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freetds - Re: [freetds] TDS versions

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  • From: Craig Berry <craigberry AT mac.com>
  • To: FreeTDS Development Group <freetds AT lists.ibiblio.org>
  • Subject: Re: [freetds] TDS versions
  • Date: Wed, 28 May 2008 10:59:52 -0700


On Wednesday, May 28, 2008, at 11:18AM, "Dossy Shiobara" <dossy AT panoptic.com>
wrote:
>On 2008.05.28, James K. Lowden <jklowden AT freetds.org> wrote:
>> Thank you for pointing out this patent. I wish I'd never read it. It
>> means that Microsoft is patenting its changes to the protocol. It is the
>> first step to preventing the creation of a compatible, interoperable
>> implementation of their protocol.
>
>Huh? Did you read this page:
>
>
> http://www.microsoft.com/about/legal/intellectualproperty/protocols/mcpp.mspx

I can't find anything there indicating that TDS is considered to be one of
the MCPP protocols. It's not in the (presumably full) list of protocols
mentioned in the license agreement for those availing themselves of the
commercial license. Perhaps it's merely a timing issue as the TDS patent is
quite recent, but I don't see that this program currently offers licenses to
anything governed by the TDS patent.

>So, you have two routes: obtain a patent license via the MCPP Licensing
>team, or for Open Source projects, you can simply accept the patent
>pledge.

IANAL, but it doesn't sound to me like it's at all compatible with the LGPL.
So even if changes to the TDS protocol governed by the new patent became
licensable under MCPP, I doubt if the FreeTDS maintainers would be interested
in all the necessary restrictions.

>This is quite pleasant, IMHO: commercial projects need to license, open
>source doesn't need to explicitly license.

That may be your opinion, but unless I'm mistaken that's completely
incompatible with the LGPL. It sure sounds to me as if, to use the MCPP
license, an open source project would have to give up the right to say who
else can use their software (and under what terms) and grant that right to
Microsoft. I wonder what Samba is doing since CIFS is included in the MCPP
protocols.

I'm no expert, and I haven't attempted to read the patent in full, but I
don't see any good news here.




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