From Microsoft press conference announcing “new interoperability
principles” last week:
http://www.microsoft.com/presspass/press/2008/feb08/02-21ConCallTranscript.mspx
BRAD SMITH: This is Brad Smith. I'd offer a couple of thoughts. First,
we're not announcing any change today with respect to our broader
perspectives on intellectual property rights, whether it's patents,
copyrights, or trade secrets. But, what we are announcing today with
respect to interoperability and this particular technology is, I
believe, quite important, with respect to intellectual property
rights. And specifically, we are carving out a portion of our patent
rights and providing a covenant to open source distributors that I
believe conveys very strongly that open source developers do not need
to worry about addressing these particular patent rights. I think
there are two things in particular to keep in mind with respect to this.
First is the scope of the patent rights that are affected. What this
addresses is the patent rights relating to our implementations of our
specifications of our communications protocols. So, in effect, this is
technology, and a set of IP rights, that people have said is very
important for interoperability, and we are addressing this in a broad
and new way.
Second, and I think that this is also worth putting into perspective,
just as we did last October when we hammered out the final details of
our compliance with the European Commission's 2004 decision, there's a
clear distinction here between people who are developing open source
software and engaging in non-commercial distribution on the one hand,
and people who are engaging in commercial distribution and use on the
other hand. With respect to the former, meaning developers and those
engaged in noncommercial distribution, this new covenant not to sue,
with respect to patent rights, is applicable.
On the other hand, with respect to companies that are engaged in
commercial distribution, or use internally, there is a need to obtain
a patent license where there are applicable patent rights, and we're
committing to make these patent licenses readily available. Novell
already has an agreement with us that covers all of these patent
rights. Some other companies, such as Xandros and others, also have a
patent license. So they've already addressed all of that, and their
users are already addressed. With respect to other distributors, and
users, the clear message is that patent licenses will be freely
available.
STEVE BALLMER: Patents will be, not freely, will be available.
BRAD SMITH: Readily available.
STEVE BALLMER: Readily available for the right fee.
Translation: "Bend over, RedHat..."
See also this hairball. Does anyone wish to attempt to decode what
he's said here:
STEVE BALLMER: We are continuing to pursue the standardization of Open
XML through the ISO process. It's certainly consistent with the notion
of standards, and standards support, and a number of things
articulated in the principles. We will, from time to time, in
conjunction with industry participants, look to lead the
standardization process, and sometimes we will look to be on the
receiving end implementing important standards, and the principles
comment is to both of those. So, yes, we are continuing through the
standardization process with a variety of industry participants on
Open XML._______________________________________________
[email protected] mailing list
http://lists.hosef.org/cgi-bin/mailman/listinfo/luau
