Mandriva's François Bancilhon and his weeny Letter to Steve Balmer

Ok assuming that François sent this to Steve it's ballsy, a little weeny but ballsy. After I repost his letter for you all to read, I'll rewrite it to reflect what I would have said.

Dear Steve,

Hi, this is François, from Mandriva.

I’m sure we’re way too small for you to know me. You know, we’re one of these tiny Linux company working hard for our place on the market. We produce a Linux Distro, Mandriva Linux. The last edition, Mandriva 2008 was seen as a pretty good version and we’re proud of it. You should give it a spin, I’m sure you’d like it. We also happen to be one of the Linux companies that did not sign an agreement with your company (nobody’s perfect).

We recently closed a deal with the Nigerian Government. Maybe you heard about it, Steve. They were looking for an affordable hardware+software solution for their schools. The initial batch was 17,000 machines. We had a good answer to their need: the Classmate PC from Intel, with a customized Mandriva Linux solution. We presented the solution to the local government, they liked the machine, they liked our system, they liked what we offered them, the fact that it was open, that we could customize it for their country and so on.

Then your people entered the game and the deal got more competitive. I would not say it got dirty, but someone could have said that. They fought and fought the deal, but still the customer was happy to get CMPC and Mandriva.

So we closed the deal, we got the order, we qualified the software, we got the machine shipped. In other word, we did our job. I understand the machine are being delivered right now.

And then, today, we hear from the customer a totally different story: “we shall pay for the Mandriva Software as agreed, but we shall replace it by Windows afterward.”

Wow! I’m impressed, Steve! What have you done for these guys to change their mind like this? It’s pretty clear to me, and it will be clear to everyone. How do you call what you just did Steve, in the place where you live? In my place, they give it various names, I’m sure you know them.

Hey Steve, how do you feel looking at yourself in the mirror in the morning?

Of course, I will keep fighting this one and the next one, and the next one. You have the money, the power, and maybe we have a different sense of ethics you and I, but I believe that hard work, good technology and ethics can win too.

cheers

François

PS: a message to our friends in Nigeria: it’s still time to do the right thing and make the right choice, you will get lots of support for it and excellent services!

Now here is how I would have went about it...

Dear Steve:

You rat bastard. What in the hell do you think you are doing! Look, once a deal is made you don't go and make another deal behind the scenes. What did you tell them that they would have to pay you anyway because of some bullshit patient. The last thing that CHILDREN need is for some "adult" to be making threats to their school. Schools need to be free to share and help others. What are they supposed to tell those children, "you need to share your toys, snacks, etc., but don't share software because if you do you are going to be sued." Great message dickwad.

Cheers,
threethirty

OSI Approves Microsoft License Submissions

Via OpenSource.Org:
The OSI Board today approved the Microsoft Public License (Ms-PL) and the Microsoft Reciprocal License (Ms-RL). The decision to approve was informed by the overwhelming (though not unanimous) consensus from the open source community that these licenses satisfied the 10 criteria of the Open Source definition, and should therefore be approved.

The formal evaluation of these licenses began in August and the discussion of these licenses was vigorous and thorough. The community raised questions that Microsoft (and others) answered; they raised issues that, when germane to the licenses in question, Microsoft addressed. Microsoft came to the OSI and submitted their licenses according to the published policies and procedures that dozens of other parties have followed over the years. Microsoft didn't ask for special treatment, and didn't receive any. In spite of recent negative interactions between Microsoft and the open source community, the spirit of the dialogue was constructive and we hope that carries forward to a constructive outcome as well.

The Open Source Initiative is best known as the steward of the Open Source Definition and for its license review process. But, an open source license is just the starting point. Open source depends upon code (which can be made better), community (which can be made larger), and ultimately a commitment to the idea that the more free the market is for innovation, the more innovation the market can deliver.

Every approval that OSI issues represents our community's demand for more open-source code, a larger and more vital open-source community, and all the benefits open source brings to innovation in a free market. The new Ms-PL and Ms-RL are no exceptions.

From what I have read from these licenses they seem to be very forward thinking for Microsoft. I'm no sure how this will keep Steve "Monkey-Boy" Balmer from running his trap about Linux and other FOSS projects but maybe this can be a new era for Microsoft. I plan to keep microsuck.com in the bookmarks just in case though

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Here we go again

This is looking like SCO 2.0, from Ars,

Patent holding company IP Innovation has filed a patent infringement suit against Linux distributors Novell and Red Hat. The patent, which describes a "user interface with multiple workspaces for sharing display system objects," dates back to 1987 and originated in Xerox's PARC labs.

IP Innovation seeks damages and injunctive relief. "Red Hat's and Novell's infringement, contributory infringement and inducement to infringe has injured Plaintiffs and Plaintiffs are entitled to recover damages adequate to compensate them for such infringement, but in no event less than a reasonable royalty," reads the complaint.

The Linux vendors aren't the only companies that have been on the receiving end of lawsuits for allegedly infringing this particular user interface patent. In April, IP Innovation sued Apple and demanded $20 million in damages. Apple eventually settled with the company for an undisclosed amount.

IP Innovation, which is a subsidiary of the Acacia Research Corporation, develops no products of its own. Acacia owns over 140 patents in 38 separate categories, accumulating patents and generating all of its revenue from licensing and litigation. Such companies are generally referred to as "patent trolls" because the manner in which they take advantage of the patent system is broadly considered detrimental to innovation.

Many companies that invest heavily in Linux development have long anticipated patent threats against the operating system, but the defensive measures in place might not be enough to stop this threat. Consider, for instance, the Open Invention Network (OIN), which was originally devised to deter patent litigation by establishing a vehicle for severe retaliation. As critics of the OIN have pointed out in the past, a defensive patent portfolio doesn't provide protection from companies that do not develop products because there is no basis on which to sue them. The OIN's powerful patent portfolio cannot be used to force IP Innovation into a cross-licensing agreement because IP Innovation has no need to license the patents held by others.

and here is a link to the patient itself