Re: [DotGNU]Found in the MS-DOJ Settlement

[Norbert Bollow]

Tony,
  would it be possible to get a lawyer's analysis of what this
  really means?

Greetings, Norbert.

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From: Bill Lance <address@hidden>
To: address@hidden
Date: Fri, 2 Nov 2001 14:26:04 -0800 (PST)

I prefice this with a strong "I am not a lawyer"
disclaimer.  The court filing of the settlement text
is at:


http://www.usdoj.gov/atr/cases/f9400/9462.htm

In there I found this:

Notice the specific reference to authentication
systems.

The second paragraph seems to preclude Open Source. I
think, but that is extreamly merky.

- --------------------------------------------

J.  No provision of this Final Judgment shall: 

 Require Microsoft to document, disclose or license to
third parties: (a) portions of APIs or Documentation
or portions or layers of Communications Protocols the
disclosure of which would compromise the security of
anti-piracy, anti-virus, software licensing, digital
rights management, encryption or authentication
systems, including without limitation, keys,
authorization tokens or enforcement criteria; or (b)
any API, interface or other information related to any
Microsoft product if lawfully directed not to do so by
a governmental agency of competent jurisdiction. 

 Prevent Microsoft from conditioning any license of
any API, Documentation or Communications Protocol
related to anti-piracy systems, anti-virus
technologies, license enforcement mechanisms,
authentication/authorization security, or third party
intellectual property protection mechanisms of any
Microsoft product to any person or entity on the
requirement that the licensee: (a) has no history of
software counterfeiting or piracy or willful violation
of intellectual property rights, (b) has a reasonable
business need for the API, Documentation or
Communications Protocol for a planned or shipping
product, (c) meets reasonable, objective standards
established by Microsoft for certifying the
authenticity and viability of its business, (d) agrees
to submit, at its own expense, any computer program
using such APIs, Documentation or Communication
Protocols to third-party verification, approved by
Microsoft, to test for and ensure verification and
compliance with Microsoft specifications for use of
the API or interface, which specifications shall be
related to proper operation and integrity of the
systems and mechanisms identified in this paragraph.

- ---------------------------------------------


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