Re: [DotGNU]Found in the MS-DOJ Settlement

[tony stanco]

Sorry for the delay, Norbert. I was out of town for some R&R (i.e., no
email/Internet) and just got back.

I haven't had a chance to read the settlement, but from what I have heard
speaking to others and from press reports, it looks like the Government
wasted 4 years and tens of millions of taxpayer dollars. It looks like this
settlement is even leakier than the first. And we all know how successful
that one was.

But we never really expected the Government to take us all the way there,
did we?

Tony

-----Original Message-----
From: Norbert Bollow <address@hidden>
To: address@hidden <address@hidden>
Cc: address@hidden <address@hidden>
Date: Saturday, November 03, 2001 2:15 AM
Subject: Re: [DotGNU]Found in the MS-DOJ Settlement


>Tony,
>  would it be possible to get a lawyer's analysis of what this
>  really means?
>
>Greetings, Norbert.
>
>------- Start of forwarded message -------
>From: Bill Lance <address@hidden>
>To: address@hidden
>Date: Fri, 2 Nov 2001 14:26:04 -0800 (PST)
>
>I prefice this with a strong "I am not a lawyer"
>disclaimer.  The court filing of the settlement text
>is at:
>
>
>http://www.usdoj.gov/atr/cases/f9400/9462.htm
>
>In there I found this:
>
>Notice the specific reference to authentication
>systems.
>
>The second paragraph seems to preclude Open Source. I
>think, but that is extreamly merky.
>
>- --------------------------------------------
>
>J.  No provision of this Final Judgment shall:
>
> Require Microsoft to document, disclose or license to
>third parties: (a) portions of APIs or Documentation
>or portions or layers of Communications Protocols the
>disclosure of which would compromise the security of
>anti-piracy, anti-virus, software licensing, digital
>rights management, encryption or authentication
>systems, including without limitation, keys,
>authorization tokens or enforcement criteria; or (b)
>any API, interface or other information related to any
>Microsoft product if lawfully directed not to do so by
>a governmental agency of competent jurisdiction.
>
> Prevent Microsoft from conditioning any license of
>any API, Documentation or Communications Protocol
>related to anti-piracy systems, anti-virus
>technologies, license enforcement mechanisms,
>authentication/authorization security, or third party
>intellectual property protection mechanisms of any
>Microsoft product to any person or entity on the
>requirement that the licensee: (a) has no history of
>software counterfeiting or piracy or willful violation
>of intellectual property rights, (b) has a reasonable
>business need for the API, Documentation or
>Communications Protocol for a planned or shipping
>product, (c) meets reasonable, objective standards
>established by Microsoft for certifying the
>authenticity and viability of its business, (d) agrees
>to submit, at its own expense, any computer program
>using such APIs, Documentation or Communication
>Protocols to third-party verification, approved by
>Microsoft, to test for and ensure verification and
>compliance with Microsoft specifications for use of
>the API or interface, which specifications shall be
>related to proper operation and integrity of the
>systems and mechanisms identified in this paragraph.
>
>- ---------------------------------------------
>
>
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>
>