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May 22nd, 2007

New Microsoft-funded study finds developers don't want GPL to cover patent deals

Posted by Mary Jo Foley @ 6:55 am

Categories: Corporate strategy, Legal, Linux, Novell

Tags: Developer, GPL, Open Source, Microsoft Corp., Mary Jo Foley

In Focus » See more posts on: Software Patents, GPL, Microsoft Novell

Microsoft is expending an awful lot of time and energy to try to derail the next version of the Free Software Foundation’s General Public License (GPL).

On May 22, yet another in a long line of Microsoft-commissioned open-source studies made its debut. The latest, conducted by Harvard Business School professor Alan MacCormack in conjunction with Keystone Strategy Inc., is titled “A Developers Bill of Rights: What Open Source Developers Want in a Software License.”

You probably can guess what the study concludes, given Microsoft’s decision last week — in the name of attempting to derail the looming GPL version 3 — to claim that open-source software violates 235 of its patents.

The Bill of Rights study found that rank-and-file open-source developers don’t want the GPL to dictate policy on patent-protection deals, like the one forged last year between Microsoft and Novell. The methodology (as detailed by eWEEK): “Researchers sent out 354 e-mails between Feb. 28, 2007, and April 4, 2007. Of those, 332 reached their destination, from which 34 responses were received, giving a response rate of 11 percent.”

In other words, this was a study based on 34 responses that was conducted more than a month before Microsoft decided to go public with its 235-patents-infringed claim.

Why am I harping so much on Microsoft’s open-source moves lately?

I’m stunned that after taking a number of seemingly positive steps vis-a-vis its thinking and strategy around open source, Microsoft has decided to blow away any bridges it built in a matter of weeks. Until recently, it was primarily CEO Steve Ballmer who was championing publicly Microsoft’s old “closed source is good/open source is bad” rhetoric. (For every three steps forward others at Microsoft took toward understanding and articulating ways that open source and proprietary source could coexist, Ballmer only managed to take two steps back.)

This newest Microsoft-sponsored study adds insult to injury. The company’s decision to go public with an alleged count of patent infringements has backfired and turned into a three-ring circus (If you doubt that, check out the list of nearly 300 individuals who’ve lined up on a public Wiki asking for Microsoft to “sue me first” for patent violations.)

I think it’s time for an independent study on Microsoft’s practice of funding open-source studies. Do the resulting white papers actually convince anyone to abandon open-source in favor of Microsoft products and technologies?

Mary Jo FoleyMary Jo has covered the tech industry for more than 20 years. Don't miss a single post. Subscribe via Email or RSS. You can also follow Mary Jo on Twitter.

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  • Talkback
  • Most Recent of 75 Talkback(s)
The only surprise
Is that it's not Microsoft's employee,
John Carroll, presenting a "Microsoft
Study". (Read the rest)
Posted by: Ole Man Posted on: 06/30/07 You are currently: a Guest | | Terms of Use
What a surprise!  linux for me | 05/22/07
The only surprise  Ole Man | 06/30/07
So...  Stuka | 05/22/07
*TYPO*  Stuka | 05/22/07
But what of those not guided by the desire to work for free?  GuidingLight | 05/22/07
False dichotomy  Yagotta B. Kidding | 05/22/07
Then why would you?  Patrick Jones | 05/22/07
what can you expect from a M$ funded 'study'?  Linux Geek | 05/22/07
So, fund one then.  No_Ax_to_Grind | 05/22/07
Why?  Suicida| | 05/22/07
If its that biased then do your own.  No_Ax_to_Grind | 05/22/07
By the way...  No_Ax_to_Grind | 05/22/07
Message has been deleted.  James T. Kirk | 05/22/07
Message has been deleted.  Linux Geek | 05/22/07
The survey was valid enough, the 'results' are a fraud ...  George Mitchell | 05/22/07
Nothing but *your* take.  No_Ax_to_Grind | 05/22/07
When have you?  Chad_z | 05/22/07
Everyday all day.  No_Ax_to_Grind | 05/22/07
I call BS  Yagotta B. Kidding | 05/22/07
Perhaps you are that slow  No_Ax_to_Grind | 05/22/07
"Beat code into shape"  James T. Kirk | 05/22/07
Beat something, anyway  Yagotta B. Kidding | 05/22/07
Yeah, there are days  No_Ax_to_Grind | 05/22/07
Being able to type does not mean one can code.  B.O.F.H. | 05/22/07
Dude, I make a very nice living at it  No_Ax_to_Grind | 05/22/07
What users?  Stuka | 05/22/07
You are talking abotu geek on the desktop  No_Ax_to_Grind | 05/22/07
Talk about a one sided argument there Axey  Shelendrea | 05/22/07
Hmmm, not that I can tell.  No_Ax_to_Grind | 05/22/07
Which might be laudable...  odubtaig | 05/22/07
Wht offensive?  No_Ax_to_Grind | 05/22/07
Still waiting for that citation  Yagotta B. Kidding | 05/22/07
Take a deep breath....  MGP2 | 05/22/07
Don't blame Don  Robert Crocker | 05/22/07
Eh? Did I miss something on Geoge Ou's blog or something? NT  odubtaig | 05/24/07
"MS is dead on" alright  Ole Man | 05/23/07
Um, the entire interview with Fortune Magazine?  odubtaig | 05/24/07
Very FUNNY!!!  Cardinal_Bill | 06/02/07
The study purported to be about open source developers...  Anton Philidor | 05/22/07
Link?  Patrick Jones | 05/22/07
Say what?  linux for me | 05/22/07
Silly questions  Yagotta B. Kidding | 05/22/07
Yeah, ok...  jasonp@... | 05/22/07
"A recent surevy"  Ole Man | 05/23/07
Regarding "sue me first"...  PB_z | 05/22/07
Microsoft isn't looking for *anything* from the end users  Ole Man | 05/23/07
The wording is important. If you say "dictate policy " instead of  DonnieBoy | 05/22/07
And if I say, "Stupid Linux User".  No_Ax_to_Grind | 05/22/07
Yes, "Stupid Linux User" is abrasive. So what?????  DonnieBoy | 05/22/07
Yawn  John L. Ries | 05/22/07
I tend to agree John...  No_Ax_to_Grind | 05/22/07
"trumpet whatever makes you look good"  Ole Man | 05/23/07
Which is more Offensive to the public at Large  xuniL_z | 05/22/07
What a shoddy study  martin23 | 05/22/07
The issue is worth considering...  Anton Philidor | 05/22/07
Less than 10% even responded  gotitright | 05/23/07
Calculations and Caring  donden@... | 05/24/07
Maybe there are two open source communities.  Anton Philidor | 05/22/07
That would be Microsoft's hope  gotitright | 05/23/07
"(writing non-GPL software for Linux, for instance)"  Ole Man | 05/23/07
They WILL have a choice ...  George Mitchell | 05/22/07
... despite Mr. Stallman.  Anton Philidor | 05/22/07
Yes, despite Richard Stallman ...  George Mitchell | 05/22/07
Novell's agreement is grandfathered...  Anton Philidor | 05/23/07
Would it be allowable  xuniL_z | 05/23/07
No comment  owidder | 05/22/07
What Microsoft does not want us to know ...  George Mitchell | 05/22/07
It's an OXYMORON  swhiser | 05/22/07
Not even statistically sound - MS should know better. (nt)  Basic Logic | 05/22/07
Maybe someday...  Omch'Ar | 05/22/07
MS should keep its big fat mouthed studies shut  Boot_Agnostic | 05/23/07
The complete story  Ole Man | 05/23/07
So Sue Me.  Sheeva | 05/24/07
One more factor  bobsherrill@... | 06/04/07
Need all studies independent of corporate or grass roots money  Boot_Agnostic | 06/04/07

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