Re:Miguel De Icaza: Microsoft promises to never sue anyone r...
by crux_ on Tuesday July 07, 2009 @10:45AM
(#691548)
I think the point here is to protect end developers: if you want to be safe from future patent issues, they are making it easier to opt out of even installing any of .NET besides the ECMA core on your development systems, thus providing a decent guarantee that even if the rug gets pulled out from under Windows.Forms or ADO.NET, your app won't be impacted.
"I say this based on discussions I had with our lawyer long ago. The issue first arose when NeXT proposed to distribute a modified GCC in two parts and let the user link them. Jobs asked me whether this was lawful. It seemed to me at the time that it was, following reasoning like what you are using; but since the result was very undesirable for free software, I said I would have to ask the lawyer.
What the lawyer said surprised me; he said that judges would consider such schemes to be "subterfuges" and would be very harsh toward them. He said a judge would ask whether it is "really" one program, rather than how it is labeled."