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Intellectual Property Law

: Groklaw

Microsoft Updates Open Specification Promise to Include GPL/Gives $$ to Apache

By Pamela Jones et al.

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Microsoft has updated its Open Specification Promise page as of July 25, and it now says in the FAQ that the GPL is covered, including commercial:
Q: I am a developer/distributor/user of software that is licensed under the GPL, does the Open Specification Promise apply to me?

A: Absolutely, yes. The OSP applies to developers, distributors, and users of Covered Implementations without regard to the development model that created such implementations, or the type of copyright licenses under which they are distributed, or the business model of distributors/implementers. The OSP provides the assurance that Microsoft will not assert its Necessary Claims against anyone who make, use, sell, offer for sale, import, or distribute any Covered Implementation under any type of development or distribution model, including the GPL. As stated in the OSP, the only time Microsoft can withdraw its promise against a specific person or company for a specific Covered Specification is if that person or company brings (or voluntarily participates in) a patent infringement lawsuit against Microsoft regarding Microsoft's implementation of the same Covered Specification. This type of "suspension" clause is common industry practice.

This is a major change. I haven't had time to figure out if there are any gotchas. None leap off the page. OOXML is under the OSP. And Sam Ramji has announced also that Microsoft has become a sponsor of the Apache Foundation. And they took the money. Andy Oliver confirms. Are pigs flying, or what?

Full post as published by Groklaw on July 25, 2008 (boomark / email).

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