[Opensim-users] Microsoft issues patent promise, dispels Mono legal concerns

[Ethan Grammatikidis]

On Sun, 12 Jul 2009 14:03:33 -0400
lamont cranston <l.cranston at gmail.com> wrote:

> Saying that it "clears up a bit of the FUD around Mono" seems counter
> intuitive. It would seem to have validated the claim that Mono relies on
> Microsoft patented technology. Microsoft seems to have just declared that it
> does.
>   Fact is not FUD.
> You don't need amnesty if you are innocent.
> 
> I'm more interested in why Microsoft felt that this is a good idea? Mono is
> so far below the public relations radar that it is invisible to 99% of the
> public.
> What is in it for Microsoft to release this announcement at this time?

Perhaps trying to gain face after wrangling money out of tht GPS maker for FAT filesystem use. Just my guess.

> 
> 
> On Tue, Jul 7, 2009 at 4:42 PM, Ethan Grammatikidis <eekee57 at fastmail.fm>wrote:
> 
> > On Tue, 7 Jul 2009 13:13:40 -0700
> > Kyle Hamilton <aerowolf at gmail.com> wrote:
> >
> > > On Tue, Jul 7, 2009 at 11:44 AM, Ethan Grammatikidis<eekee57 at fastmail.fm>
> > wrote:
> > > > On Tue, 07 Jul 2009 17:00:20 +0000
> > > > Opensource Obscure <open at autistici.org> wrote:
> > > >
> > > >>
> > > >> At a first glance this is good news for Opensim users and
> > > >> developers that use Linux. I'd like to hear comments,
> > > >> especially from free-software advocates.
> > > >>
> > > >> Microsoft issues patent promise, dispels Mono legal concerns
> > > >> from Ars Technica - http://bit.ly/BasCG or
> > > >>
> > http://arstechnica.com/microsoft/news/2009/07/microsoft-issues-patent-promise-dispels-mono-concerns.ars
> > > >
> > > > Just wondering how binding this promise is. I guess MS couldn't break
> > it without getting themselves bad press, but there's always a possibility of
> > a company finding itself in a tight corner & thinking maybe it's worth
> > breaking this. I find myself wondering if some, perhaps many big businesses
> > are designed to run as if they're in a tight corner all the time.
> > >
> > >
> > > I'm not a lawyer, but I've learned a lot from Groklaw. This is not
> > > legal advice, simply my interpretation of what I've read :):
> > >
> > > The legal principle involved is called "estoppel" -- if you make a
> > > promise not to sue someone for doing B, and then they in good faith
> > > rely on that promise and do B, you can't go back on your word and sue
> > > them for it anyway.  If the promise was made by the rightsholder (and
> > > the fact that they issued it as a press release in written form), if
> > > they try, they will have the court rule against them.  It's been this
> > > way since before we had a legal system in the US, and imported
> > > England's.
> >
> > Really good to know, thanks. :)
> >
> > >
> > > (Technically, this is the same thing that a license is: you receive a
> > > promise from the person who grants the license that they will not sue
> > > you.  It doesn't matter if you pay for it or not.)
> > >
> > > This "promise" can be looked at as a "license" as far as CLR runtimes
> > > go: if someone tries to create a functional CLR implementation, they
> > > have a license to any necessary patent claims that Microsoft holds
> > > that must be infringed in order to adhere to the standard.  This
> > > license does not extend to non-CLR technologies, though.
> > >
> > > Again, IANAL.  Check with an IP lawyer if you want to.
> >
> > Strong enough reasoning for me. *nod*
> >
> > --
> > Ethan Grammatikidis
> >
> > Those who are slower at parsing information must
> > necessarily be faster at problem-solving.
> > _______________________________________________
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> > Opensim-users at lists.berlios.de
> > https://lists.berlios.de/mailman/listinfo/opensim-users
> >
> 
> 
> 
> -- 
> (\__/)
> (='.'=)
> (")_(")
> 


-- 
Ethan Grammatikidis

Those who are slower at parsing information must
necessarily be faster at problem-solving.