The
Software
Freedom Law Center (SFLC) has dismissed
Microsoft's
patent
pledge to open source developers as "meaningless" and warned that it could
provide a false sense of security.
The SFLC provides legal services to the open source community and is funded
in part by the
Open
Source Development Labs as well as public donations. The organisation posted
an
analysis
of Microsoft's pledge on its website.
"A careful examination of Microsoft's Patent Pledge for Non-compensated
Developers reveals that it has little value," concluded Bradley Kuhn, chief
technology officer at the SFLC.
Microsoft and
Novell
signed a partnership earlier this month to
collaborate
on Linux-Windows interoperability, and provide legal indemnification to
users of Novell's SuSE Linux distribution.
The agreement also included a patent pledge from Microsoft to individual open
source developers.
But Kuhn argued that this pledge has very little practical value to the
overall open source community, as it applies only to individual developers,
excluding users from the patent umbrella.
While developers received a guarantee that Microsoft will not enforce its
patent portfolio against them, the company can still go after individual users
of the open source applications that the developers created.
"The pledge applies precariously to developers who work in a vacuum: those
who write original software in their spare time, receive no payment for it, and
do not distribute it to anyone under the General Public Licence," wrote Kuhn.
Microsoft has also added a "poison pill clause" to the pledge, allowing the
company to retract its patent pledge at any time.
"Even if the patent pledge were to have some use aside from these problems,
our community simply could not rely on it," said Kuhn.
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