FW: Microsoft vs. Open Source

["Larry Stanbery" <stanbery@example.com>]

I received this from a co-worker...  Interesting clause. =)

Larry Stanbery

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Is this the direction Microsoft is heading on their license?

Microsoft is distributing a new SDK with the following term in their EULA:

This is a legal agreement (“Agreement”) between you (either an individual or
an entity), the end user (“Recipient”), and Microsoft Corporation
(“Microsoft”).  BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE (AS
DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.  IF YOU
DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR USE THE
SOFTWARE.

MICROSOFT CORPORATION LICENSE AGREEMENT
FOR PRERELEASE SOFTWARE

Microsoft Mobile Internet Toolkit Beta 2

   (c)   Open Source.  Recipient’s license rights to the Software are
conditioned upon Recipient (i) not distributing such Software, in whole or in
part, in conjunction with Potentially Viral Software (as defined below); and
(ii) not using Potentially Viral Software (e.g. tools) to develop Recipient
software which includes the Software, in whole or in part.  For purposes of
the foregoing, “Potentially Viral Software” means software which is licensed
pursuant to terms that: (x) create, or purport to create, obligations for
Microsoft with respect to the Software or (y) grant, or purport to grant, to
any third party any rights to or immunities under Microsoft’s intellectual
property or proprietary rights in the Software.  By way of example but not
limitation of the foregoing, Recipient shall not distribute the Software, in
whole or in part, in conjunction with any Publicly Available Software.
“Publicly Available Software” means each of (i) any software that contains,
or is derived in any manner (in whole or in part) from, any software that is
distributed as free software, open source software (e.g. Linux) or similar
licensing or distribution models; and (ii) any software that requires as a
condition of use, modification and/or distribution of such software that
other software distributed with such software (A) be disclosed or distributed
in source code form; (B) be licensed for the purpose of making derivative
works; or (C) be redistributable at no charge.  Publicly Available Software
includes, without limitation, software licensed or distributed under any of
the following licenses or distribution models, or licenses or distribution
models similar to any of the following: (A) GNU’s General Public License
(GPL) or Lesser/Library GPL (LGPL), (B) The Artistic License (e.g., PERL),
(C) the Mozilla Public License, (D) the Netscape Public License, (E) the Sun
Community Source License (SCSL), and (F) the Sun Industry Standards License
(SISL).