Other Software > Developer's Corner
Announcing .NET 2015 - .NET as Open Source, .NET on Mac and Linux
superboyac:
^ It's a little more tricky than it looks.
Basically, under this wording, if you are using .NET and you ever assert an IP claim against Microsoft for any reason, you automatically become a provable infringer on Microsoft’s IP because their "personal promise" is automatically withdrawn. So in short,: use .NET, try to sue us, and you're now an infringer.
So while your infringement claim remains to be proven, Microsoft’s infringement claim against you is already established.
Two guesses who would win in a tit-for-tat legal confrontation like that regardless of the merits? (Hint: bigger is usually the winner in IP infringement cases.)
That's a win-win for Microsoft. Their IP is fully protected either way. Your IP protection is anybody's guess.
-40hz (November 13, 2014, 01:45 PM)
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Good gawd. good catch.
Jibz:
^ It's a little more tricky than it looks.
Basically, under this wording, if you are using .NET and you ever assert an IP claim against Microsoft for any reason, you automatically become a provable infringer on Microsoft’s IP because their "personal promise" is automatically withdrawn. So in short,: use .NET, try to sue us, and you're now an infringer.
-40hz (November 13, 2014, 01:45 PM)
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It says "by any covered code", so I do not understand it as any legal action against MS on anything. It sounds a lot like the patent clause in the Apache license.
It looks like the GPLv3 has something similar as well.
mouser:
Guys, if you find yourself in a situation where you are in a legal battle with microsoft, these clauses are not going to be your primary problem. Your primary problem will be raising a few billion dollars to pay your legal fees. :-\
Stoic Joker:
Guys, if you find yourself in a situation where you are in a legal battle with microsoft, these clauses are not going to be your primary problem. Your primary problem will be raising a few billion dollars to pay your legal fees. :-\
-mouser (November 13, 2014, 04:25 PM)
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Nailed It!!! ...David and Goliath was a fun little fairy tail ... That's never gonna happen..
40hz:
Guys, if you find yourself in a situation where you are in a legal battle with microsoft, these clauses are not going to be your primary problem. Your primary problem will be raising a few billion dollars to pay your legal fees. :-\
-mouser (November 13, 2014, 04:25 PM)
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Nailed It!!! ...David and Goliath was a fun little fairy tail ... That's never gonna happen..
-Stoic Joker (November 13, 2014, 06:06 PM)
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All the more reason to not make it any easier for them than necessary. And their invulnerability not a foregone conclusion. The EFF and OSF have got them to back off on more than one occasion. Microsoft is like any predator. It would rather not risk injury if at all possible. If they think a legal precedent might get set that would work against them, their legal strategy has always been to back off and render the allegations against them moot rather than duke it out.
But better yet, why not just say: "Thanks - but no thanks." 8)
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