This post refers to the Microsoft "Shared Source Inititive"
Rick Stockton "Matusau hides the BIG problem" Rick Stockton — Sat, 21 Sep 2002 22:12:39
(ZDNet News Talkback)
Posted At: 22:12 GMT 09/21/2002
And, in the usual ZDNet tradition, the ZDNet author didn't bring it up. Others have already noted that you are not allowed to change anything, but this is only problem #3 in my list). My #2 problem is the fact that only corporate organizations are allowed to sign up (individuals are not allowed). The entire corporation thus becomes liable for possible damages to Microsoft.
The BIG problem follows: In the possible situation of Microsoft Intellectual Property ("IP") "being used" in non-Microsoft software (i.e., software which Microsoft lawyers can successfully present as being derived from Microsoft IP), all of the resultant IP becomes property of Microsoft. And, under the terms of the "Shared Source" agreement, the burden of proof in any Civil Court case lies with the defendant, and NOT with Microsoft! You must prove, somehow, that you never even had the opportunity to see the M$ Source code.
In practice, I feel that M$ could often acquire entire products of legitimately developed software, simply by presenting the threat of a Civil Court lawsuit, expensive and horribly difficult for the defendant to win under the "Shared Source" license terms. In the case of many Open Source Communities, there is no "company" which could pay for defense. If an employee of a company which agreed to Microsoft terms to settle (with a plea of "no contest" or a finding of guilty) made any contributions to an Open Source product, the Open Source Software would become property of Microsoft, to conceal or re-license as they choose. It is not difficult to imagine Microsoft offering very gentle settlement terms to the "Shared Source" company, with the real objective being the destruction of a supposedly "derivative" Open Source product.
Does anyone feel that I've made any misrepresentation in these statements? If not, then it is extremely dangerous for any person with access to M$ code under the "Shared Source" program to write any Software, either for his/her own firm or for any Open Source Community. These terms basically constitute a Microsoft "License to Kill". Although a Person has a right to be presumed innocent until proven guilty (even in civil court), a non-person (i.e., the COMPANY or ORGANIZATION) can waive that right via contract. And once the company fails to PROVE itself innocent, all "derivative" works become property of Microsoft. All your softwares are belong to us!
o0o