February 21, 2008 7:21 AM PST

Microsoft pledges not to sue over open source

Microsoft's top executives are set to announce a broad interoperability strategy that includes an agreement not to sue open-source developers for products that connect to Microsoft software, a source familiar with the company's plans told CNET News.com.

The software maker had already taken baby steps in this direction, signing individual pacts with companies like Novell and Turbolinux, as well as agreeing not to sue individual developers.

The company has scheduled a conference call at 8:30 a.m. PST on Thursday to discuss the news. Among the executives on the call are CEO Steve Ballmer, Chief Software Architect Ray Ozzie, server and tools head Bob Muglia, and General Counsel Brad Smith.

Ozzie and Ballmer

Ray Ozzie (left) and Steve Ballmer.

(Credit: Microsoft)

Update: Microsoft issued its press release with more details.

Microsoft on Thursday announced changes in its business practices to work better with software from other providers, including open-source communities.

It laid out four principles aimed at making its high-volume enterprise software support standards and better handling data from non-Microsoft software.

Specifically, Microsoft said it will publish the documentation for the application programming interfaces and communications protocols in its "high-volume products." Developers do not need to buy a license or pay a royalty to access the information.

As a first step, Microsoft will publish protocols for communicating with Windows Server, which had previously only been available under a trade secret license. Protocols for interoperability with Office 2007 will be published in the coming months, the company said.

Microsoft said the pledge will ultimately extend to Windows Vista, the .NET Framework, Windows Server 2008, SQL Server 2008, Office 2007, Exchange Server 2007, and Office SharePoint Server 2007.

Microsoft said that it will not sue open-source developers who create non-commercial software based on Microsoft's protocols.

The company also said that it will provide new application programming interfaces to developers so that Office 2007 can better work with document formats. The company does not natively support the alternative Open Document Format, or ODF, standard in Office 2007.

Although it does not mention ODF specifically in its release, Microsoft also launched a Document Interoperability Initiative to "address data exchange between widely deployed formats."

Microsoft said the Open Source Interoperability Initiative will foster a better working relationship with open-source projects, and will provide technical assistance, such as interoperability testing.

Through a previously created Interoperability Executive Customer (IEC) Council, Microsoft will seek to create a better "(dialogue) and outreach" with partners, customers, and developers on the subject of interoperability.

In a statement, Microsoft General Counsel Brad Smith said these steps are part of the company's efforts to comply with antitrust obligations laid out by the European Court of First Instance (CFI).

"As we said immediately after the CFI decision last September, Microsoft is committed to taking all necessary steps to ensure we are in full compliance with European law," Smith said.

CNET News.com's Martin LaMonica contributed to this report.

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Add a Comment (Log in or register) 29 comments (Showing first 20 comments)
This just in...
by thedreaming February 21, 2008 7:48 AM PST
Microsoft, in their attempt to spread more FUD regarding the use of linux, scheduled a conference today where they will give us permission to continue to use open source software without the fear of being sued.

On other news, pigs fly and hell freezes over....
Reply to this comment
Wow - good stuff
by cmwendy February 21, 2008 8:20 AM PST
If it's that or more information for industry developers, then that's good stuff.
Reply to this comment View reply
You forgot the word "directly"
by ucphenom82 February 21, 2008 8:37 AM PST
They don't need to sue directly. Anyone hear about a Middle Eastern firm "investing" $100M into SCO, which was headed for bankruptcy? Hmmm, why would they do that? Could it be that the head of the firm is a buddy of Bill Gates?

http://www.groklaw.net/article.php?story=20080214125705140

"Gates and Alwaleed have collaborated for at least two years. After attending a dinner at Gates's home in Bellevue, Washington, in early 2004, Alwaleed agreed to explore ways to assist Microsoft's expansion in Saudi Arabia."

This is only the latest of MSFT's indirect attacks against open source. Anyone remember the patent troll IP Innovation LLC suing Red Hat and Novell? IP Innovation LLC is a subsidiary of Acacia. And 10 days (TEN!) after this: "Acacia Technologies Names Brad Brunell, Former Microsoft General Manager, Intellectual Property Licensing, to Management Team."

http://www.groklaw.net/article.php?story=20071011205044141


So Microsoft is pledging not to sue over open source? How thoughtful of them.
Reply to this comment
...and in other news...
by `WarpKat February 21, 2008 8:38 AM PST
The United SnowMan Militia has overrun the minion
of Satan and are now threatening everlasting
winter in the 9th Plane of Hell.

More to come as this breaking story develops.
Reply to this comment
Told You So Days Ago....
by Commander_Spock February 21, 2008 9:06 AM PST
... that a "Microsoft API Tsunami Wave" was coming.

"Specifically, Microsoft said it will publish the documentation for the application programming interfaces and communications protocols in its "high-volume products." Developers do not need to buy a license or pay a royalty to access the information.

As a first step, Microsoft will publish protocols for communicating with Windows Server, which had previously only been available under a trade secret license. Protocols for interoperating with Office 2007 will be published in the coming months, the company said.

Microsoft said the pledge will ultimately extend to Windows Vista, the .NET Framework, Windows Server 2008, SQL Server 2008, Office 2007, Exchange Server 2007, and Office SharePoint Server 2007.

Microsoft said that it will not sue open-source developers who create non-commercial software based on Microsoft's protocols..."

Go back and read the Commander's Logs where "Fast Fourier Transform (FFT)" was mentioned (do some research) then read the article again to understand who will survive the "Microsoft API Tsunami Wave" and which "shores" it will hit - No more "EU Commission" interruptions you say!
Reply to this comment
If forced, they can be nice too... not
by scottnet91 February 21, 2008 9:17 AM PST
Microsoft does not even know when they trample or **** off others anymore. All they are capable of is trying, and failing, to buy talent, trying to meet the minimum requirements of court orders, and trying to avoid having to talk about their recent string of blunders. I spent 20 years promoting this company's products. What a waste. I highly recomend adoption of viable alternatives via the open source community namely (Ubuntu, Open Office, and the like). Not because I hate MS, but Microsoft is dying and your business needs to survive their implosion.
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The Key to Free Use is "Non-commercial"
by WJeansonne February 21, 2008 9:19 AM PST
Purveyors of commercial open source software will have to pay up, I presume.
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Valuable pledge
by hpf February 21, 2008 9:59 AM PST
A valuable pledge from MS- I would say that if you bring this pledge, and $2.50, to a Starbucks, you could get a small coffee.
Seriously, an MS pledge has no value.

MS's level of honesty documented in the link below.
http://www.albion.com/microsoft/findings.html
Reply to this comment
correct-a-mundo
by samhiser February 21, 2008 10:34 AM PST
"Non-commercial use" ... I mean they'll need to do better.

A developer of Free Software has no control over whether her work is used for commercial or non-commercial purposes downstream.

This is -- prima facie -- ridiculous!
Reply to this comment
It just feels good...
by Jon N. February 21, 2008 10:35 AM PST
We in the know, knew that the threat of "I'm gonna sue you" was all FUD. Now M$ wants to play nice. Hummmmmmmmmm! could it be the end of the proprietary M$ monopoly? Could we actually be seeing the beginning of the end of the big stick tactics that M$ were so used to using? I think so. I switched to Ubuntu on 1/4/08, and though downloading music from the internet is problematic at best, everything else works like a charm for me. Now to get the code for windows' iTunes opened up to Linux, and we all should be happy!
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Capitulation of the Blowhards
by Linux Now February 21, 2008 10:52 AM PST
This seems a pretty fancy waltz by M$ to get itself out of the long-enduring and tedious "threats" to sue for patent infringements which these blowhards were never willing to detail because they were engaging in nothing more than another (failed) attempt to sow fear, uncertainty, and doubt.

This latest "generous" offering of cooperation evidences only the final capitulation of a band of thugs who now realize they can no longer bully their way around the sandbox, and are thus facing up to the reality that their fake technology will likely be irrelevant with a decade.

Hopefully nobody eagerly hauls this Trojan horse inside the city gates without carefully inspecting what lies within the belly of the beast.
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First it's Embrace
by ColdMast February 21, 2008 11:15 AM PST
then a free update to anyone of the listed craptacular Microsoft Products will sure break for example: code that lets Thunderbird talk nicely with exchange.

Dear Microsoft can I still get a copy of Windows XP after June? yah know to play games... F**K it RTSs are coming to consoles now anyways.
Reply to this comment
Actually, the real action is elsewhere...OOXML
by greg30307 February 21, 2008 3:45 PM PST
This actually may be to draw attention to something extremely
valuable to Microsoft: having its proprietary Open Office XML
declared an international standard by the International
Organization for Standardization (ISO). Some governments have
mandated that documents for government use be written as an
international standard. ODF already is that. You can imagine the
threat to MS if governments start to mandate a different
standard than MS's. So they wrote a proprietary standard they
misleadingly call Open Office XML. Of course, proprietary
software code would not normally be considered as an
international standard. But MS has spent the last six months
literally buying the support of countries delegations to the
standards meeting next week. See Wall Street Journal story:

Microsoft's Office Push 
Scrutinized by EU
Regulators Are Looking
At How Firm Corralled
Support for the Software
By CHARLES FORELLE
February 8, 2008; Page B4
BRUSSELS -- European regulators are examining whether
Microsoft Corp. violated antitrust laws during a struggle last
year to ratify its Office software file format as an international
standard.
... (I do not want to post the entire story)
In the months and weeks leading up to the vote, Microsoft
resellers and other allies joined standards bodies en masse --
helping swell the Italian group, for instance, from a half-dozen
members to 85. Opponents said Microsoft stacked committees.
People familiar with the matter say EU regulators are now
questioning whether Microsoft's actions were illegal. Microsoft
said at the time that any committee expansion had the effect of
making more voices heard...
---
THIS is the real ball-game. The second vote is next week. Those
of you who think MS's days are numbered, think again. They are
close to having bribed their code into ratification as an
international standard.

Go to the website www.noooxml.org/start for more information.
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microsoft pledges not to sue - HA!
by the_piano_man February 21, 2008 11:15 PM PST
"The large print giveth and the fine print taketh away." "Promises are like pie crusts - made to be broken" - remember this as you and your lawyer ( if you are rich enough to afford one) sit in court.

They pledge not to sue that which connects to THEIR PRODUCT - what about the other stuff? Well, now thats a horse of a different color. . . actually any "pledge" by ms is something about a horse - but not its color.
Reply to this comment
MS vs the World
by corredorlobo February 23, 2008 6:01 PM PST
I think the world led by the EU need to go blow. Their litigations against MSFT is nothing more than bullying and protectionism. To go one step further( and unfortunenly I do not have the facts at hand) How many American companies are being slammed by the EC versus European????? Maybe the US needs to start tariffwars and legal wars with European firms to protect US businesses.MS developed their codes and therefore have an INTELLECTUAL RIGHT to said knowledge. They share but noone else does Adobe gves (livcenses acrobat to Apple for their OS text, MS shares WMP codecs with Real Player, etc and what do they get in return???? What is fair for 1 is fair for all? How does Apple monopolize EVERYTHING about their productss and M$FT cannot? Why can Adobe license (give) acrobat to others and not to MS? Never mind everyone seems to hate the one company that gave us computing for the masses
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About Beyond Binary

During her years at CNET News, Ina Fried has changed beats several times, changed genders once, and covered both of the Pirates of Silicon Valley. These days, most of her attention is focused on Microsoft.


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