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FSF Files Statement on Microsoft Judgment under Tunney Act.


Business/Technology Editors and Legal Writers

WASHINGTON D.C.--(BUSINESS WIRE)--Jan. 29, 2002

Eben Moglen Eben Moglen is a professor of law and legal history at Columbia University, and is the founder, Director-Counsel and Chairman of Software Freedom Law Center, whose client list includes numerous pro bono clients, such as the Free Software Foundation. , board member and general legal counsel to the Free Software Foundation, yesterday filed a response to the Proposed Revised Final Judgment in United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area.  vs. Microsoft. The FSF FSF - Free Software Foundation  seeks to remove verbiage verbiage - When the context involves a software or hardware system, this refers to documentation. This term borrows the connotations of mainstream "verbiage" to suggest that the documentation is of marginal utility and that the motives behind its production have little to do with  added by Microsoft that we believe would eliminate the value of the settlement by preventing Free Software systems from competing effectively against Windows products.

Moglen reiterated today: "The language of the Proposed Judgment should be amended to require Microsoft to release timely and accurate API information to all parties seeking to interoperate programs with Microsoft Windows See Windows.

(operating system) Microsoft Windows - Microsoft's proprietary window system and user interface software released in 1985 to run on top of MS-DOS. Widely criticised for being too slow (hence "Windoze", "Microsloth Windows") on the machines available then.
 and applications written to work with Microsoft Windows."

The Proposed Judgment allows Microsoft to specifically block such interoperation through two specific methods. First, under the Proposed Judgment, Microsoft can keep API information out of the hands of Free Software developers through the imposition of royalty requirements. Large groups of cooperating volunteers are both logistically and financially unable to pay such royalties for access to APIs. Royalty charges for Microsoft API access would slow to a halt Windows interoperability work by their most viable competitor, the Free Software GNU/Linux operating system operating system (OS)

Software that controls the operation of a computer, directs the input and output of data, keeps track of files, and controls the processing of computer programs.
. Free Software developers have always by the nature of their development model always given unfettered access to their APIs, and we ask that Microsoft be required to do the same.

Second, the Proposed Judgment includes broad language concerning the disclosure of communications protocols. This provision is so indefinite that Microsoft will likely argue that all APIs and communications protocols connected with the security and authentication aspects of electronic commerce can be kept secret. Industry standard security practices currently demand that all such protocols be publicly known and documented. Under this Judgment, Microsoft would be permitted to keep these private from both Free Software and the public relying on them for their privacy and security.

The full FSF response to the Proposed Revised Final Judgment is available at http://www.fsf.org/philosophy/ms-doj-tunney.html.

About GNU/Linux:

GNU/Linux is the integrated combination of the GNU gnu (n) or wildebeest (wĭl`dəbēst'), large African antelope, genus Connochaetes.  operating system with the kernel, Linux, written by Linus Torvalds Linus Benedict Torvalds   (born December 28 1969 in Helsinki, Finland) is a Finnish software engineer best known for initiating the development of the Linux kernel.  in 1991.

Some people call the GNU/Linux system "Linux", but this misnomer misnomer n. the wrong name.


MISNOMER. The act of using a wrong name.
     2. Misnomers, may be considered with regard to contracts, to devises and bequests, and to suits or actions.
     3.-1.
 leads to confusion, and spreads an inaccurate picture of how, when and where the system was developed. Making a consistent distinction between GNU/Linux, the operating system, and Linux, the kernel, is the best way to clear up the confusion. See http://www.gnu.org/gnu/linux-and-gnu.html for more explanation.

About the Free Software Foundation:

The Free Software Foundation, founded in 1985, is dedicated to promoting computer users' right to use, study, copy, modify, and redistribute computer programs. The FSF promotes the development and use of Free (as in freedom) Software - particularly the GNU system and its GNU/Linux variants - and Free Documentation for Free Software. The FSF also spreads awareness of the ethical and political issues of freedom in the use of software. Their web site is located at http://www.fsf.org.
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Publication:Business Wire
Date:Jan 29, 2002
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