14 DAY TRIAL // Microsoft wants nothing to do with the third version of the GNU General Public License, delivered on June 29. The Redmond company issued a public response to GPLv3 stating clearly that it does not want under any circumstances to be considered a party to the license. Microsoft also added that it will assume no legal obligations under GPLv3, emphasizing that it would be an incorrect interpretation to associate it with the position of a contracting party of GPLv3. The company's response to the publication of GPLv3 comes as consequence of the agreemen it has inked with Linux distributor Novell at the beginning of November 2006.
"While there have been some claims that Microsoft's distribution of certificates for Novell support services, under our interoperability collaboration with Novell, constitutes acceptance of the GPLv3 license, we do not believe that such claims have a valid legal basis under contract, intellectual property, or any other law. In fact, we do not believe that Microsoft needs a license under GPL to carry out any aspect of its collaboration with Novell, including its distribution of support certificates, even if Novell chooses to distribute GPLv3 code in the future. Furthermore, Microsoft does not grant any implied or express patent rights under or as a result of GPLv3, and GPLv3 licensors have no authority to represent or bind Microsoft in any way," Microsoft revealed in a statement related to GPLv3.
In response to GPLv3, Microsoft stated that it is reconsidering its position in relation to the distribution of Novell support certificates. The Redmond company stated that all recipients of Novell certificates will not be entitled to access "subscription for support and updates" associated with code that falls under GPLv3. Microsoft did however hint that, in the future, it could change its tune. One of the fragments of the GPLv3 manages to make Microsoft's patent infringing claims and any inherent legal actions an impossibility.
"You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it," reads the GPLv3 excerpt.
Still, Microsoft chose not to be a party of GPLv3 and reconfirmed its commitment to interoperability as well as to offering intellectual property assurance. The company added that GPLv3 did not impact the IP agreements it has made with Novell, Linspire and Xandros. "In particular, our technical and business collaboration with Novell continues to move full Steam ahead, including our joint development work on virtualization, standards-based systems management, identity interoperability and document format translators. In addition, the patent covenants offered by Microsoft and Novell to each other's customers are unchanged, and will continue to apply in the same way they did previously," Microsoft concluded.