Over at Slashdot is the story of how Microsoft has a user license for is Microsoft Mobile Internet Toolkit SDK that restricts mixing that code with Open Source code, even in just using some tools in developing with the SDK. One of the licenses mentioned as software that cannot be distributed with their software is the Artistic License, along with the GPL and others.
What does this mean for Perl, if anything? Does it restrict ActiveState from writing Perl interfaces to the software?
I think you've missunderstood
wickline on 2001-06-21T21:40:54
<sarcasm>
You see, it's the open source software that restricts what you can and can't do with your source. Remembmer: "GPL is Bad". So, the only potential problem with this licensing scheme is for folks with GPL and Artisitic licenses. If they didn't have those anti-IP licenses they wouldn't be in that pickle, now would they?
The proper solution is for perl to move away from these anit-IP licenses. Future releases of perl should be closed source. Usage should be subscription based with fees going to the pumpking (to be distributed among p5p at his discression). Neither source nor binary may be modified, distributed, or included in any other projects. CPAN should institute a micropayment system, where downloads will result in proper payment to authors. Modules will need to be re-downloaded periodically to ensure that licenses are kept current.
Perl the tool and perl the culture will both be better for this change, and not only that, but perl will no longer have any conflict with the Mobile Internet Toolkit SDK terms. Everyone will be happy.
</sarcasm>
good sarcasm is best served w/ tirade for dessert
jinx+ on 2001-06-22T08:19:07
<preach target=choir,fenceriders,sans-serif style=../../../../../1792/>
when the preliminary anti-trust hearings/discussions were on in the congress and everyone was generally agreed that microsoft was an evil monopoly, someone asked for a show of hands of those who owned an operating system besides windows. none was raised in a room of several hundred representatives and various staff.
this was supposed to be proof of the monopoly. it was only proof of the idiocy and hypocrisy of the market that makes microsoft rich (instead of buying or finding alternative software--many of us have owned nothing but macs or *nix boxes for the last two decades) but condemns them for it.
microsoft's back is to the wall in some serious ways and they understand better than most of us. the anti-trust suit isn't a problem. they'll split if they must and get bigger and richer, just like at&t and the bells, and re-merge in 2023; if they're around. they might not be.
the web got out of control before they could get a stick in the spokes. bsd, linux, and cousins (and the human ability to use/love something more complex than an auto-turd of a gui) similarly came out of nowhere (if you mark redmond, wa as they do--the only "somewhere").
c++, perl, python, ruby, mysql, postgres, java, apache... and the response is vb.net, asp, and c#? it would be laughable if microsoft (and aol and others) hadn't already proven countless times that it *is* possible to sell second-rate, buggy, bloated, insecure, lowest-common-denominator, self-marketing floaters to americans (and by extension, the world). why won't this thing flush?
they've lost, for the next few years at least, the battle to franchise the www. they haven't lost the developers entirely, yet. most of the best software in the world is now free. they've gotta be peeing in their chinos.
_of_course_ they're going to seek ways to undermine or co-license anything opensource. look at redhat and activestate. anything good and free is a goldmine. if they get their skeevy fingers in the cracks (so to speak) they'll pry it all open, slowly but surely, till the time comes when you can't pay anyone to be a pumpking b/c they'll have options and a vp on their door down seattle way.
well, that might be raving paranoia but imagine if you could go back to 1975 and tell the kids at xparc what the next 20 years would bring them. would they soberly listen and respond, "my, god. you're right. we must take action!" or would they have tossed you out on your rear to look for a programming job in some town that hadn't heard of your madness, like albuquerque.
the solution? don't take microsoft to court; that's twice as weasely. just don't give them your money; that's a free choice. ride your info-tech managers at your workplace to go *nix (like you never have before, like a jihad, like a virgin). see through the propaganda and admit that a motorola chip at 500 megahertz *does* do all computations faster than an intel at 750; make others see. buy that dual g4 mac not just b/c it's moral but b/c it's a better computer and it's bsd under there.
do it while it's easy. every one of us that does makes it easier for the next.
anyway, too much coffee. forgive our neighbors typos as they forgive... oh, and while i'm on a crusade. it's gigabyte with a "J" sound. learn some latin why don't you?
</preach>
404 Error
gaudior on 2001-06-22T13:33:31
The referenced link is now 404.
Re:404 Error
pwk on 2001-06-22T22:49:42
Here is the text of the new EULA, run through Text::Autoformat.
So, is M$ going to come after me on a copyright violation?
================================================== ======
This is a legal agreement ("Agreement") between you (either an
individual or an entity), the end user ("Recipient"), and Microsoft
Corporation ("Microsoft"). BY INSTALLING, COPYING OR OTHERWISE USING
THE SOFTWARE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS
OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, DO NOT INSTALL, COPY OR USE THE SOFTWARE.
MICROSOFT CORPORATION LICENSE AGREEMENT FOR PRERELEASE SOFTWARE
Microsoft Mobile Internet Toolkit Beta 2 Accompanying this Agreement
is a prerelease copy of the Microsoft software identified above,
which includes software and related documentation and information
(collectively the "Software"). The Software is protected by
copyright laws and international copyright treaties, as well as
other intellectual property laws and treaties. The Software is
licensed, not sold.
1. GRANT OF LICENSE; RESTRICTIONS; ACKNOWLEDGEMENT. This Agreement
grants Recipient the following rights provided that Recipient
complies with all terms and conditions of this Agreement:
(a) License Grant for Internal Use; Applications. Microsoft grants
to Recipient a limited, non-exclusive, nontransferable,
royalty-free license to install and use unlimited copies of the
executable code of the Software on any number of CPUs residing
on Recipient's premises running validly licensed copies of both
Microsoft Windows 2000 and the Microsoft
.Net Framework (each a
server), solely (i) to test the compatibility of Recipient's
application or other product(s) which operate in conjunction
with the Software and to evaluate the Software for the purpose
of providing feedback thereon to Microsoft, and (ii) to develop
software applications ("Applications") for use in accordance
with Section 3 of this Agreement. All other rights are reserved
to Microsoft except as expressly provided herein.
(b) License to Device Adapter Code. In addition to the rights
granted in Section 1(a), Microsoft grants to Recipient the
right to use, copy and modify the source code version of those
portions of the Software identified as "Device Adapter Code"
("Device Adapter Code") for the sole purposes of designing,
developing, and testing Recipient's Applications, and to
reproduce and distribute the Device Adapter Code, along with
any modifications thereof, solely in object code form as a part
of Recipient's Applications in accordance with Section 3 of
this Agreement. In addition to the conditions set forth in
Section 3 of this Agreement, the foregoing license is subject
to the following conditions: (i) any modifications or
derivatives made by Recipient to the Device Adapter Code shall
only be used in conjunction with the Software; and (ii)
Recipient shall not distribute the Device Adapter Code, or any
portion thereof, on a stand-alone basis or otherwise permit
further distribution of the Device Adapter Code and/or
derivatives thereof by third parties.(c) Open Source. Recipient's license rights to the Software are
conditioned upon Recipient (i) not distributing such Software,
in whole or in part, in conjunction with Potentially Viral
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includes the Software, in whole or in part. For purposes of the
foregoing, "Potentially Viral Software" means software which is
licensed pursuant to terms that: (x) create, or purport to
create, obligations for Microsoft with respect to the Software
or (y) grant, or purport to grant, to any third party any rights
to or immunities under Microsoft's intellectual property or
proprietary rights in the Software. By way of example but not
limitation of the foregoing, Recipient shall not distribute the
Software, in whole or in part, in conjunction with any Publicly
Available Software. "Publicly Available Software" means each of
(i) any software that contains, or is derived in any manner (in
whole or in part) from, any software that is distributed as free
software, open source software
(c.a. Linux) or similar licensing or distribution models; and (ii)
any software that requires as a condition of use, modification
and/or distribution of such software that other software
distributed with such software (A) be disclosed or distributed
in source code form; (B) be licensed for the purpose of making
derivative works; or (C) be redistributable at no charge.
Publicly Available Software includes, without limitation,
software licensed or distributed under any of the following
licenses or distribution models, or licenses or distribution
models similar to any of the following: (A) GNU's General
Public License (GPL) or Lesser/Library GPL (LGPL), (B) The
Artistic License (e.g., PERL), (C) the Mozilla Public License,
(D) the Netscape Public License,
(d) the Sun Community Source License (SCSL), and (F) the Sun
Industry Standards License (SISL).
(e) ACKNOWLEDGEMENT. All other rights are reserved to Microsoft.
Recipient shall not rent, lease, sell, sublicense, assign, or
otherwise transfer any portion of the Software. Recipient may
not reverse engineer, decompile or disassemble any portion of
the Software, except and only to the extent that this limitation
is expressly prohibited by applicable law notwithstanding this
limitation.
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development work, Microsoft provides no assurance that any
specific errors or discrepancies in the Software will be
corrected. Recipient may not use the Software in a live
operating environment with data that has not been sufficiently
backed up.
3. APPROVED USES OF APPLICATIONS.(a) Except as provided in Subsection 3(b), Recipient may only use
Applications on an internal basis for non-production purposes
only and may not distribute or license the Applications to
third parties or make the Applications available for use by any
third party.
(b) Recipient may deploy and make Applications available for use by
third parties via the Internet provided that for the purposes
of such deployment, the Application is hosted by an Approved
Hoster. The list of Approved Hosters is available within the
Visual Studio.Net software product, on the Visual Studio.NET
Start page, in the Web Hosting Section. The Approved Hoster may
require a separate hosting agreement with the Recipient and
Microsoft disclaims all liability related to any agreements or
services provided by the Approved Hoster. In addition,
Recipient agrees (i) to promptly upgrade to and obtain a
license for the commercially released version of the Software
when it becomes generally available to the public; (ii) to
install all updates as "mandatory updates" by Microsoft within
2 business days of receipt of such updates (all updates
delivered to Recipient by Microsoft shall be subject to this
Agreement); (iii) that Recipient is solely responsible for
updating its customers with versions of Applications that
operate satisfactorily with the final commercially released
version of the Software; (iv) not to use Microsoft's name,
logo, or trademarks to market the Application, provided
however, that any Application that includes the Device Adapter
Code or any derivatives thereof must include a clear statement
indicating that such Application is based upon the Microsoft
Mobile Internet Toolkit; (v) to include a valid copyright
notice on the Applications in Recipient's name; (vi) to
indemnify and hold harmless Microsoft from and against any
claims or lawsuits, including attorneys' fees, that arise from
or result from the use or deployment of the Application; (vii)
to otherwise comply with the terms of this EULA; and
(c) that Microsoft reserves all rights not expressly granted.
4. TERM OF AGREEMENT. The term of this Agreement shall commence on
the date accepted by Recipient and shall continue until
terminated by Microsoft in writing at any time, with or without
cause. This Agreement will terminate without notice upon the
earlier of (i) commercial release of the Software or (ii) one
year after the last date Recipient receives the Software or any
Update thereto, unless terminated earlier by Microsoft. Upon the
termination of this Agreement (or upon request by Microsoft),
Recipient shall promptly return to Microsoft, or certify
destruction of, all full or partial copies of the Software
provided by Microsoft. The following Sections shall survive
termination or expiration of this Agreement: Sections 2, 7, 8,
9, 10 and 11.
5. COST OF TESTING. There is no charge to Recipient for testing of
the Software.
6. MAINTENANCE/UPDATES. Microsoft is not obligated to provide
maintenance, technical support or updates to Recipient for the
Software provided to Recipient pursuant to this Agreement or to
provide any support with respect to the Applications. However,
Microsoft may, in its sole discretion, provide further
pre-release versions, technical support, updates and/or
supplements of the Software and/or related information
("Updates") to Recipient hereunder, in which case such Updates
shall also be deemed to be included in the "Software" and
therefore governed by this Agreement, unless other terms of use
are provided by Microsoft with such Updates. In no event shall
Microsoft be obligated to provide Recipient a copy of the
commercial release version of the Software in connection with
Recipient's participation in the testing program. Microsoft is
not obligated to make the Software commercially available.
7. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual
property rights in and to the Software (including but not
limited to any images, photographs, animations, video, audio,
music, text and "applets" incorporated into the Software), and
any copies of the Software that Recipient is expressly permitted
to make herein, are owned by Microsoft or its suppliers. All
title and intellectual property rights in and to the content
that may be accessed through use of the Software are the
property of the respective content owner and may be protected by
applicable copyright or other intellectual property laws and
treaties. This Agreement grants Recipient no rights to use such
content. If the Software contains documentation that is provided
only in electronic form, Recipient may print one copy of such
electronic documentation. Recipient may not copy the printed
materials accompanying the Software. Microsoft reserves all
rights not expressly granted.
8. DISCLAIMER OF WARRANTIES. THE SOFTWARE IS DEEMED ACCEPTED BY
RECIPIENT. THE SOFTWARE CONTAINS PRE-RELEASE SOFTWARE AND MAY BE
CHANGED SUBSTANTIALLY BEFORE COMMERCIAL RELEASE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS
PROVIDE THE SOFTWARE AND ANY (IF ANY) SUPPORT SERVICES RELATED
TO THE SOFTWARE ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS,
AND HEREBY DISCLAIM WITH RESPECT TO THE SOFTWARE AND SUPPORT
SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED
OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY)
WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO:
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF
VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS,
WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO, THERE IS NO
WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET
POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR
NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING
OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ANY SUPPORT
SERVICES, REMAINS WITH RECIPIENT.
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DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL
OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER
INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF
PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF
REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER
LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE
OF OR INABILITY TO USE THE SOFTWARE OR SUPPORT SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR
OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS
AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF
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ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
RECIPIENT.
10. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY
DAMAGES THAT RECIPIENT MIGHT INCUR FOR ANY REASON WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND
ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF
MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS
AGREEMENT AND RECIPIENT'S EXCLUSIVE REMEDY FOR ALL OF THE
FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU
BASED ON REASONABLE RELIANCE UP TO THE LESSER OF THE AMOUNT
ACTUALLY PAID BY RECIPIENT FOR THE SOFTWARE OR FIVE DOLLARS
(US$5.00). THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS
(INCLUDING SECTIONS 8 AND 9 ABOVE) SHALL APPLY TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS
ESSENTIAL PURPOSE.
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shall be construed and controlled by the laws of the State of
Washington, and Recipient consents to exclusive jurisdiction
and venue in the federal courts sitting in King County,
Washington, unless no federal jurisdiction exists, in which
case Recipient consents to exclusive jurisdiction and venue in
the Superior Court of King County, Washington. Recipient waives
all defenses of lack of personal jurisdiction and forum
non-conveniens. Process may be served on either party in the
manner authorized by applicable law or court rule. If either
party employs attorneys to enforce any rights arising out of or
relating to this Agreement, the prevailing party shall be
entitled to recover its reasonable attorneys' fees, costs and
other expenses.
12. U.S. GOVERNMENT RIGHTS. All Software provided to the U.S.
Government pursuant to solicitations issued on or after December
1, 1995 is provided with the rights and restrictions described
elsewhere herein. All Software provided to the U.S. Government
pursuant to solicitations issued prior to December 1, 1995 is
provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR
52.227-14 (JUNE 1987) or DFAR, 48 CFR
13.227-7013 (OCT 1988), as applicable.
14. EXPORT RESTRICTIONS. Recipient acknowledges that Software is of
U.S. origin. Recipient agrees to comply with all applicable
international and national laws that apply to the Software,
including the U.S. Export Administration Regulations, as well as
end-user, end-use and destination restrictions issued by U.S.
and other governments. For additional information, see
.
15. NOTE ON JAVA SUPPORT. THE SOFTWARE MAY CONTAIN SUPPORT FOR
PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT
AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE
AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING
FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR
TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS
SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD
DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR
ENVIRONMENTAL DAMAGE. Sun Microsystems, Inc. has contractually
obligated Microsoft to make this disclaimer.
16. ENTIRE AGREEMENT. This Agreement constitutes the complete and
exclusive agreement between Microsoft and Recipient with respect
to the subject matter hereof, and supersedes all prior or
contemporaneous oral or written communications, proposals,
representations, understandings, or agreements not specifically
incorporated herein. This Agreement may not be amended except in
a writing duly signed by an authorized representative of
Microsoft and Recipient.
17. PARTIES BOUND. If Recipient is executing this Agreement on
behalf of an entity, then Recipient represents he/she has
authority to execute this Agreement on behalf of such entity and
agrees that the Software (and any copies thereof) shall remain
on the company premises, unless otherwise agreed to in writing
by Microsoft.
18. Should you have any questions concerning this Agreement, or if
you desire to contact Microsoft for any reason, please write
Microsoft Corporation, One Microsoft Way, Redmond WA 98052-6399.
Is it really new?
kevin on 2001-06-25T03:24:54
Is something like this really new?
If I write an app in Visual C++, and link it to the Microsoft Foundation Class library I can't redistribute the code in the MFC library.
Microsoft has a Knowledge Base article on this:
Q108192
Now as far as GPL being viral, if you want to see viral install an NT server on your network -- from that point forward everything that connects to it better be microsoft your you'll have to fight with it to get it to work.
kevin
Re:good sarcasm is best served w/ tirade for desse
vsergu on 2001-06-25T17:39:52
it's gigabyte with a "J" sound. learn some latin why don't you?
<pedantry>"Giga" comes from Greek, not Latin, and the pronunciation of Latin g before i depends on what era of Latin you're speaking anyway. You're right that it's "j" in ecclesiastical Latin, but real pedants use classical.</pedantry>
