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Hardware 2.0

Adrian Kingsley-Hughes

Microsoft bans GPLv3 open-source software from Windows Phone and Xbox apps

By | February 17, 2011, 8:52am PST

Microsoft has banned GPLv3 open-source software from Windows Phone and Xbox apps, according to Jan Wildeboer, an open source evangelist and Red Hat employee.

Wildeboer is unimpressed:

This is rather uncool, IMHO, I stumbled upon this forum entry and was quite astonished. It points to the Microsoft Application Provider Agreement that governs the Windows Marketplace, the App Store where users can get apps and developers publish them.

The devil’s in the Application Requirements documentation:

e. The Application must not include software, documentation, or other materials that, in whole or in part, are governed by or subject to an Excluded License, or that would otherwise cause the Application to be subject to the terms of an Excluded License.

 Hmm, “Excluded License”? What does that mean? More digging through the license:

“Excluded License” means any license requiring, as a condition of use, modification and/or distribution of the software subject to the license, that the software or other software combined and/or distributed with it be (i) disclosed or distributed in source code form; (ii) licensed for the purpose of making derivative works; or (iii) redistributable at no charge. Excluded Licenses include, but are not limited to the GPLv3 Licenses. For the purpose of this definition, “GPLv3 Licenses” means the GNU General Public License version 3, the GNU Affero General Public License version 3, the GNU Lesser General Public License version 3, and any equivalents to the foregoing.

In other words, GPLv3, LGPLv3, Affero GPLv3 licenses are excluded.

Why has Microsoft chosen to do this? According to Wildeboer the reasons are pretty clear:

The consequences of this strange exclusion are not fully clear to me as I am not a lawyer. But one thing is extremely obvious. Microsoft wants to keep its platform clear of Free Software. Period.

Seems like that to me too.

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Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology.

Disclosure

Adrian Kingsley-Hughes

All opinions expressed on Hardware 2.0 are those of Adrian Kingsley-Hughes. Every effort is made to ensure that the information posted is accurate. If you have any comments, queries or corrections, please contact Adrian via the email link here. Any possible conflicts of interest will be posted below. [Updated: February 23, 2010] - Adrian Kingsley-Hughes has no business relationships, affiliations, investments, or other actual/potential conflicts of interest relating to the content posted so far on this blog.

Biography

Adrian Kingsley-Hughes

Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology -- whether that be by learning to program, building a PC from a pile of parts, or helping them get the most from their new MP3 player or digital camera.

Adrian has authored/co-authored technical books on a variety of topics, ranging from programming to building and maintaining PCs. His most recent books include "Build the Ultimate Custom PC", "Beginning Programming" and "The PC Doctor's Fix It Yourself Guide". He has also written training manuals that have been used by a number of Fortune 500 companies.

Adrian also runs a popular blog under the name The PC Doctor, where he covers a range of computer-related topics -- from security to repairing and upgrading.

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RE: Are there any GPLv3 applications on xbox or WP7?
WinTard Updated - 22nd Feb 2011
Oops... NT
What is a Red Hat employee doing surfing on WP7 and Xbox forums? Sounds like he was on a mission. Microsoft is in the right here for banning GPL3 and it makes sense. The reasons are clear but not for what you stated. They do not want to be responsible for keeping up with GPL'd code and distributing the app and source along with the legal responsibilities it takes on. Plus they don't want GPL code to go upstream into their own OS or apps forcing them to release their own source code or that of any apps for WP7 and Xbox. The short version: Microsoft is not going to take on the legal troubles for someone else's project.
Loverock Davidson?s comment today paid by Microsoft.
@choyongpil
But is it incorrect? GPLv3 (or any licensing agreement) involves legal issues that a company may not want to deal with.
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Wrong, choyongpil
AllKnowingAllSeeing 17th Feb 2011
@choyongpil as mdemuth says, it involves legal issues that a company may not want to deal with

Just don't place your code under GPLv3 and you're fine.
Doesnt know and Cant see,
So you have information that Loverock is not paid by Microsoft.
@choyongpil

This is also standard practice at Oracle and Apple, BTW.

The process is called "Remediation".

Now you understand why one cannot get access to the sources to the "Aqua" GUI in OS X?

Even though they'll publish the rest a la BSD License...
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I guess that's true
John Zern 17th Feb 2011
@choyongpil
AllKnowingAllSeeing may know, but will he tell?
(The Big Guy has been known to keep things to himself from time to time )

But that's true, maybe LD gets paid by MS, you and a few others get paid by Apple to post here, and DB an DTS maybe from Google, or something.

So you're all paid shill, so all of you go away!
John Zern,
No not paid by Apple, Just a contractor for Uncle Sam.
My comments are my own personal opinion and do not represent the position of my employer.
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Contributr
@Loverock Davidson

"What is a Red Hat employee doing surfing on WP7 and Xbox forums?"

Brilliant!
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Nothing brilliant about it......
linux for me 17th Feb 2011
@Adrian Kingsley-Hughes
@Loverock Davidson

"Excluded Licenses include, but are not limited to the GPLv3 Licenses"

This means that any open source licence, including all GPL, Apache, BSD, etc... can be banned.

This is nothing more than another move to try and keep their slowly decaying market. How desperate can Microsoft get? If they had a good product that would compete, they wouldn't need to result to such devious means.
@Adrian Kingsley-Hughes
You're damn right I am!
@Loverock Davidson
M$ lost it's last chance to reddem itself by embracing GPL!
Now it's up to the courts to strike down this agreement.
M$ censorship is against our constitutional rights.
@Linux Geek Embrace the GPL? Microsoft is running a business, not a religion, so why get mixed up with such nonsense? The GPL brings with it many undesirable consequences which are simply better avoided from a business perspective.
@Linux Geek
What constitutional right would that be?
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@ MichaelWells
Michael Alan Goff 18th Feb 2011
Didn't you read:

Life, Liberty, Free Stuff, and the Pursuit of Happiness are our freedoms.

Duh.
@Linux Geek : This coming from a Linux zealot. What censorship? Do you know the meaning of censorship? [look it up at www.dictionary.com] Always looking for the courts to defend Linux? Why? Because the Linux community is so franctured. How many distros are out there? You got a distro for all these single purposes. Wouldn't be surprised if there is a distro made for cats!

Constitutional right? For who?
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@Tiggster "The GPL brings with it many undesirable consequences which are simply better avoided from a business perspective."

Such As???

What do they have to avoid. All they have to do is stick to they're own code. Heck they stole Gary Kildall's code and made DOS but he was too small to have a voice, so that's ok then.
@Loverock Davidson Simple. As mentioned in my blog entry, I was surfing on a Nokia forum where developers were discussing the ramifications of the Symbian/Meego to WP7 platform change as decicded by Nokia.

Sorry, no dark motives happy

Jan Wildeboer
@jan.wildeboer
so you say, I'm watching you wink Just kidding happy
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LOL
Hallowed are the Ori Updated - 17th Feb 2011
@Loverock Davidson

Dude, I have to tip my hat to you. Intentional or not, you are absolutely the BEST fisherman trawling ZDNet. A single post from you can literally get pages of fishes caught up in your net.

I mean, there was an article the other day where you made the first post and you trolled up so many fish that I had to go down 5 or 6 PAGES before I got to the next top level post.
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I guess somebody doesn't like the truth
John Zern 17th Feb 2011
@Loverock Davidson
You got flagged for a non-insulting opinion.

I guess for some people here the only opinion that matters is there own, all else be damned wink
@John Zern
The simple reason is because its me who posted.
@John Zern
That proves LD is right always and thats why people flag most of the time. I like his positive attitude. He is not tired even if someone flags him. Way to go LD.
Rama.NET,
It what neurotic world do you live in. It proves that he is an idiot. Loverock will flag any one that disagrees with his comments.
  • Flagged
@Loverock Davidson

i note that GPLv2 isn't banned

also, GPLv-anything code could only go upstream into the OS if Microsoft chose to bring it in, and even then, there are ways to legally use GPL'ed code in a non-GPL'ed system without opening the entire codebase
@erik.soderquist
That may be true but you would have scores of open source developers reviewing the code looking for any little infraction to try to force Microsoft to open their code up.
@erik.soderquist - the "not limited to..." part of the text might cover GPLv2.. Just a thought as it is a rather open-ended condition.
@Loverock Davidson

maybe, maybe not, depends which method is used... as i recall, that was the main point of LGPLv2, being able to use a GPL'ed library without having to open the calling code. to me it looks like the specific revisions added to GPLv3 to try to block DRM/etc are the issue. Linus Torvalds (owner of the Linux kernel) is also against these changes and has refused to license the Linux kernel under GPLv3, keeping it under GPLv2 instead. i guess in this case you could rightly say that Microsoft and Linus Torvalds are on the same side.

@PollyProteus

it is rather open ended, but also allows for someone changing a word or two, call it Joe's GPL license, and try to slip GPLv3 in through a back door. i think the key is the specific requirements they cite, most notably a GPLv3 *requirement* that GPLv3 code may not be distributed in a fashion that would disable the code if it is modified by the user. the 'poster-child' example is the TiVo, which runs GPLv2 Linux code and the hardware will self-disable if the code is modified by the user. GPLv2 allows this, GPLv3 does not.
@Loverock Davidson

As much as I would enjoy bashing Microsoft over this; I have to admit I agree with it.

It is their (Microsoft's) sandbox , and to play in it, you have to play by their rules .

If you don't like the rules, go play elsewhere.

Which is exactly what I would suggest to others.

IMHO, F--- M$ and the horse it rode into town with.
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fatman65535
xuniL_z 19th Feb 2011
@fatman65535 you are entitled to your opinion but most businesses on this beautiful blue marble don't give a F___ about your ideologies or personal hatreds. they want the best software, that provides the best solutions out of the box.
Companies want software they can mold to their business goals and mission, not some old school C/C++ experiments that may or may not get their payroll automated.
F____ government sponsored and supported and socialiste leaning software and the fat pig it rode in on.
The Canada, Australia, the U.K. and U.S. are capitalist countries and believe in capitalism as a way to create the best opportunity for everyone to have the best possible life and only limited by their ambition.
We don't want that Garbage handed to us. Send it back to the sewer from which it came.
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@Loverock Davidson

Well Said,

who wants poorly written and tested open source garbage
that will most likely be infringing MS patents anyway.

Good for you Microsoft, no commie 3rd rate software here.
I wouldn't expect much from Microsoft. Ballmer once told that GPL is cancerous. now see who's spreading the cancer?
@vettypayal623 Gotta keep cancer out of the WP7 ecosystem!
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But you're not saying he's wrong.
AllKnowingAllSeeing 17th Feb 2011
@vettypayal623
now see who's spreading the cancer? Google, of course. Evrything they touch dies over time.
@vettypayal623 Keeping the lawyers out of xbox and WP7 is what MS is accomplishing.
Just wondering how this affects anything... Not that I like the lawyers setting the rules..
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Oops... NT
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Thanks Microsoft!
Tiggster 17th Feb 2011
As a WP7 application developer I think Microsoft is definitely doing the right thing. This isn't the chaotic Android platform after all. Developers in the Microsoft ecosystem actually care about making money from their application offerings anyway, so I doubt this will be a huge deal to .NET developers.
@Tiggster

What? No DRM fragmentation in WP7? LOL
@VRSpock Speaking of DRM, why do you think Android users don't have Netflix, but WP7 does? Real businesses trying to make a real profit know that the Android open front door policy is not a recipe for financial success. Why is that such a difficult concept for you to grasp?
Tiggster,
Android users do have access to Netflix.
@daikon You're right, on their PC. Ha!
Tiggster,
PlayOn mobile app.
Even Apple will not allow GPLed code in iOS, so whats your point?
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The point?
Michael Alan Goff 17th Feb 2011
Microsoft is evil.

This is Adrian Kingsley-Hughes, he despises anything made from Microsoft.
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Sarcastic translation
John L. Ries 17th Feb 2011
@goff256
Adrian criticized Microsoft for what everyone should do (after all, it's the GPL that's evil); therefore he's not a member of the pro-Microsoft party; therefore he's anti-Microsoft.

Makes perfect sense to me.
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Microsoft does make a lot of mistakes. But Apple and Microsoft are banning GPL v3, so maybe they have a reason.
@Rama.NET

Apple did allow GPL code until some French free software hippy whined about it, so they removed it at his request.

VLC was the (not terribly good) software.

Microsoft probably doesn't want to draw the same flack.
Well, I'm lawyer and not a developer and I don't know what it means. Maybe if I sat down Microsoft's lawyers I'd have a better idea. One possibility is that this could strengthen Microsoft's hand when it comes to unauthorized copying.
Another reason to choose android. Too bad that it won't be available on Nokia phones

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