Microsoft Was Distributing Ubuntu Linux 281
ausage writes "Groklaw has noted that for the last few days, Microsoft has been distributing Unbuntu Desktop Linux from the Windows Marketplace Website. The page is gone now, but can still — as of this morning — be seen using Google cache. 'Heaven only knows that's true, simply perfect for laptops, desktops and servers. The part Microsoft got wrong is it says the license is "Free" and "No limitations". Actually, the GPL does set some limitations, like what you are responsible to do if you redistribute.'"
Distributing? (Score:5, Insightful)
This is amusing, but it will not have any of the legal implications that many would expect from Microsoft distributing Linux.
Re:Am I wrong? (Score:5, Insightful)
Re:How much do you want to bet (Score:2, Insightful)
Re:"Unbuntu"? (Score:3, Insightful)
They've been distributing that for years. I say we call the article a 'dupe' and move on to real news.
Re:confusing (Score:3, Insightful)
Re:confusing (Score:5, Insightful)
Re:confusing (Score:5, Insightful)
=Smidge=
Re:confusing (Score:3, Insightful)
Since it wasn't a Microsoft-Branded product, and was in their "Marketplace" area, not their downloads, they probably haven't incurred any liabilities at all.
Re:confusing (Score:3, Insightful)
1) You are only required to distribute source if you made modifications.
2) If MS makes patent claims against Linux users, they just lose the right to distribute Linux, they don't magically lose (or give up) rights to their own patents.
Re:confusing (Score:3, Insightful)
As far as Point #2 is concerned, it does weaken the patent claim if you are a software developer who uses this particular version of Linux and makes modifications with this particular code base. Provided you personally downloaded the content from the Microsoft website or can show a clean chain of custody from somebody who did. A judge might throw out the counter claim if you want to plea on this point to presume that Microsoft made a mistake to even having this content on their website, but here is the main counter argument:
If Microsoft wants to sue for patent infringement, they are openly admitting that they blatantly violated the copyright of that software against the terms of the GPL. So Microsoft can't have it both ways... either they have violated copyright and face statutory damages on behalf of all of the software developers involved in any piece of the distro, or they have to drop the patent infringement claim. But only if you were a lucky S.O.B. and downloaded the software in the first place. Not after it was
Mind you, this would only realy amount to a defense in this limited situation, but if you are you got yourself a "get out of jail free" card from Microsoft patents. Especially if you were a kernel contributors and got your own software from Microsoft. Somehow I have doubts that any Linux kernel developer ever got a copy this way...particularly if they did something that may be technically covered by a Microsoft patent. And besides, I have not seen Microsoft try to milk these patents and file lawsuits over them forcing Linux kernel developers to cease and desist distribution of the "violating" software.
Re:confusing (Score:5, Insightful)
Re:confusing (Score:5, Insightful)
Now, if your BitTorrent tracker points to a source of illegal music distribution, you can still be held liable for copyright infringement because you are promoting violation of copyright. Microsoft was in no way promoting violation of the GPL.
So basically this doesn't hurt Microsoft (other than we all get a good laugh at their expense), and it doesn't help illegal file sharing. And since Microsoft was diligent about removing the page after it was brought to their attention, they can't even be accused of actively promoting the use of Ubuntu, so it wouldn't even be patent entrapment.
So the long and short of it is this: It was funny, but doesn't change anything.
There's a logical explanation. (Score:2, Insightful)
Here is Ubuntu in the "Windows" section of Download.com:
http://www.download.com/Ubuntu-Desktop/3000-2098_