software patents as anyone else. If microsoft start suing people over patents, then a large number of companies will start suing them back, including big companies like ibm and sun, which could have significant impact upon microsoft's products.

        The biggest risk, comes from the small companies who have a few patents but no products. They have nothing to lose, you cant sue them because they dont have any products anyway, their entire business is litigation.
  • I look forward to Microsoft's statement on Friday about how great it is that companies like Linspire are recognizing the need to properly licence Microsoft patents and blah, blah, blah...

    Followed, on Monday, I guess, by a statement from Linspire CEO Kevin Carmony that they never admitted to infringing on Microsoft patents and that they never talked about it, and that Linspire infringes on no one's patents, and, and, and ...

  • by SkunkPussy (85271) on Thursday June 14 2007, @08:09AM (#19503997) Journal
    It seems like M$ are trying to get as many of these agreements out as possible before GPLv3 comes out, although I imagine they will have learnt from the Novell deal.
  • Thanks ESR! (Score:4, Informative)

    And guess who just recently joined the board of Linspire who thinks that Linux market share percentage is the only goal worth following? Thanks for another useful contribution to the community, ESR!
  • That's really funny (Score:5, Interesting)

    by kimvette (919543) on Thursday June 14 2007, @09:29AM (#19505113) Homepage
    It's really funny that Microsoft is "letting" Linspire use Truetype, especially considering that:

        - Truetype is an APPLE innovation
        - Truetype was developed over 20 years ago, so any patents pertaining to such have long run out. Even if there were valid claims, APPLE would have to be the one to pursue the claims. Somehow I cannot see Apple doing this.
        - Fonts aren't copyrightable, based on numerous court precedents (note: a font is distinct from a typeface: a font is a typeface with a style, weight, size applied)

    A typeface dscriptor (a .ttf file) may be coprightable ( http://nwalsh.com/comp.fonts/FAQ/cf_13.htm [nwalsh.com] ) however that is easily resolved: ttf2afm $foo $bar && afm2ttf $bar $zag. Granted, that is a sleezy way to work around the issue, but the end result is likely not going to be an identical binary file. That would be a slightly interesting test case. Considering that the outline itself is not copyrightable but the binary representation of it is, I wonder if such a tactic is clear of infringement in a court of law? I'm sure the big business would win, but it's not outside feasibility for that to be considered not infringing since typefaces are an odd creative work in terms of copyright.

    So, licensing truetype fonts to Linux distributions? Ha. I hope these linux vendors are not paying so much as a dime for these "agreements"
  • by halovaa (774219) on Thursday June 14 2007, @10:27AM (#19506005)
    Did anyone here actually read the AP summary? Linspire went out and licensed actual code from MS for Windows Live Voice stuff, Windows Media files, and Truetype Fonts (it doesn't say anything at all about patents for fonts, they probably just mean providing the fonts). They're also working on translating between OpenXML and ODF. These are all pretty important to people who want commercial Linuxes to "just work" in a Windows-centric world, and can't settle for partially working reverse-engineered implementations. And oh yeah, they also agreed to protect Linspire users against legal action by Microsoft in regards to any patents. It sounds more like Linspire went out to license these technologies from MS, then MS wanted to add in the patent protection stuff to make it sound like another Linux vendor is paying protection money to them (even though MS seems to be paying most of the money so far). Yes, I hate MS, and yes I think the patent deals spread a lot of FUD, but I think Linspire has managed to get some good things out of this deal, depending on how much they paid. Or maybe MS paid them again?
    • He is mad that he never got the developer support for Hurd.
    • Thanks to GPLv3 all people who are with Linux because they hate Microsoft will leave

      Why?

    • RMS, why do you hate Linux so much?


      Because Linus caught the FSF sleeping on the kernel work and showed the world that building a world-class OS kernel just isn't that hard?
    • RMS, why do you hate Linux so much?
      That is not what is happening. Linux is just one kernel that happened to fit with the GNU userland. Before that, you had to use a BSD kernel to get a GNU system up and running (and almost nobody did, because BSD comes with its own userland stuff which is also Free Software. Who but an enthusiast with a bee in their bonnet is going to buy a complete car, then rip out just the engine and transplant it to an existing chassis?) You can also run GNU with a Solaris kernel. Come to think of it, quite a lot of OpenSolaris seems to be GNU alternatives to Sun's proprietary userland tools. GNU/Solaris may well be the Open Source OS of the future.

      None of which is to denigrate the Linux people in any way. They've done a great job in raising the profile of Open Source / Free Software (and they are the same thing) to the point where an entrenched monopoly is running scared.

      As for Hurd, well, that failed simply because it's a microkernel and microkernels plain don't work. Hurd is designed around the idea of building fences where they look pretty, irrespective of how much traffic may have to pass through them. Linux is designed around the idea of building fences where as little traffic as possible ever has to pass through them, no matter how ugly it may look to an outsider with no understanding of what those fences are there to do. The existence of layers is natural, but the boundaries between them are determined by cold, hard mathematics. Attempting to adjust those boundaries will ultimately be futile.
    • by dclozier (1002772) on Thursday June 14 2007, @08:58AM (#19504647)
      The wool has been pulled over your eyes. Microsoft is only doing this to give it's patent claims some validity. Their stance will be "see, Linux must infringe, all of these distributors have signed patent deals with us". This is a divide and conquer move.

      But I see this dark cloud with some silver lining. We will know which companies actually are part of the Linux community and which ones are not. So far Redhat and Ubuntu have vocally expressed that they will not do any such deals with Microsoft. There may be others but I am unaware of any at this time.
      • Re: (Score:3, Interesting)

        The GPL, including version 3, is about being free to make choices for yourself, but not for other people.
    • by Tony (765) on Thursday June 14 2007, @09:30AM (#19505135) Homepage Journal
      Or, are we going to say, "You are free to choose, as long as you don't make these choices?"

      I do not think that word means what you think it means.

      You are not free to make choices that restrict my freedoms. Full stop.

      Part of freedom is about maintaining freedom. The problem with deals like Linspire and Novell and Xandros is this: they are complicit in Microsoft's attempt to control free software. If they are successful, they have contributed to the reduction of my freedoms.

      This isn't a matter of, "You are free to do as I say." This is a matter of, "Don't tread on me." This is a matter of, "Your right to swing your fist ends just before my nose." This is a matter of, "Those fuckers are trying to destroy a beautiful thing."

      You are free to use Linspire. Go ahead. But as you find yourself free to do what Microsoft says, remember: it was your choice.

      And choices have consequences.
    • by Tony (765) on Thursday June 14 2007, @09:53AM (#19505479) Homepage Journal
      'Free' in business terms doesn't exist.

      Of course not. That's why the biggest on-line success stories are based on free software (Google, Amazon, others). That's why most fortune-1000 companies use free software. That's why Linux has been the fastest-growing OS for several years. (Not that it means much, as it's also still behind Apple in terms of desktop deployment.)

      The patent agreements are to increase the fears, not allay them. Right now, you can use Linux freely. You can download a copy and install it on all your computers, whether you have one or one thousand or one million. The BSA can't bust down your door and count your Linux seats. (Well, they can, but there's nothing they can do about it.)

      Microsoft aims to change that perception. They want people to believe that Linux has the same licensing requirements as MS-Windows. They want to reduce people's freedoms, or at least change their perception of those freedoms.

      If you can support a company like that, be my guest. I won't. I refuse to use their software. I will never develop for their software. Not that my threats keep Ballmer up at night or anything, but they aught to realize they are alienating their own customers, which is *never* a good business strategy.