*BSD News Article 86316


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Newsgroups: comp.unix.bsd.freebsd.misc
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From: uhclem@nemesis.lonestar.org (Frank Durda IV)
Subject: Re: /etc/apple (was Re: Pentium Pro and FreeBSD)
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Date: Sun, 5 Jan 1997 17:47:52 GMT
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Ian Huang (huang@odin.egate.net) wrote:
: I also heard that Apple has already been licenced for the Windows 95 OS 
: and it is trying to get a licence for WinNT from MS. What was that about?

Seems unlikely, since the Windows '95 OEM license states that Microsoft
gets free and royalty-free access to all of the OEMs patents, and that
all other licensees of Windows '95 OEM also have access to your
patents for free.   This license effectively revokes US Patent law for
PC companies wanting to stay in business.   Sneaky.

This is one of the reasons some OEMs waited until just hours before
the launch date before caving in and signing the Windows '95 license.
Millions of dollars in royalties one OEM was collecting from another
over all sorts of patents would be void.  When TI signed up, some
other OEMs rushed to sign up simply to avoid being sued by TI over
the power-on diagnostic patent (originally for a microwave oven) that
TI keeps using against PC makers that appear to have money.

So if Apple did sign up, AST could use Apples patents and vice versa
and Microsoft could use both Apples and AST patents.  The agreement
DOES not give the OEMs access to ANY of Microsofts patents.  That
would be fair so we can't have that.

Microsoft claims that only patents pertaining or related to technology
in or required by Windows '95 are nullified by their license, but that's
a pretty broad statement.  Shoot the power supply is somewhat required
to run Windows '95.

One company I know effectively avoided the patent vacuum by creating a
new company for "software", and had it sign the Windows '95 license,
thus leaving the real companies modest patent portfolio undamaged.
Any patents the software company files are filed under the name of the
"real" company.


Of course, now Microsoft has now decreed that no Microsoft applications
may be run on non-Microsoft operating systems (read: emulators).  Read
the new license agreement.  Even the Beta tester agreement is like this.
Gee, these emulators must be better than we thought if they were enough
of a bother to draw any attention.

Microsoft also now says that none of their development tools and compilers
may be used to build software that will run on non-Microsoft operating
systems.  That'll make building portable Java applications a trick using
Microsofts stuff, or writing PC BIOS code.  :-)

Honest, Microsoft isn't a monopoly!  :-)


Frank Durda IV <uhclem@nemesis.lonestar.org>|"Ah, is the whittle bitty 
or uhclem%nemesis@rwsystr.nkn.net           | Microsoft afrayed of those nasty
					    | API emulators?   Bad emulators!
or ...letni!rwsys!nemesis!uhclem	    | Don't you go scaring Bill!"
(c) 1997, ask before reprinting.