Microsoft and the Linux Foundation Join Forces on Law of Software Contracts

It's not everyday that Microsoft joins forces with the Linux Foundation, but the Law of Software Contracts has seen the two create a duo sharing a unique perspective. Karen Copenhaver, counsel of the Linux Foundation and Horacio Gutierrez, corporate vice president and deputy general counsel, have jointly signed an open letter addressed at the American Law Institute, designed to offer the pair's concerns over how the Principles of the Law of Software Contracts have been drafted by the group. Microsoft and the Linux Foundation are asking for nothing more than for the adoption of the Principles of the Law of Software Contracts to be delayed until affected parties, namely software developers and distributors, could have a say.

“The ALI Principles are meant to provide guidance to judges and others as they interpret software licensing agreements. While the Principles reflect a lot of hard work and thought by the ALI, Microsoft and the Linux Foundation believe that certain provisions do not reflect existing law and could disrupt the well-functioning software market for businesses and consumers, as well as create uncertainty for software developers,” Gutierrez stated. “We have asked the ALI to allow more time for comment from interested parties reflecting the wide range of software developers and users.”

Gutierrez and Copenhaver emphasized that the current draft of the Principles of the Law of Software Contracts impacted both the proprietary and the open-source licensing and business models, a catalyst of the otherwise unlikely alliance between Microsoft and the Linux Foundation. The two counsels have emphasized the need for what they referred to as a “sound, effective commercial law framework for software contracts.”

“The mere fact that the Linux Foundation and Microsoft are joining forces may be viewed by some as remarkable, given that our differences receive far more public attention than when our interests converge. But there is a wide range of issues that affect all software developers alike,” Gutierrez added. “Our industry is diverse and sometimes contentious, but if nothing else unites us it is that we all believe in the power of software. I hope that this represents just one of many opportunities to collaborate with the Linux Foundation and others going forward. We have a lot more we can do together.”