Re: New covenant published

2009-12-24 Thread Bruno Wolff III
On Wed, Dec 23, 2009 at 15:14:40 -0600,
  Sir Gallantmon ngomp...@gmail.com wrote:
 Then I guess we shouldn't have AJAX either, since Microsoft developed one of
 the core technologies behind AJAX.

And for the running foreign code on your machine adds extra risk above
just running a complicated beast like a graphical web browser.

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New covenant published (was: Re: moonlight and the new covenant)

2009-12-23 Thread Alex Hudson

On 19/12/09 11:03, Alex Hudson wrote:

The covenant is published as far as I can see here:




No, that's the previous one which was not good enough.

The new one is not yet published.


Correction: it's now published here -

http://www.microsoft.com/interop/msnovellcollab/newmoonlight.mspx

To my untrained eye, it seems to cover Moonlight fully, the termination 
clause doesn't work retroactively, it includes coverage for the Mono 
portions and it seems to apply for everyone - hopefully this is a good 
thing. It seems to remove previous objections about Novell-only-ness.


Thanks

Alex.

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Re: New covenant published (was: Re: moonlight and the new covenant)

2009-12-23 Thread Kevin Kofler
Alex Hudson wrote:
 Correction: it's now published here -
 
  http://www.microsoft.com/interop/msnovellcollab/newmoonlight.mspx
 
 To my untrained eye, it seems to cover Moonlight fully, the termination
 clause doesn't work retroactively, it includes coverage for the Mono
 portions and it seems to apply for everyone - hopefully this is a good
 thing. It seems to remove previous objections about Novell-only-ness.

This is still non-Free:
 Microsoft, on behalf of itself and its Subsidiaries, hereby covenants not
 to sue End Users for infringement under Necessary Claims of Microsoft and
 its Subsidiaries on account of such End Users’ use of Moonlight
 Implementations to the extent originally provided by Novell during the
 Term and, if applicable, the Extension or Post-Extension Period, but only
 to the extent such Moonlight Implementations are used as Conforming
 Runtimes.
[...]
 “Conforming Runtime” means plug-in or other runtime functionality hosted
 by a Conforming Host for receiving and rendering, wholly within such
 Conforming Host, media and interactive applications compatible with
 Silverlight 3 or Silverlight 4.
[...]
 “Moonlight Implementation” means only those specific portions of Moonlight
 3 or Moonlight 4 that run only as Conforming Runtimes within a Conforming
 Host on a Personal Computer and are not licensed under GPLv3 or a Similar
 License.

This appears to be a classical The license only applies if you comply to 
our standard restriction, which is non-Free because it doesn't allow using 
the code for a different purpose (nor to extend the standard, which is kinda 
ironic coming from a company which keeps extending everyone ELSE's standards 
with proprietary extensions).

As the patent license is non-Free, Moonlight still has to be considered non-
Free wherever software patents apply. So as far as I can tell, this is not 
acceptable for Fedora, sorry. (But of course spot and/or RH Legal will have 
the final word.)

Kevin Kofler

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Re: New covenant published

2009-12-23 Thread Tom spot Callaway
On 12/23/2009 01:38 PM, Kevin Kofler wrote:
 As the patent license is non-Free, Moonlight still has to be considered non-
 Free wherever software patents apply. So as far as I can tell, this is not 
 acceptable for Fedora, sorry. (But of course spot and/or RH Legal will have 
 the final word.)

Well, patent licenses don't necessarily have to be Free, not at least in
the way that we think of copyright licenses.

With that said, this new covenant does NOT change our stance on
Moonlight. It is still not permissible in Fedora.

~spot

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Re: New covenant published

2009-12-23 Thread Tom spot Callaway
On 12/23/2009 01:56 PM, Alex Hudson wrote:
 On 23/12/09 18:46, Tom spot Callaway wrote:
 With that said, this new covenant does NOT change our stance on
 Moonlight. It is still not permissible in Fedora.

 
 Can I ask on what grounds? Is the patent license insufficient, or is
 there some other problem?
 
 It's difficult to fix things if we don't know what's broken.

The most obvious issue is that it does not cover Distributors besides
Novell.

~spot

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Re: New covenant published

2009-12-23 Thread Alex Hudson

On 23/12/09 18:58, Tom spot Callaway wrote:

On 12/23/2009 01:56 PM, Alex Hudson wrote:
   

Can I ask on what grounds? Is the patent license insufficient, or is
there some other problem?

It's difficult to fix things if we don't know what's broken.
 

The most obvious issue is that it does not cover Distributors besides
Novell.
   


I thought that was the whole reason a new covenant has been issued, so 
that people other than Novell could distribute it. Looking over it, I 
don't really see where any distinction between Novell and anyone else is 
made.


It would be useful to have some response from legal people about the 
exact issues which remain. It seems to me highly unlikely that problems 
are going to be resolved unless the problems are made clear; and the 
movement on this issue appears to be in the right direction.


I realise a number of people don't care for Mono-related technologies, 
but it would be sad to see Fedora left out in the cold for this stuff.


Cheers

Alex.

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Re: New covenant published

2009-12-23 Thread Tom spot Callaway
On 12/23/2009 02:10 PM, Alex Hudson wrote:
 On 23/12/09 18:58, Tom spot Callaway wrote:
 On 12/23/2009 01:56 PM, Alex Hudson wrote:
   
 Can I ask on what grounds? Is the patent license insufficient, or is
 there some other problem?

 It's difficult to fix things if we don't know what's broken.
  
 The most obvious issue is that it does not cover Distributors besides
 Novell.

 
 I thought that was the whole reason a new covenant has been issued, so
 that people other than Novell could distribute it. Looking over it, I
 don't really see where any distinction between Novell and anyone else is
 made.

The new covenant is specifically worded to apply only to end-users,
and makes the following noteworthy distinction:

an entity or individual cannot qualify both as an End User and a
Distributor for use of the same copy of a Moonlight Implementation.

It grants no patent rights to Distributors, aside from those already
granted to Novell in the previous covenant. What it practically means is
that once you distribute, you stop being considered an End User by
Microsoft, and are no longer protected by this covenant (unless you're
Novell or Microsoft).

 It would be useful to have some response from legal people about the
 exact issues which remain. It seems to me highly unlikely that problems
 are going to be resolved unless the problems are made clear; and the
 movement on this issue appears to be in the right direction.

It is very very unlikely (I'll go so far as to say impossible) for any
Red Hat Legal people to discuss this issue in unprivileged forums.
Lawyers rarely like going on the record, especially when patent concerns
are involved, because any statements that they make in public could be
used later to reflect varying degrees of intent in a patent trial,
triggering possible issues such as treble damages.

I would encourage interested parties to review Rob Tiller's slides from
SCALE 7x, to gain a better understanding of the complexities and risks
around software patents:

http://www.socallinuxexpo.org/scale7x/conference-info/speakers/rob-tiller
http://www.socallinuxexpo.org/scale7x-audio/Saturday/TrackA/Talk%235RobTiller.mp3

(Yes, the irony of a talk on software patents being offered in MP3
format is not lost on me.)

If Microsoft was serious about encouraging adoption of the
Silverlight/Moonlight technology in FOSS, they would do so with an
unrestricted patent grant for all end-users and distributors for code
under any FOSS license (not just some).

They are clearly unwilling to do that.

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Re: New covenant published

2009-12-23 Thread Rahul Sundaram
On 12/24/2009 12:52 AM, Tom spot Callaway wrote:

 
 It grants no patent rights to Distributors, aside from those already
 granted to Novell in the previous covenant. What it practically means is
 that once you distribute, you stop being considered an End User by
 Microsoft, and are no longer protected by this covenant (unless you're
 Novell or Microsoft).

This means, when you copy SUSE CD and give it a friend, you are not
covered under this covenant either? That's... interesting.

Rahul

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Re: New covenant published

2009-12-23 Thread Michael Cronenworth

Tom spot Callaway wrote:

(Yes, the irony of a talk on software patents being offered in MP3
format is not lost on me.)



Just think... one more year... one more year...

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Re: New covenant published

2009-12-23 Thread Chris Adams
Once upon a time, Michael Cronenworth m...@cchtml.com said:
 Tom spot Callaway wrote:
 (Yes, the irony of a talk on software patents being offered in MP3
 format is not lost on me.)
 
 Just think... one more year... one more year...

It doesn't look like that is the case:

http://en.wikipedia.org/wiki/Mp3#Licensing_and_patent_issues
http://en.wikipedia.org/wiki/Talk:MP3#Patents

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Re: New covenant published

2009-12-23 Thread Sir Gallantmon
On Wed, Dec 23, 2009 at 3:00 PM, Alan Milnes a...@linux.com wrote:

 2009/12/23 Alex Hudson fed...@alexhudson.com:

  I realise a number of people don't care for Mono-related technologies,
 but
  it would be sad to see Fedora left out in the cold for this stuff.

 Actually it makes me very *happy* to have a distro untainted by this stuff.

 Never forget their MO:-  Embrace - Extend - Extinguish

 Alan

 All thoughts are my own


Then I guess we shouldn't have AJAX either, since Microsoft developed one of
the core technologies behind AJAX.

Their MO may be Embrace, Extend, Extinguish, but they are not in a landscape
where they can do that without severe backlash. We get angry a lot over
Linux FUD, but that doesn't mean you are given the right to spread FUD
against Microsoft too.

Mono is based on an open standard, a standard that is being updated
periodically too. The parts that aren't part of the standard can easily be
placed in separate packages and not installed, if you are really concerned
about it.
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