As a budding software developer, I find this copyright and intellectual property
topic increasingly tragic. Where does it end? Who doesn't copy ideas? Didn't
Microsoft develop Windows 3.1 by borrowing the GUI idea from Apple ( and
subsequently squashing them). Now they want to protect themselves from what 
they did
to others. Or perhaps they want to continue to squash any other alternative to 
them
( or better put "Resistance is futile"

It might seem okay to
protect ones self from being plagarised but  where  is the line that stops
it going into  the rediculous (if it hasn't already). I bet in 20yrs time
my  high school teacher will be able to sue me for using an idea he/she taught
me. It is just getting stupid!!!!

With governments continually allowing
these parasites to squash invention (and making Australia even more the slave 
of the
US and its Corporate feudalism) we will fast become a nation of consumers that 
can
do  nothing  but sell off resources to support our need to obey
advertisers and consume.

It is a bit like that line of that movie
"in space no one can hear you scream" To me, that is how it seems to be
becoming for those who want to make a career out of software developement

I appologise if this seems like some esoteric eccentric rant. but I just had to
contribute something


Regards
Phill O'Flynn


PS I am NOT anti american but there are certain aspects of their culture
(like encouraging of unrestrained greed) that the rest of the world is better 
off
without


--------------------------------- Original Message
---------------------------------
Subject: Re: [SLUG] Novell and Microsoft
From:    "Lindsay Holmwood" <[EMAIL PROTECTED]>
Date:   
Tue, November 7, 2006 2:24 pm
To:      "SLUG List"
<slug@slug.org.au>
------------------------------------------------------------------------------------

On Tue, Nov 07, 2006 at 10:29:21AM +1100, James Dumay wrote:
>
> The Novell/MS should really mean nothing to developers who respect
>
intellectual property of Microsoft - Microsoft and Novell under the deal
>
(and any Novell customer) are able to share each others respective
>
intellectual property and allow external developers to extend and contribute
> to those projects.
>

Sure, the world is rosier for Novell
customers and non-commercial
developers, but for the rest of us it's
significantly murkier.

Microsoft have effectively asserted rights over
the creation of software 
by positioning themselves (with Novell) as arbiters
of our community.

(Note I said software, not FOSS. It has much broader
implications than
that, though FOSS is the obvious target.)

They
only have to say that a project *may* be infringing on their
patents and
businesses will have to reconsider whether they can use it
under threat of
licencing - a SCO redux. 

Granted, this is little different from before,
though now the battle
lines are drawn a lot more clearly. 

Now that
this precedent has been set, Microsoft's strategy is pretty 
straight
forward:

Pick a few high profile projects (Mono, Samba, OpenOffice), sue
their 
biggest commercial users for using "non-Microsoft licenced"
software 
that *may* infringe on their patents, watch as customers flock to 
Microsoft and Novell seeking indemnity. 

If Microsoft deems your
software to be "unlicenced", how are you going to
fight it? You
*know* you probably have a legal leg to stand on with GPL 
(if the software is
licenced that way), but how would you as a company 
fund the fight against the
Microsoft behemoth if they ever took you to 
court? 

Red Hat call it
an innovation tax, and that's exactly what it is.

> People crying
about the entire community not getting covered simply don't
> get it... You
can be sued now and you could be sued before the deal if you
> infringe on
someones intellectual property and in some cases, rightly so.
> 

If you are a non-commercial contributor, you are safe. If you are a
commercial contributor, you are not. I don't know about the percentages,
but
i'd say the split in numbers between the two groups is weighted
towards
commercial contributors.

For Microsoft it's never been about the
non-commercial contributor. They
don't see the backyard tinkerer as a
threat.

This deal strikes right at the heart of FOSS in commercial
environments. 

> Novell are not handing the keys out to anyones
castles, as GPL'd and
> similarly licensed software will stay open and free
- Novell can't give this
> away on their own terms.
> 

It's quite true they don't have the right to relicence the software they 
don't hold the copyright of. They *have* flagged companies who contribute 
to
and use FOSS as potential patent violators through their actions. 

>
Also take in the fact that the deal is very much product differentiation for
> Novell - offering security in the knowledge that Microsoft will not come
for
> their first born son any time soon.
> 

And what a
big product differentiator that is. 

As a non-Novell customer, i'd like
to keep my first born. 

Lindsay

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