EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

11.29.07

A Quick Look at Mono Licensing and Microsoft Licensing

Posted in GNOME, GNU/Linux, Microsoft, Mono, Novell, Patents at 3:02 pm by Dr. Roy Schestowitz

Thanks to a couple of readers, who gave up a quick headsup on this issue, we believe that interesting new information is now available.

Curious bits about Mono licensing can be spotted in the Mono project Web site:

Why does Novell require a copyright assignment?

When a developer contributes code to the C# compiler or the Mono runtime engine, we require that the author grants Novell the right to relicense his/her contribution under other licensing terms.

This allows Novell to re-distribute the Mono source code to parties that might not want to use the GPL or LGPL versions of the code.

Particularly embedded system vendors obtain grants to the Mono runtime engine and modify it for their own purposes without having to release those changes back.

Patents

Could patents be used to completely disable Mono?

When .NET went Shared Source Miguel de Icaza talked about what it all meant. Looking at the Microsoft Reference License you find some very brow-raising phrases discussing software patents. Examples include:

(B) If you begin patent litigation against the Licensor over patents that you think may apply to the software (including a cross-claim or counterclaim in a lawsuit), your license to the software ends automatically.

IANAL, but nonetheless there’s something to watch out for here. We wrote about this before.

Another thing you may find suspicious is related to Novell’s copyright assignment, as mentioned above. From GNOME’s Web site, in the Evolution download page (at the bottom of the page): “Copyright © 2004-2007 Novell Inc.”

Remember that only weeks ago, Miguel de Icaza began speaking about Mono extensions for Evolution. Whatever you make out of this, all we do here is provide information.

From a discussion in Digg.com (initiated by accusations against the messenger)

Well, I actually question some of the newer parts of GNOME as well, like MONO.
They are truly constructing something that legitimizes the case for intellectual property infringement.

When some judge actually decides MONO is too much of a clone for a technilogical tool (this does not concern double-click style patents but true technology patents), the FUD due to that might back fire to all linux technology including those that are original.

If I were Microsoft i would be very happy with MONO. The trojan horse of the linux eco-system. Those actively promoting it on microsoft-sponsored-payroll (such as Novell), should have their loyalty questioned.

Richard Stallman actually wrote about this yesterday and even cited this Web site.


- ——– Original Message ——–
Subject: GNOME dependent on Mono
Date: Wed, 28 Nov 2007 20:03:38 -0500
From: Richard Stallman rms [at] gnu.org
Reply-To: rms [at] gnu.org
To: foundation-list [at] gnome.org

I read http://boycottnovell.com/2007/11/05/gnome-mono-yelp/ with
great concern.

Since I am not an expert, I cannot tell on my own if that description
of the situation is accurate. If part of it is not accurate, I hope
someone will explain. However, if it is accurate, GNOME has a serious
problem.

I have always supported the development of free platforms for C#, just
as I’ve supported the development of free platforms for any language
that users use. I also wouldn’t argue that people should not use C#
with a free platform for secondary applications.

However, making GNOME depend on Mono is running a grave risk, and a
grave mistake. If the article accurately describes the situation, I
think we need to launch a high-priority project to reimplement Yelp in
some other language.

The use of code from Firefox in a way that might cause trademark
problems is also a serious issue. The solution might not be difficult
- — it may be enough to remove the trademark in the sources used by
GNOME wherever that is necessary — but the solution does need to be
carried out.

The nontechnical impact of these issues vastly exceeds the technical
impact, so considering them only in technical terms is fundamentally
misguided. In this sort of decision, the Foundation should intervene
and decide based on the nontechnical issues at stake. If those who
work for Novell tell us not to worry, we should not listen to them.


Given all the information which is presented here, how can one’s doubts be alleviated?

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

3 Comments

  1. werner said,

    November 30, 2007 at 9:32 am

    Gravatar

    I think: a) All this is not bad , but b) everybody should know it

    We should not be worried about any kind of COMERCIAL INTERESTS w.r.t. open software. Let the wolfs eat them each another.

    But we should know this, and stay far from any comercial or ‘property’ things in open source.

    It’s almost normal but OK that anybody who dance with the devil and use, directly or indirectly, any privat, no-open aplication, earlier or later is enrolled with any ‘patent rights’, ‘license terms’ or things like this.

    Thus, one simply should not participate to such privat or half-privat things, nor use them.

    It should also be observed, that patent rights – in opposite to copyrights – apply only to comercial concurrents. They are irrelevant for end-users. At least under european legislations, you can USE them as you want. Already because of this, is irrelevant the FUD by M$. In the worst case, they could process only sellers, but not users.

    The next thing is, that other states have the right of autonomy in their public administration and in the realisation of human rights (f.ex., ensign, social integration). They have even the right to declare the informatics, and the own development and divulgation of software for their administration, ensign etc as a public service and souvereignity function – in a few constitutions this is even the case – and divulge it (f.ex., give such open software to poor persons to realize the UNO’s resolution’s warrant to ensign, participation on the modernity, etc) This is not limited by patent rights of others. Not only because these are exclusively comercial rights, unaplicavel to no-comercial distribution, but because the economic rights always are submitted under higher rights, inclusive the government has the souvereignity to determine social function of economy etc. Now, the FUD by M$, when ‘advising not to use open source’ other country/people and their public service’s autonomy, human rights, is not only a right or even need for these countries to check / cancel their adherence to international patent / economic agreements; it can be a crime against public administration and souvereignity of other countries – especially when this ‘advices’ lead to fears or abstence the poor people or the officials use open software for realize their fundamental rights/ensign or public/administrative functions, resp. I think there is nothing to ‘give gratuitly’ to M$ and companions, so that is time that other counties open criminal processes against such ‘advises’.

  2. Uncle Warthog said,

    November 30, 2007 at 6:15 pm

    Gravatar

    Regarding Novell’s Mono copyright assignment terms: It strikes me as funny that they would expect anyone to contribute to Mono under those conditions considering that it is, by and large, this issue which is causing them to fork OpenOffice. Seems to me like Novell wants to have it both ways.

  3. Roy Schestowitz said,

    November 30, 2007 at 8:29 pm

    Gravatar

    On Groklaw, see OpenSuse developers pledge (at the bottom part of the article).

What Else is New


  1. Rumour: EPO in Berlin the Next Casualty of Battistelli's 'Reform' (Organisational Suicide Plan)

    Months after we learned that a former staff representative in Berlin had been dismissed we come across an anonymous claim that Berlin's 'branch' of the EPO will be folded onto Munich's



  2. Caricature: the Maas App

    The failure of Maas to even bother with regulation of Battistelli (among others) earns him this cartoon



  3. Links 5/12/2016: Linux 4.9 RC 8, DeepMind as FOSS

    Links for the day



  4. Leaked: Battistelli Acknowledges Bunk 'Justice' in About 100 Cases at the Internal Appeals Committee of the EPO

    A look at Battistelli's response to the latest from the International Labour Organisation (ILO), exceptionally delivering two decisions at the very end of last month



  5. The UPC Scam Part V: Unitary Patent Regime a Fantasy of Patent Trolls

    "Good for trolls" is a good way to sum up the Unitary Patent, which would give litigators plenty of business (defendants and plaintiffs, plus commissions on high claims of damages) if it ever became a reality



  6. EPO at a Tipping Point: Battistelli Quarrelling With French Politicians, Administrative Council Urged to Act, Staff Unrest Peaking

    The latest messages about Battistelli's regime at the EPO, which faces growing opposition from more directions than ever before



  7. Quality of Patents at the EPO Dependent on the Appeal Boards When Battistelli Assesses Performance Using the Wrong 'Production' Yardstick

    A look at some recent articles regarding patent quality in the US and in Europe, in particular because of growing trouble at today's EPO, which marginalises the appeal boards



  8. Microsoft's Push for Software Patents Another Reminder That There is No 'New' Microsoft

    Microsoft's continued fascination with and participation in the effort to undermine Alice so as to make software patents, which the company uses to blackmail GNU/Linux vendors, widely acceptable and applicable again



  9. Links 5/12/2016: SparkyLinux 4.5 Released, Kondik Exits Cyanogen (Destroyed After Microsoft Deal)

    Links for the day



  10. Software Patents Continue Their Invalidation Process, But Patent Law Firms Try to Deny This in Order to Attract Misinformed (or Poorly-Informed) Clients

    A roundup of news about software patents and demonstration of the sheer bias in the media, which is mostly controlled or steered by the patent microcosm rather than actual inventors



  11. Patent Trolls of Microsoft and Ericsson Are Trying to Tax Everything, Especially Linux Devices

    An update on Intellectual Ventures and Unwired Planet, whose operations pose a growing problem for Free software and Linux-based products (e.g. Android)



  12. Asia's Patent Litigation Chaos Getting Worse, Reaching Countries in the West, and Sites Like IAM Actively Promote This

    The race to the bottom (of patent quality) in China, the growth of patent trolls in the region, and the ruinous litigation strategy which now spills over even to the US -- through the Eastern District of Texas -- and may inevitably come to Europe (especially if the UPC ever becomes a reality)



  13. More French Politicians Are Complaining That Benoît Battistelli is a Disgrace to France and Urge for Action

    The backlash against Battistelli spills well outside the EPO and is now apparent even at the French National Assembly



  14. Links 3/12/2016: Mageia 5.1 Released, Mozilla Revenue at $421.3M

    Links for the day



  15. Canadian Intellectual Property Office (CIPO) Sees Decline in Patent Applications and It May Actually be a Good Thing

    Challenging the false belief that the more patents society has the better off it will be, citing examples and news from north America



  16. Blockchain Domain Infested With Software Patents, MasterCard Among the Culprits

    Worrying signs that an area of Free/Open Source software innovation is getting impacted by the plague of software patents



  17. Dutch Media Covers Latest EPO Scandals, German Media Totally Absent (a Media Blackout of Convenience)

    Our observations regarding the apparent media disinterest in EPO scandals, especially at the very core of the EPO (principal host country)



  18. Relocating the Boards of Appeal to Haar is a Poisonous Priority at Battistelli's EPO

    Revisiting Battistelli's effort to chop off the appeal boards that are necessary for ensuring patent quality at the EPO



  19. Links 2/12/2016: Mint Betas, Chrome 55, KDevelop 5.0.3, PHP 7.1.0

    Links for the day



  20. The Rule of Law and Justice Don't Exist Inside the EPO, Confirms the International Labour Organisation (ILO)

    Further analysis of the latest rulings from the ILO -- decisions that were long expected



  21. A Day in the Life of... Battistelli's Banana Republic

    This is part 5 of a fictional diary from the EPO



  22. Links 1/12/2016: Devuan Beta, R3 Liberates Code

    Links for the day



  23. Two ILO Decisions on EPO Cases Are Released, at Least One Judgment is Considered Good for Staff

    Years later (as justice is too slow, partly because of the EPO, being the principal culprit that clogs up the ILO's tribunal system) there is a couple of new judgments about EPO abuses against staff



  24. Dutch and French Politicians Complain About the European Patent Office, British Media Coverage Regular Now

    Pressure from the political systems, the scientific community and from the media is growing, as it becomes abundantly apparent that the EPO cannot go on like this



  25. Links 30/11/2016: Git 2.11, GOG Surprise Tomorrow

    Links for the day



  26. The UPC Scam Part IV: Bumps Along the Road for UPC, With or Without the UK and Brexit

    A sobering reality check regarding the UPC, no matter what Lucy Neville-Rolfe says under pressure from Battistelli and some selfish law firms that are based in London



  27. The UPC Scam Part III: The “Patent Mafia”

    Bigwigs like Lucy Neville-Rolfe and Benoît Battistelli, together with Team UPC and its tiny minority interests (self enrichment), are conspiring to hijack the laws of Europe, doing so across many national borders with unique and locally-steered patent policy in one fell swoop



  28. The UPC Scam Part II: The Patent Echo Chamber at Work, Prematurely Congratulating Itself in Its 'News' Sites





  29. The UPC Scam Part I: EPO-Bribed Media Outlets Lie to Brits (and to Europeans) About the UPC

    An introductory article in a multi-part series about UPC at times of Brexit and Lucy Neville-Rolfe's bizarre sellout to Battistelli



  30. European Public Service Union Asks EPO Administrative Council “to Re-establish the Rule of Law at the European Patent Office”

    The chinchillas of the Administrative Council are assertively asked to tackle the abusive management of the EPO, which gets condemned not only by CERN but also EPSU, which is working with the Dutch government to end lawlessness at the EPO


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts