Doubts raised over Microsoft GPL release

Microsoft appears to have been forced to release code for violations of the GPL

Microsoft's first foray into releasing open-source code might not have been quite as altruistic as it first made out.

The company released its first code under the open source General Public Licence (GPL) version 2.0 earlier this week. The code was for Windows Server 2008 Hyper-V or Windows Server 2008 R2 Hyper-V.

Microsoft made much of the fact that it is active in the open-source community, but it now appears that it was forced to release the code for previous violations of the GPL.

Stephen Hemminger, an engineer with open-source network vendor Vyatta, said in a blog post that the move was a response to a violation of the terms of the GPL. Microsoft had been using GPL technology in its Hyper-V network drivers.

"This saga started when one of the users on the Vyatta forum inquired about supporting Hyper-V network drivers in the Vyatta kernel," he wrote.

"A little Googling found the necessary drivers, but on closer examination there was a problem. The driver had both open-source components which were under GPL, and statically linked to several binary parts. The GPL does not permit mixing of closed and open source parts, so this was an obvious violation of the licence."

Hemminger said that he contacted a counterpart at Novell who was working with Microsoft to rectify the situation without causing a fuss. The Novell employee, Greg Kroah-Hartman, appeared to confirm that Microsoft was forced to open its code in his blog.

If true, the revelation will be a serious embarrassment to Microsoft, given the company's previous public statements. A request for information to Microsoft was not returned at the time of going to press.