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Halloween XII: What's really behind those Microsoft licenses?

By | October 31, 2007, 8:13am PDT

Summary: A look back at the Halloween Documents, scary movies, and open source.

The GrudgeLast night I stayed up late to watch a scary movie called The Grudge. It’s a remake of a Japanese film, set in Japan, with English actors including Sarah Michelle Geller. It’s not gory but it sure gave me the creeps. Tonight after all the trick-or-treating is done and the lights are turned down I plan on watching the sequel.

One unique thing about The Grudge is that the house is almost the main character. I don’t mean in an anthropomorphic way like Monster House, but the house is where it all started, and is the only constant throughout the years of the story. People come and go but the house remains. It doesn’t matter how many muscular boyfriends, police detectives, social workers, etc., you bring with you. If you enter the house, you’re doomed, period. You can try to move away or burn the house down but nothing works. The house, and all the emotions and baggage that comes with it, cling to you forever.

So what does this have to do with software development? In the last week of October 1998, a confidential Microsoft memo detailing their strategy against Linux and Open source was leaked to Eric S. Raymond, who annotated it and posted it on the web. This became known as the first Halloween Document. Between 1998 and 2004 Eric posted 10 other Halloween Documents. You can see them all at this site.

Now it’s 2007, and the Open Source Initiative, an organization that Eric Raymond co-founded, has approved two new open source licenses written by Microsoft. The Microsoft Public License (Ms-PL) is a permissive license in the spirit of Apache and BSD, while the Microsoft Reciprocal License (Ms-RL) adds a clause requiring you to release the source code of any files that contain any covered code. Ms-RL has similaries to GPL and MPL, but isn’t quite the same as either one.

Given the OSI’s stated desire to reduce the number of open source licenses, not increase them, I asked the OSI board why they had approved it. “We won’t approve licenses that are too similar to existing licenses”, board member Russ Nelson responded in an email. However he praised the licenses for being simply written, for addressing trademarks and patents, and for not naming a specific jurisdiction.

Is that enough to differentiate them? Not according to Greg Stein of the Apache Foundation, who is opposed to the creation and use of new licenses when existing, popular licenses already do the job. “License proliferation,” he writes, “slows development and discourages usage by making it more difficult to combine and remix code.”

What about the name? Is anybody besides Microsoft going to use a “Microsoft anything” license? Nelson claims the name is irrelevant. “Lots of people who aren’t at Berkeley or MIT use the Berkeley and MIT licenses,” he points out. However discussion was reportedly quite lively at the OSI board meetings. Participants say they treated Microsoft like any other applicant, but Nelson concludes:

The licenses are reasonable. People’s reaction to the name Microsoft on an Open Source license is not reasonable.

The house of Microsoft still stands. But is it safe to go in?

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Ed Burnette is a software industry veteran with more than 25 years of experience as a programmer, author, and speaker. He has written numerous technical articles and books, most recently "Hello, Android: Introducing Google's Mobile Development Platform" from the Pragmatic Programmers.

Disclosure

Ed Burnette

Ed Burnette is a Manager of Mobile Development at SAS. However the postings on this site are his own and do not represent the positions, strategies, or opinions of his employer.

Biography

Ed Burnette

Ed Burnette has been hooked on computers ever since he laid eyes on a TRS-80 in the local Radio Shack. Since graduating from NC State University he has programmed everything from serial device drivers and debuggers to web servers. After a delightful break working on commercial video games, Ed reluctantly returned to business software. He currently develops enterprise software for Android phones and tablets.

In his copious spare time, Ed writes and speaks about all kinds of technology and software. His most recent books include the Eclipse IDE Pocket Guide from O'Reilly and Hello, Android: Introducing Google's Mobile Development Platform from the Pragmatic Programmers.

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Sorry, BobF_z
Ole Man 8th Nov 2007
I just lose sight of the apathy displayed against what Microsoft does sometimes.

My hatred is not blind. Perhaps it's others who can't see what is taking place. How would they know, if they can't see?
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Your beating a dead horse.
No_Ax_to_Grind 31st Oct 2007
As much as open source fans hate it, Microsoft has the same rights to create a license and get it approved. My suggestion, learn to suck it up and deal with it.
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Oxymoron
aceofspades1217@... 31st Oct 2007
Seriously Microsoft Public License is simply a oxymoron in itself. Why did they approve it.
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Gee, I wonder why they approved it?
NonZealot 31st Oct 2007
On the one hand, we have aceofspades1217 who has likely never read a single one of the licenses in question and has simply stated that Microsoft can't create public licenses. On the other hand, we have a committee that have spent months reviewing the licenses, have discussed the licenses, and have voted to approve the licenses. Gee, I wonder who is right?

snicker, smirk happy
These seems to be a PR ploy to inspire trust and "benevolence"
similar to industry PAC bearing "Consumer Protection ..." names.
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Yes, IBM has been guilty of it for years.
No_Ax_to_Grind 31st Oct 2007
As well as Sun, and a few more "open source" backers we can all name...
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Be objective.
b.bob 31st Oct 2007
I believe I actually agree with NAG on this one. However, Micro-stuff is not to be trusted. I suggest we avoid licensing any of our work under their license, but it should not discourage us from using software that is under these licenses.
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Ummm, no
No_Ax_to_Grind 31st Oct 2007
If you use the MS code (just like GPL) you must include the MS license agreement.
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He wasn't talking about source code...
Tony Agudo 31st Oct 2007
when he spoke of using programs(i.e apps created with said source code):

However, Micro-stuff is not to be trusted. I suggest we avoid licensing any of our work under their license, but it should not discourage us from using software that is under these licenses.

Put more succinctly:

"As a developer, I wouldn't touch anything under these licenses. As a user however, there's no problem."
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Logical step
BobF_z 1st Nov 2007
I think there'e a lot of confusion with Open Source, Linux and free software, though they are often used together they are not the same thing.

If Microsoft want to release code under a license they are happy with there is absolutley no problem with that.

I attended a lecture given by Eric Raymond some years ago where he said he believed most software development would move to open source, apart from some security software and games, due to the benefits of open sourcing your code.

Open sourcing code gives benefits in terms of having the world peer review your code, and this can only lead to making it better tighter more secure code, and you can benefit from suggestions from other programmers, it also allows code to be customised to a users requirements.

While Microsoft are no angels that doesn't mean that this is an evil plot to subvert Linux or anything else, it's a reasonable move that any software company where they would make to utilise the benefits of open source.

Microsoft has made it clear it's not happy with the GPL, and it doesn't have to use it if it doesn't want to, indeed Apache and a number of other software producers have their own license, if you don't like a license don't use it or the product.

This is a fairly ordinary story, I suspect ZDNet as usual sought to generate some hits with the "Halloween" angle to generate the usual talkback flame fest.
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As a matter of fact....
BobF_z 1st Nov 2007
Re-reading the aticle again, where is the halloween document?, these documents were leaked Microsoft documents and emails usually around some kind of "lets kill xxxx product" kind of scenario.

As far as this story is concerned theres been no such disclosure.

What's up Ed?, is it such a slow day you have to make up news now?
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Contributr
Re: Halloween
Ed Burnette 2nd Nov 2007
There is no Halloween XII document yet, unless you count these new open source licenses. That's ESR's call, but I suspect there never will be. With a few notable exceptions, advocates of non-proprietary software have moved beyond theatrics and sensationalism to prove their point. Look at how OSI removed these documents from their site, and now has even approved two MS licenses.

As far as the other part of your question, I think Dana sums up things well here: http://talkback.zdnet.com/5208-10535-0.html?forumID=1&threadID=40490&messageID=748883&start=-9949 .
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Ed Thanks!
BobF_z 2nd Nov 2007
For a disarmingly honest reply happy
Just for your edification, the GPL is a license, just like Microsoft's EULA is a license, and the GPL has "made it clear" that if Microsoft uses any code that is covered by the GPL, Microsoft must obey the GPL, just as anybody who uses any code covered by Microsoft's EULA must obey the EULA.

At least you got one thing right. "if you don't like a license don't use it or the product". This applies to ALL licenses, whether it be Microsoft, Apple, or Linux (or any other source). I don't see why you think "they are not the same thing". A license is a license, even if it's hanging on a tree. Unless you advocate ignoring ALL licenses, in which case your whole post would be moot.
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From one ole man to another
BobF_z 2nd Nov 2007
Re read my original post, how may times do I mention GPL?, just once as far as I can see, stating that Microsoft didn't like it, the rest of my comment related to any type of open source licence.

Open Source doesn't have to be GPL and your lack of understanding in this area highlights why there is so much confusion, I can release code as open source without having a GPL licence (lots of people including Microsoft do as this article highlights.)

Get your nurse to change your meds ole man
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Talking in circles is easy
Ole Man 2nd Nov 2007
You don't have to come up with anything new. Just follow your own worn out tracks.

What I said was that a license is a license, and the terms of the license must be obeyed if code which falls under the license is used, whether you, me, Microsoft, or anybody else likes it or not. Isn't that what Microsoft and all their henchmen preach about Microsoft's licenses?

You said that Microsoft doesn't like the GPL. I said it doesn't matter what they like or don't like, if they use code covered by the GPL they have to obey the GPL (which is a license, same as their EULA).

You said the GPL "is NOT the same". I said that the GPL IS the same, a license just like Microsoft's license.

If you are talking about something that is in the public domain, why did you bring up the GPL and try to confuse the difference in licensed software and the public domain?

You can BS some of the people some of the time, but you can't BS all the people all the time.

One old man to another.............
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I am seriously confused by your replies, the article is about Microsoft developing licenses for open sourcing their code, yet you keep bringing up the GPL!

Yes if Microsoft used code using the GPL they would have to abide by it's terms, but this is not what this article is about.

Wanna post again and deliberately ignore/twist everything I've said?
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Copied directly from your post
Ole Man 6th Nov 2007
"Microsoft has made it clear it's not happy
with the GPL"

Your statement brought up the subject of
the "GPL", whether you recognize what you
said or not. Maybe you meant that Microsoft
doesn't want to use GPL code, but what you
said could implicate anything.

However, I apologize for trying to have an
intelligent discussion with anyone enamored
with Microsoft. Carry on with your lovefest.

No need to twist anything you say. You do a
good enough job of that yourself.
Where do you get the impression I'm enamoured of Microsoft?, I spend most of my time working with open source software, and I've been instrumental in introducing OSS operating systems and software into a number of companies.

I don't agree with a lot of Microsoft's methods, however I'm not going to put them down for the sake of it, blind hatred solves nothing.

As for the GPL comment it was one minor observation in a post which you have chosen to latch on to, this article is about Microsoft having a license approved to open source some of their code, nothing wrong with that.
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Sorry, BobF_z
Ole Man 8th Nov 2007
I just lose sight of the apathy displayed against what Microsoft does sometimes.

My hatred is not blind. Perhaps it's others who can't see what is taking place. How would they know, if they can't see?

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