Q&A: Torvalds on Linux, Microsoft, software's future

LinuxWorld has posted an interview with Linus, and as usual there are a bunch of interesting sound bits. A few here:

Lest people think that commercial and Open Source don’t mix…

CW: How did Linux, as a product, benefit by being released as it was?

Torvalds: Well, in a very real sense, if I hadn’t released it publicly, it would just have been a random small project of mine, and gotten use on my machines, but eventually it would have just been left behind as a “that was a fun project, let’s see what else I can do” kind of thing. So, Linux really wouldn’t have gone anywhere interesting at all if it hadn’t been released as an open-source product.

I also think that the change to the GPLv2 (from my original “no money” License) was important, because the commercial interests were actually very important from the very beginning, even if they were much smaller initially. Even in early ’92, you had small (hobbyist) commercial distributions that were really just cheap floppy-disk copying services, where interested individuals that were involved decided that they might as well try to spread the word and also maybe make a small amount of money on the side. The fact that I personally wasn’t interested in that part of the picture was irrelevant.

And the thing is the commercial concerns from the very beginning, even when they were small, were really very important. The commercial distributions were what drove a lot of the nice installers, and pushed people to improve usability etcetera, and I think commercial users of Linux have been very important in actually improving the product. I think all the technical people who have been involved have been hugely important, but I think that the kind of commercial use that you can get with the GPLv2 is also important — you need a balance between pure technology, and the kinds of pressures you get from users through the market.

So I don’t think marketing can drive that particular thing: if you have a purely marketing (or customer) driven approach, you end up with crap technology in the end. But I think that something that is purely driven by technical people will also end up as crap technology in the end, and you really need a balance here. So a lot of the really rabid “Free Software” people seem to often think that it’s all about the developers, and that commercial interests are evil. I think that’s just stupid. It’s not just about the individual developers; it’s about all the different kinds of interests all being able to work on things together.

..on users and developers:

CW: Which are the benefits of Linux for the users, apart from the fact that it’s free?

Torvalds: The biggest advantage has very little to do with the money, and everything to do with the flexibility of the product. And that flexibility has come from the fact that thousands of other users have used it, and have been able to voice their concerns and try to help make it better.

It doesn’t matter if 99.99 percent of all Linux users will never make a single change. If there are a few million users, even the 0.01 percent that end up being developers matters a lot and, quite frankly, even the ones that aren’t developers end up helping by reporting problems and giving feedback. And some of them pay for it and thus support companies that then have the incentive to hire the people who want to develop, and it’s all a good feedback cycle.

CW: What’s more important, Linux’s huge user base or its large developer base?

Torvalds: I don’t think of them as separate entities. I think that any program is only as good as it is useful, so in that sense, the user base is the most important part, because a program without users is kind of missing the whole point. Computers and software are just tools: it doesn’t matter how technically good a tool is, until you actually have somebody who uses it.

But at the same time, I really don’t think that there is a difference between users and developers. We’re all “users”, and then in the end, a certain type of user is also the kind of person who gets things done, and likes programming. And open source enables that kind of special user to do things he otherwise couldn’t do.

Are those special users that actually do things more important? Yes, in a sense. But in order to get to that point, you really have to have the user interest in the first place, so a big and varied user base is important, in order to get a reasonable and varied developer base.

And I would like to stress that varied part. A lot of projects try to specialize in one area so much that they get only one particular kind of user, and because they get one particular kind of user, they then get just a particular kind of developer, too. I always thought that was a bad idea: trying to aim for a specific “niche” just means that your user-base is so one-sided that you also end up making very one-sided design decisions, and then the user base will be even more one-sided, and it’s a bad feedback cycle.

Finally, an attitude about Microsoft that I think many in the community can take something away from.

CW: Microsoft has recently claimed that free software and some e-mail programs violate 235 of its patents. But Microsoft also said it won’t sue for now. Is this the start of a new legal nightmare?

Torvalds: I personally think it’s mainly another shot in the FUD [fear, uncertainty and doubt] war. MS has a really hard time competing on technical merit, and they traditionally have instead tried to compete on price, but that obviously doesn’t work either, not against open source. So they’ll continue to bundle packages and live off the inertia of the marketplace, but they want to feed that inertia with FUD.

CW: Do you think you and the open-source software community are prepared for this battle?

Torvalds: I don’t actually see it as a battle. I do my thing because I think it’s interesting and worth doing, and I’m not in it because of any anti-MS issues. I’ve used a few MS products over the years, but I’ve never had a strong antipathy against them. Microsoft simply isn’t interesting to me.

And the whole open source thing is not an anti-MS movement either. … Open source is a model for how to do things, and I happen to believe that it’s just a much better way to do things and that open source will take over not because of any battle, but simply because better ways of doing things eventually just replace the inferior things.

–jeremy

Open Source: Locked Into Uncertainty

At times it seems like parts of Microsoft are legitimately trying to change. It’s hard to believe anything they say when you see things like this though.

The ad takes you to case studies from Microsoft, including one showcasing the State of Illinois’ email consolidation project. Utah did something similar back in 2002. Believe me, it’s not an easy job.

As you’d expect since it was a Microsoft case study, Illinois chose to consolidate an Exchange/Active Directory solution–they had different agencies using Exchange, GroupWise, and Notes. We were luckier–almost everyone was usin GroupWise and Novell directory–although there were lots of servers with out of date versions that had to be updated before we could install a meta-directory.

I wouldn’t fault any CIO for choosing Exchange. It’s the dominant email platform at this point and clearly the safe choice. What I do find a little interesting is that Illinois officials would go out of their way to help Microsoft create an anti-open source propaganda video. The two stars are Paul Campbell, Director of CMS (Central Management Services) and Tony Daniels, the agency’s Deputy Director. At one point, Daniels says:

“People say that open source doesn’t lock you into any one company, but when you think about it, it locks you into uncertainty.”

Daniels also says something about not having time for “science projects.” Did Microsoft write the script? Sadly, probably not. That’s probably what he really believes. When I became CIO for Utah, I found a culture that was ignorant and, in some cases, scared of open source. That’s probably not just true of state government, but any old-line business.

This brings up a good point. Microsoft is so pervasive in some places and spends so much money on FUD that some people actually think this way. But they think these things not based on reality, having tried Open Source or even factual information. It’s just a matter of what they know and are comfortable with. The work ahead for us is going to be long and arduous. It’s going to be a war of attrition. Changing a mindset, especially one not necessarily formed of facts, is not an easy thing. That being said I wholeheartedly think it’s a worthy challenge. Sure, Open Source has it’s flaws. Everything does. The pros still vastly outweigh the cons. Open Source truly has the power to open doors many didn’t even know existed. Education is going to be one of the keys here. I see that as one of the reasons we’re on the right track. When a more educated and more informed evaluation inexorably leads you in one direction, it’s in that direction I want to be headed.

–jeremy

Massachusetts Falls to OOXML as ITD Punts

From Andy Updegrove:

In a not unanticipated move, Massachusetts announced today that Ecma 376, the name given to the Microsoft Office Open XML formats following their adoption by Ecma, would be acceptable for use by the Executive Agencies of the Commonwealth. The announcement was made even as it appears more questionable whether the National Body members of ISO/IEC JTC1 will conclude that the formats are in suitable form to be granted standards status, and despite the fact that the ITD receive comments from 460 individuals and organizations during the brief comment period announced on July 5.

Most of those comments, “addressed revisions made to the Data Formats section [of the proposed changes to the Enterprise Technical Reference Model, or ETRM], specifically the inclusion of Ecma-376 Office Open XML as an acceptable document format for office applications along with the Open Document Format (ODF).” That number is several times the input received in connection with the original draft of the ETRM in August of 2005 that originally included ODF but not Microsoft’s OOXML.

The decision was posted today at the Information Technology Division’s Web site in a statement attributed to Henry Dormitzer, Undersecretary of Administration and Finance, Interim Commissioner, Department of Revenue, and Bethann Pepoli, Acting Chief Information Officer. That statement read in part as follows:

The Commonwealth continues on its path toward open, XML-based document formats without reflecting a vendor or commercial bias in ETRM v4.0. Many of the comments we received identify concerns regarding the Open XML specification. We believe that these concerns, as with those regarding ODF, are appropriately handled through the standards setting process, and we expect both standards to evolve and improve. Moreover, we believe that the impact of any legitimate concerns raised about either standard is outweighed substantially by the benefits of moving toward open, XML-based document format standards. Therefore, we will be moving forward to include both ODF and Open XML as acceptable document formats. All comments received are posted on this web site.

The “Fair and Balanced – let someone else decide” decision by the current administration and interim CIO Bethann Pepoli stands in sharp contrast to the positions taken by predecessor CIOs Peter Quinn and Louis Gutierrez, backed by then governor (and now-presidential hopeful) Mitt Romney. Both Quinn and Gutierrez insisted on including only “open standards” in the ETRM, and withstood significant pressure from Microsoft to give ground and accept OOXML prior to its adoption by ISO/IEC JTC1.

He ends the blog post with:

Massachusetts – or, more properly, a small number of courageous public servants – did something important two years ago when they took a stand for open formats. It is regrettable that their successors have seen fit to abandon that principled stance, even to the expedient extent of waiting a short while longer to see whether Microsoft’s OOXML formats will be found to be sufficient or lacking under the microscope of the global standards adoption process.

Unlike so many days before as the saga of ODF and OOXML has unfolded, this is not a day to be proud in Massachusetts.

I do find it odd that the ITD didn’t wait what is probably about a month or so to see how the ISO approval process went. Massachusetts defines an Open Format as follows:

“The Commonwealth defines open formats as specifications for data file formats that are based on an underlying open standard, developed by an open community, affirmed and maintained by a standards body and are fully documented and publicly available.”

It seems clear to me that OOXML does not meet this definition, arguably in multiple ways. Matthew Aslett points out some of the revisionist history that seems to be taking place at this point. As Andy points out, this is not an unanticipated move. That doesn’t mean it’s not disappointing though.

–jeremy

Microsoft to Submit Shared Source Licenses to OSI

From a Radar post:

In his keynote at OSCON, Microsoft General Manager of Platform Strategy Bill Hilf announced that Microsoft is submitting its shared source licenses to the Open Source Initiative. This is a huge, long-awaited move. It will be earthshaking for both Microsoft and for the open source community if the licenses are in fact certified as open source licenses. Microsoft has been releasing a lot of software as shared source (nearly 650 projects, according to Bill). If this is suddenly certified as true open source software, it will be a lot harder to draw a bright line between Microsoft and the open source community.

Bill also announced that Microsoft has created a new top level link at microsoft.com, microsoft.com/opensource to bring together in one place all Microsoft’s open source efforts. Bill sees this as the culmination of a long process of making open source a legitimate part of Microsoft’s strategy. Open source has survived Microsoft’s process of “software darwinism” and is becoming an ever more important part of its thinking.

To expand on the announcement, it’s the Microsoft Permissive License (Ms-PL) and the Microsoft Community License (Ms-CL) that will be submitted, as the other Microsoft shared source licenses are fairly closed. I vaguely remember the FSF saying that these two licenses appeared to satisfy the four freedoms, so it’s at least a possibility that they will be approved by the OSI. So, what does this all mean? I’m still digesting it myself. It would seem that at least part of Microsoft is willing to accept the importance of Open Source in the future of software. It also means that at least parts are willing to join the conversation in a legitimate way. By going to the OSI for approval, Microsoft can no longer point at Open Source and say it’s cancer or will eat babies. I’m sure it took a lot of work internally to get this accomplished. Kudos for the effort. Will it matter? That remains to be seen. If they continue spreading patent FUD, then moves like this have far less impact than they otherwise would. It’s impossible to trust a company, even one that uses an OSI-approved license, when the other hand is doing many harmful things. It also remains to be seen how some developers will react if these get approved. Will either license get any usage outside of Redmond? If they don’t, then what’s the point of yet another Open Source license? More questions than answers in my mind right now, but this will be really interesting to watch play out. Stay tuned.

–jeremy

Microsoft development still broken, but they seem to be learning

Some recent information released by Microsoft seems to indicate that the Windows development model is still badly broke, and will be for some time, but will likely become less broken in the future. From the article:

Microsoft is planning to ship its next major version of Windows–known internally as version “7”–within roughly three years, CNET News.com has learned.

The company discussed Windows 7 on Thursday at a conference for its field sales force in Orlando, Fla., according to sources close to the company.

While the company provided few details, Windows 7, the next client version of the operating system, will be among the steps taken by Microsoft to establish a more predictable release schedule, according to sources. The company plans a more “iterative” process of information disclosure to business customers and partners, sources said.

“Microsoft is scoping Windows 7 development to a three-year time frame, and then the specific release date will ultimately be determined by meeting the quality bar,” according to the representative.

I’d have thought that Vista would have been proof that spending huge amounts of time to develop a huge product release is no longer the way to go. The fact that they will begin “a more iterative process” after the next release seems like an indication that they see the error of their ways, but that Vista just isn’t a good enough base to start from. After over five years of development, that seems a little odd. It’s also interesting to see that they are considering a subscription model, which is one of the most popular Open Source business models. Looks like Linux has quite a bit of time to iteratively improve until the next major Windows release. That’s a great thing for us, although I have to admit I’m a bit surprised.

–jeremy

Microsoft to its hosting partners: Get ready. Here we come

From a recent Mary Jo Foley blog post:

At its Worldwide Partner Conference in Denver this week, Microsoft officials are trying to walk the tightrope when it comes to explaining Microsoft’s plan to get into the managed services business in a major way.

Microsoft officials have made no bones about the fact that Microsoft is planning to offer a Microsoft-hosted version of services around all of its major products. Already, it’s out there selling desktop-management, Exchange, SharePoint, CRM Live and other managed services.

At its gathering of 12,000 partners, company officials are attempting to assuage fears that Microsoft will simply steamroll partners who already are selling hosted Microsoft services.

Microsoft’s message: Partners need to change. (The unwritten part: Or get the heck out of the way.)

Some hosting partners are counting on Microsoft targeting only the largest customers and leaving them the mid- and smaller-sized businesses. If history is any indicator, however, Microsoft won’t limit itself.

Will hosting partners buy into Microsoft’s messaging? Or will Microsoft’s managed-services rollout be the straw that breaks the camel’s back?

This is interesting for a couple reasons. The first is that it should serve as a reminder that Microsoft has historically been a good partner only as long as the relationship is beneficial to them. Sure, when things are going well it seems like a fantastic setup. After all, you have an industry behemoth behind you. That’s the funny thing about being taken under the wing of a dragon: it’s warmer than you think. The problem is, when that dragon gets hungry, it’s often the cozy partners that end up burnt. I keep hoping the Microsoft will change. I want them to – I think we all do. I think they will, in fact… it will just take time. This should still serve as a warning to other partners and potential partners.

Now, while this move is not good for current hosting partners, who may join the crispy remains of some previous partners, I think this may be the beginning of a new push for Microsoft. One that potentially leads to Open Source. You see, once Microsoft groks that when you are continually providing value via services (as opposed to providing lock-in as they currently do) that customers actually want to pay you, it could lead to the fundamental paradigm shift that will be needed to change the company culture. I still maintain that can’t happen with the current leadership, but this move could be the real beginning of the shift. A stretch? possibly. A chance? Most definitely.

–jeremy

Red Hat CEO Says He Talked Patents with Microsoft III

A quick final follow up on this post (for those of you who still have a little doubt). From eWeek:

Microsoft and Red Hat are no closer to a deal involving intellectual property cooperation, Microsoft has confirmed.

“Red Hat and Microsoft have previously had conversations about interoperability, but none of our recent conversations have included discussions about intellectual property cooperation,” Horacio Gutierrez, Microsoft’s vice president of intellectual property and licensing, told eWEEK.

This effectively puts to rest—for now—the speculation that the rival operating system vendors might actually be talking about a deal that includes some kind of intellectual property provision and/or patent covenant.

Enterprise customers, however, have a great deal of interest in seeing the two companies work together because of their investments in both sets of technologies. Bob Muglia, Microsoft’s senior vice president for server and tools, admitted that interoperability and support for major Linux distributions have come up repeatedly at the company’s Interoperability Executive Customer Council.

“Our message [from customers] was really very simple: ‘Go and talk to Red Hat because we very much would like to [work with both systems],'” he said.

Both companies say they hear their customers, but remain camped on opposite sides of the argument.

Paul Cormier, Red Hat’s executive vice president of engineering, told eWEEK that the company is still willing to work with the Redmond, Wash., software maker on the interoperability front, but that it wants to limit those talks to pure interoperability between Windows and Red Hat Linux, with the goal of solving real customer problems.

But Microsoft’s official position is that interoperability and intellectual property are not completely separate issues and have to be considered together.

Gutierrez emphasized that Microsoft remains “open to exploring a deeper collaboration with Red Hat that includes intellectual property cooperation for the benefit of our mutual customers.”

But while Microsoft is committed to building bridges with the open-source community, “collaboration on interoperability and intellectual property are important foundations for those bridges,” Gutierrez said.

That approach will not work for Red Hat; Cormier’s position has been, “I want to talk to the folks at Microsoft about our two operating systems and how we can work together to solve real customer problems without attaching any unrelated strings, such as intellectual property.”

Cormier also ruled out any possibility of Red Hat doing a deal with Microsoft like the controversial patent agreement and covenant not to sue that Microsoft penned with Novell last year, especially after viewing the limited information that is publicly available on that deal.

That’s a pretty definitive answer. Whether Microsoft will concede and work with Red Hat on interoperability without the IP strings remain to be seen. It’s clear that Microsoft customers want this, however. Kudos to Red Hat for holding their ground.

–jeremy

Comes vs Microsoft Petition Shows How Microsoft Blocked Linux Sales

Some people wonder why OEM Linux preloads like this didn’t happen sooner. Don’t forget that a couple companies did make small attempts, but were smacked down (PDF warning) by Microsoft:

Microsoft’s Predatory Response to GNU/Linux

142. GNU/Linux is an “open source” operating system that runs on Intel-compatible PCs. Microsoft has targeted the competing operating system by pressuring Intel, as well as various major OEMs such as Dell and Compaq, to boycott Linux. In late 2000, for instance, Microsoft executive Joachim Kempin described his plan of retaliation and coercion to shut down competition from Linux: “I am thinking of hitting the OEM harder than in the past with anti-Linux actions” and will “further try to restrict source code deliveries where possible and be less
gracious when interpreting agreements – again without being obvious about it,” continuing “this will be a delicate dance.”

143. LindowsOS (now known as Linspire), which is developed and marketed by Lindows.eom, Inc., is an Intel-compatible PC operating system based on Linux and which competes directly with Microsoft on the. PC desktop. On information and belief, Microsoft interfered with Lindows.com, Inc.’s ability to distribute its product through the OEM channel. Microsoft also initiated a lawsuit against Lindows.com, Inc. that adversely affected
Lindows.com, Inc.’s ability to exist, obtain; funding and conduct business.

Microsoft’s Anticompetltive Agreements With OEMs To Foreclose Competition

144. Microsoft Chairman and former CEO, Bill Gates, reportedly summarized the effects of the DOJ’s 1995 consent decree–which banned “per processor” licenses, among other exclusionary licensing terms as “nothing.” Microsoft was able to devise other restrictive OEM agreements to foreclose competition in the OEM channel, notwithstanding the consent decree

145. A “per system” license was the practical equivalent of the “per processor” license. Under the “per system” license, the OEM had to pay royalties to Microsoft for every computer of a particular “model” or “system” that it shipped–again, as with the “per processor” contracts, regardless of whether the PC contained Microsoft’s operating system. Microsoft defined “system” and “model” so broadly in its contracts that virtually all of an OEM’s production was subject to Microsoft’s “double tax” if the OEM wanted to give the consumer a choice of operating systems. Microsoft did not agree to give up its “per system” licenses in the 1995 consent decree, even though the Department of Justice warned the federal district court that “per system licenses, if not properly fenced in, could be used by Microsoft to accomplish anticompetitive ends similar to ’per processor’ licenses”–and in fact were.

146. Another way that Microsoft found to circumvent the federal court’s 1995 injunction forbidding its use of “minimum commitment/per processor” licenses was what Microsoft calls its “Market Development Agreements” (“MDAs”). Microsoft contrived the MDA as a device to evade the Court’s decree prohibiting Microsoft from requiring OEMs to adhere to “minimum commitments.” As Steve Ballmer (Microsoft’s current CEO) acknowledged: “We have always given better prices to customers who work with us to make the market. Those used to take the form of commits [i.e., minimum commitments] which we do not do anymore as a result of the [federal court’s] decree but we still believe in rewarding people who help us create demand. Hence the iMDA.” Under the MDAs, Microsoft granted large discriminatory price concessions to those OEMs that would agree to market and promote Microsofl’s Windows to the exclusion of any rival operating system. These discounts were calibrated so as to force the OEM to sell most of its computers with a Microsoft operating system in order to obtain the lowest price.

147. Because the OEM market is so competitive and profit margins are so thin, every OEM had to get the lowest price it could :from Microsoft in order to survive. In March 2002, a Gateway marketing executive (Anthony Fama) testified before Judge Kollar-Kotelly in State of New York et al. v. Microsoft, Case No. 98-1233 (CKK), about how Microsoft used its MDA program in order to force OEMs to market Microsot~’s operating system exclusively: “Given the substantial nature of these discounts, participation in the MDA, as a practical matter, is not optional. In other words, not receiving :these discounts would put Gateway at a substantial competitive disadvantage, and Gateway has communicated that self-evident proposition to Microsoft.” Microsoft also used its MDAs to lock OEMs in and competitors out by offering a discriminatory price to the OEM in a later year provided (a) the OEM reached Microsoft’s imposed goal of Windows sales over competitive sales in the prior year and (b) renewed its exclusionary contract with Microsoft for ,the later year. This placed the OEM on a perpetual treadmill, eliminating competition indefinitely. Microsoft continued these exclusionary terms at least past April 2002.

148. One method for encouraging competition in the operating systems market would have been the sale by OEMs of “naked machines” (i.e., computers that are sold without a predetermined suite of software forced upon the consumer). “Naked machines” would allow consumers to choose their computer’s software configuration from an array of competitive software products, either for preinstallation by the OEM or installation by the end user. Microsoft sought and obtained the agreement of the OEMs to refrain from selling “naked machines.” Instead, OEMs universally agree to “bundle” Microsoft applications and operating systems with their computer hardware, effectively depriving consumers of any competitive choices. These restrictive agreements exited before 2000 but, in 2000, Microsoft ratcheted the restriction up so that OEMs are forced to forfeit all discounts otherwise earned if they ship any “naked machines” to consumers. This heightened restriction, which (on information and belief) continues to the present, prohibits PC users and PC retailers from buying and installing lower priced or better quality operating systems of their choice.

It’s great to see that the grip on the industry is no longer as tight and companies are a bit more free to do what they feel is in the best interest of themselves and their customers. We’ve got a long way to go, but we’re making steady progress.

–jeremy

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

Microsoft Statement About GPLv3

A quick follow up on my previous GPLv3 coverage. Here’s the official Microsoft statement:

Microsoft is not 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.

While there have been some claims that Microsoft’s distribution of certificates for Novell support services, under our interoperability collaboration with Novell, constitutes acceptance of the GPLv3 license, we do not believe that such claims have a valid legal basis under contract, intellectual property, or any other law. In fact, we do not believe that Microsoft needs a license under GPL to carry out any aspect of its collaboration with Novell, including its distribution of support certificates, even if Novell chooses to distribute GPLv3 code in the future. Furthermore, Microsoft does not grant any implied or express patent rights under or as a result of GPLv3, and GPLv3 licensors have no authority to represent or bind Microsoft in any way.

At this point in time, in order 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 relating to any code licensed under GPLv3. We will closely study the situation and decide whether to expand the scope of the certificates in the future.

It’s obvious why Microsoft wouldn’t want to be a party to the GPLv3, so their official position is not at all surprising. I’m not sure how Novell is going to handle the fact that a certificate that Microsoft gives out does not include support or even updates for GPLv3 software, though.

–jeremy