It would be impractical, unreasonable, and probably frivolous for Microsoft
to make any legal attempt to consider the Web Messaging, or Web Calendaring
features anything but "web enabled" applications per the terms of the
License Agreement.  They would find no jury in the USA that would reasonably
consider otherwise, even if for some strange reason the actually took the
position that they were in fact in violation of the License Agreement (which
is not clear to start with).  As for IMAP, Finger, WhoIS, etc. first
Microsoft would have to take action against those that have added those
functions to Microsoft's own products or face additional charges of
discriminatory prosecution which I assure you they want no part of.  Again a
non-issue in real life terms.

This is an exercise in technicality and not reality.  If you want to dig
into the License Agreement of each and every software product you use you
will probably find that you violate all of them in one way or another.  In
this case Microsoft has provided to me information that Imail is an approved
application as I posted months ago.  Some here denied that, tried to be
lawyers, decided what the Licensing Agreement meant, etc. without the
slightest indication of understanding the legal concept of "design intent".

Did Microsoft intend for Windows Server 2003 Web Edition to be purchased and
ONLY be used with Microsoft brand web server, email server, FTP server, etc?
The answer is NO, because that is illegal.  You can replace IIS with Apache
or other web servers that are reasonable replacements for the Microsoft
product -- important note: Apache is NOT an IDENTICAL product to IIS and may
offer fewer, or even more features than IIS.  I can name a couple of
features that Apache offers that IIS does not, but nobody doubts that Apache
is an approved application.  Microsoft has included a rudimentary email
server in Windows Server 2003 Web Edition.  Yes you can replace that with a
competing product as long as it doesn't require the server to become a
Domain Controller.  We choose Imail.  Is Imail a reasonable replacement for
the built in email components?  I believe any reasonable person would say
"yes".  If you want to replace the FTP server why not use WS-FTP?  Microsoft
can't prevent you from using third party products to replace those
integrated in their operating systems per their agreement with the US
Government (read all 16,000 pages if you want).  The design intent is simple
and the answer is simple.

The reality is that if Microsoft were to try and enforce its License
Agreements to the letter, they could start filing lawsuits today and not
finish until we are all dead and buried even if they never sold another
piece of software.  The License Agreement in this case is unclear at best.
There is absolutely nothing in the License Agreement that would exclude
Imail as an approved application.  There are several indications that many
of the components of Imail are approved.

I have Imail installed and running on Windows Server 2003 Web Edition.  I
have no fear that Microsoft will come after me, and anyone that wants to
turn me in for a License Agreement violation can feel free to do so.

-Joe

----- Original Message ----- 
From: "John Tolmachoff (Lists)" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Friday, December 12, 2003 7:36 PM
Subject: [IMail Forum] Windows Server 2003 Web edition debate.


Fuel for the Windows Server 2003 Web edition debate.

After several hours of phone calls, dozens of e-mails and a number of faxes
over the last 2 weeks, here is the result of my conversations with a MS Gold
Certified partner and a senior MS licensing manager who contacted and
obtained a cursory review by a MS lawyer who stated that a company using Web
edition as outlined below "would be in the last group looked at of those
groups with other applications installed on Windows Server 2003 Web Edition
for violations and which any final determination of legality would almost
certainly have to be determined in a court of law":

1. No application can be installed on Web edition that will add
features/functions beyond what MS has included.
2. AV software to protect the server and information flowing to it and out
of it is allowed, as that is considered a part of securing the server.
3. Applications which enhance, but not extend, features included by MS are
allowed.

In relation to Imail and related add-ons and features, this is what was
concluded:

1. Imail can be installed.
2. Only connections allowed to Imail is SMTP and POP3. Those functions are
included by MS, and by installing Imail and using the SMTP and POP3 services
of Imail, you are providing an enhanced version of what MS supplied. IMAP4,
Web Messaging, Web Calendaring, Finger and WhoIS services can not be used,
as there is no supplied equivalent MS service on the server.
3. Only database that can be used is the Imail database. An external ODBC
database can not be used, as MS IIS POP3 users are local only. Yes, you can
use an external ODBC data source Web Edition, but not for the SMTP or POP3
services, as there is no matching way that is possible with the MS SMTP or
POP3 functions. Also, using an external ODBC data source would extend the
POP3 feature, not just enhance.
4. Imail AV can be installed and used as that is part of securing the server
and information flowing into and out of it.
5. Imail Anti-Spam can be used. In the IIS SMTP service, there is what is
called Event Sinks. These are VBS scripts that can scan and take action on
messages flowing through the SMTP service.
6. Declude Hi-Jack can be installed, as that is tracking IP addresses and
that is possible in the MS SMTP service through Event Sinks and the IIS
SMTPSVCx logs.
7. Declude Virus can be installed for the same reason in #5 above.
8. Declude JunkMail can be installed for the same reason in #6 above.

MY CONCLUSION:

If you are only using Imail for gateway service (Store and Forward) or only
allowing users to connect via POP3 AND only using the Imail database
(registry) then Imail is allowed and usable.

BTW, all 4 persons I talked to or were involved in this discussion made it
very clear their names were never to be mentioned. That was a solid
statement that came directly from the lawyer. Figures.

John Tolmachoff
Engineer/Consultant/Owner
eServices For You



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