Microsoft Snared by GPLv3

Discussion in 'NZ Computing' started by Lawrence D'Oliveiro, Jul 13, 2007.

  1. Perceptive analysis here
    <http://www.groklaw.net/article.php?story=20070709101318827> of Microsoft's
    interesting reaction to the publication of version 3 of the GPL, and how
    this impacts on the agreements it signed with Novell and other Linux
    vendors. Microsoft seems to be trying two different arguments to get out of
    any potential obligations it may have under GPLv3:

    1) It's unilaterally declaring that the Novell vouchers it's redistributing
    are not valid for any GPLv3 software. Which is directly contrary to what
    Novell is saying. And Novell is the one actually providing the software and
    services that the vouchers are for, after all.
    2) And yet at the same time, Microsoft is also claiming that it's "not a
    party" to GPLv3 and "none of its actions are to be misinterpreted as
    accepting status as a contracting party of GPLv3"
    <http://www.regdeveloper.co.uk/2007/07/06/ms_novell_gplv3/>. Though it's
    not quite clear on what basis it gets to make this claim.

    This is, of course, the standard lawyerly tactic of "pleading in the
    alternative". It's what you do when you don't have complete confidence that
    any individual argument will be enough to sway a judge, so you throw up
    more than one, in the hope that at least one of them will stick.

    You hope.
     
    Lawrence D'Oliveiro, Jul 13, 2007
    #1
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