Microsoft Statement About GPLv3 II

To answer a question I posed in a previous post about how Novell was going to handle the fact that Microsoft does not want to be a party to the GPLv3 (from the Novell PR Blog):

Shortly after the GPLv3 license was released, Microsoft issued a statement in which they expressed their view that Microsoft is not a party to the GPLv3 and it is therefore not applicable to them. Yesterday, they also articulated that, “to avoid any doubt or legal debate on this issue, Microsoft has decided that the Novell support certificates that we distribute to customers will not entitle the recipient to receive from Novell, or any other party, any subscription for support and updates that includes the receipt of any code licensed under GPLv3.”

Microsoft’s current position, taken unilaterally, is intended to eliminate any perceived ambiguity about the applicability of GPLv3 to Microsoft. Nonetheless and independent of Microsoft’s position, we would like to make clear our commitment to our customers that Novell will continue to distribute SUSE Linux Enterprise Server with its full set of functionality and features, including those components that are licensed under GPLv3.

For those customers who will obtain their Linux via a certificate from Microsoft, Novell will provide them with a regular SUSE Linux Enterprise Server subscription, regardless of the terms of the certificate provided by Microsoft. Customers who have already received SUSE Linux Enterprise certificates from Microsoft are not affected in any way by this, since their certificates were fully delivered and redeemed prior to the publication of the GPLv3. Novell will continue to put the needs of our customers first and ensure that they can take advantage of the latest version of SUSE Linux Enterprise to run their business.

Novell and Microsoft plan to continue our technical collaboration efforts which include our joint development work on virtualization, standards-based systems management, identity interoperability and document format translators. Regarding the applicability of the covenants not to sue in the Novell-Microsoft agreement and their applicability in a GPLv3 world, our respective customers will continue to have the benefit of those provisions. For Novell customers, all Novell products are covered by the Microsoft covenant not to sue, independent of their channel of distribution, including both server and desktop and whether they are licensed under GPLv2 or GPLv3.

Whether things end up playing out that simply remains to be seen. It should also be noted that just because Microsoft doesn’t want to be party to the GPLv3 doesn’t necessarily make it so. I’m not a lawyer and won’t venture a guess as to if certificate distribution binds them legally. The issue is getting plenty of coverage, though, if you’re interested. It does strike me as odd how much ambiguity the huge Microsoft legal team continues to leave, but if that’s intentional or accidental I’m not sure. I also surprised how short sighted and unimaginative Microsoft continues to be. I guess it’s all part of protecting the cash cows. Stephe sums it up nicely:

“The (July 5) Microsoft statement seems a bit premature and over reaching,” Walli said. “Stating outright that they aren’t a party to it, means they’ve cut themselves off from using it in some future circumstance where it might be genuinely business beneficial. They would need to unmake this statement. By saying they can’t envision such a situation arising shows a lack of imagination, and makes them as religious on the issue as (Free Software Foundation founder Richard) Stallman. They remain ‘committed to working with the open source community’ without actually wanting to participate in it.”

–jeremy

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