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

[David Sugar]

Yes, I also thought about that particular set of clauses as well.  Of
course, regardless of how it may apply to things like passport, it's not
too hard to make anything an "authentication protocol" or a "digital
rights management" system if nessisary, so it seems a general purpose
loophole like the one in the last DOJ "consent decree" which similarly was
useless.

In the broader context, this settlement seems to permit and encourage
behavior that one could consider unethical and anti-competitive even by
companies that are not judged to be monopolies, let alone the special
restrictions a monopoly (or further an illegally obtained monopoly) is
assumed to behave under.  I find that far more disturbing than anything
else in this settlement document.

On Sat, 3 Nov 2001, Norbert Bollow wrote:

> Tony,
>   would it be possible to get a lawyer's analysis of what this
>   really means?
>
> Greetings, Norbert.
>
> ------- Start of forwarded message -------
> 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.
>
> - ---------------------------------------------
>
>
> __________________________________________________
> Do You Yahoo!?
> Find a job, post your resume.
> http://careers.yahoo.com
> _______________________________________________
> Developers mailing list
> address@hidden
> http://subscribe.dotgnu.org/mailman/listinfo/developers
> ------- End of forwarded message -------
> _______________________________________________
> Developers mailing list
> address@hidden
> http://subscribe.dotgnu.org/mailman/listinfo/developers
>
>