Hallam-Baker, Phillip wrote:
Ahh. Yes, I missed that. I think the GPL specifically answers this
question:
http://www.fsf.org/copyleft/gpl.html
"Finally, any free program is threatened constantly by
software patents.
We wish to avoid the danger that redistributors of a free
program will
individually obtain patent licenses, in effect making the program
proprietary. To prevent this, we have made it clear that
any patent must
be licensed for everyone's free use or not licensed at all."
Sender-ID is licensed for everyone's free use and it is not
necessary for individual users or distributors of the program
to obtain independent licenses.
Royalty-free does not mean "free". In exchange for one of these
licenses, you give up significant rights.
It is very clear to me that the SenderID license is not a
genuine impediment here. The impediments are being created by
people who want to see them.
Perhaps you haven't read Microsoft's updated Sender-ID license FAQ:
Q15: Is Microsoft s Royalty Free Sender ID Patent License compatible
with the GPL?
A: Unlike other open source software licenses, the GPL includes a
provision that appears to prohibit the distribution of code that is
subject to patent licenses that are not sub-licensable and/or are
limited for a particular purpose like implementing a specification.
While almost all open source licenses require that the code be freely
modifiable and redistributable with or without modification, only the
GPL appears to expressly prohibit distribution of code if those
requirements can not be satisfied. Microsoft's Royalty Free Sender ID
Patent License Agreement does not prohibit the use of any open source
license including the GPL. However, because the Royalty Free Sender ID
Patent License Agreement is offered for implementation, distribution and
use of the specification, Microsoft believes that the GPL would prohibit
the distribution of this patented technology.
(Although I believe that use of this text falls under 'fair use', I may
be in violation of Microsoft's copyrights by pasting this excerpt from
their FAQ. To mitigate my own and your liability, please snip this
section from any replies)