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+<!--#include virtual="/server/header.html" -->
+<!-- Parent-Version: 1.79 -->
+<title>Microsoft's New Monopoly
+- GNU Project - Free Software Foundation</title>
+<!--#include virtual="/philosophy/po/microsoft-new-monopoly.translist" -->
+<!--#include virtual="/server/banner.html" -->
+<h2>Microsoft's New Monopoly</h2>
+
+<p>by <a href="http://www.stallman.org/"><strong>Richard Stallman</strong></a></p>
+
+<blockquote>
+<p>This article was written in July 2005. Microsoft adopted a
+different policy in 2006, so the specific policies described below and
+the specific criticisms of them are only of historical significance.
+The overall problem remains, however:
+<a href="https://web.archive.org/web/20120831070708/http://www.grokdoc.net/index.php/EOOXML_objections#Patent_rights_to_implement_the_Ecma_376_specification_have_not_been_granted">
+Microsoft's cunningly worded new policy does not give anyone clear
+permission to implement OOXML.</a>
+</p>
+</blockquote>
+
+<p>European legislators who endorse software patents frequently claim
+that those wouldn't affect free software (or &ldquo;open
+source&rdquo;). Microsoft's lawyers are determined to prove they are
+mistaken.</p>
+
+<p>Leaked internal documents in 1998 said that Microsoft considered
+the free software GNU/Linux operating system (referred to therein as
+&ldquo;Linux&rdquo;) as the principal competitor to Windows, and spoke
+of using patents and secret file formats to hold us back.</p>
+
+<p>Because Microsoft has so much market power, it can often impose
+new standards at will. It need only patent some minor idea, design
+a file format, programming language, or communication protocol
+based on it, and then pressure users to adopt it. Then we in the
+free software community will be forbidden to provide software that
+does what these users want; they will be locked in to Microsoft,
+and we will be locked out from serving them.</p>
+<p>Previously Microsoft tried to get its patented scheme for
+spam blocking adopted as an Internet standard, so as to exclude free
+software from handling email. The standards committee in charge
+rejected the proposal, but Microsoft said it would try to convince
+large <abbr title="Internet service provider">ISP</abbr>s to use the
+scheme anyway.</p>
+
+<p>Now Microsoft is planning to try something similar for Word
+files.</p>
+
+<p>Several years ago, Microsoft abandoned its documented format for
+saving documents, and switched to a new format which was secret.
+However, the developers of free software word processors such as
+AbiWord and OpenOffice.org experimented assiduously for years to
+figure out the format, and now those programs can read most Word
+files. But Microsoft isn't licked yet.</p>
+
+<p>The next version of Microsoft Word will use formats that involve a
+technique that Microsoft claims to hold a patent on. Microsoft offers
+a royalty-free patent license for certain limited purposes, but it is
+so limited that it does not allow free software. Here is <a
+href="https://docs.microsoft.com/en-us/previous-versions/gg463420(v=msdn.10)">
+the license</a>.</p>
+
+<p>Free software is defined as software that respects four
+fundamental freedoms: (0) freedom to run the software as you wish,
+(1) freedom to study the source code and modify it to do what you
+wish, (2) freedom to make and redistribute copies, and (3) freedom
+to publish modified versions. Only programmers can directly
+exercise freedoms 1 and 3, but all users can exercise freedoms 0
+and 2, and all users benefit from the modifications that
+programmers write and publish.</p>
+
+<p>Distributing an application under Microsoft's patent license
+imposes license terms that prohibit most possible modifications of the
+software. Lacking freedom 3, the freedom to publish modified versions,
+it would not be free software. (I think it could not be &ldquo;open
+source&rdquo; software either, since that definition is similar; but
+it is not identical, and I cannot speak for the advocates of open
+source.)</p>
+
+<p>The Microsoft license also requires inclusion of a specific
+statement. That requirement would not in itself prevent the program
+from being free: it is normal for free software to carry license
+notices that cannot be changed, and this statement could be included
+in one of them. The statement is biased and confusing, since it uses
+the term &ldquo;intellectual property&rdquo;; fortunately,
+one is not required to endorse the statement as true or even meaningful, only to
+include it. The software developer could cancel its misleading effect
+with a disclaimer like this: &ldquo;The following misleading statement
+has been imposed on us by Microsoft; please be advised that it is
+propaganda. See <a href="/philosophy/not-ipr.html">
+http://www.gnu.org/philosophy/not-ipr.html</a> for more
+explanation.&rdquo;</p>
+
+<p>However, the requirement to include a fixed piece of text is
+actually quite cunning, because anyone who does so has explicitly
+accepted and applied the restrictions of the Microsoft patent
+license. The resulting program is clearly not free software.</p>
+
+<p>Some free software licenses, such as the most popular GNU General
+Public License (GNU GPL), forbid publication of a modified version if it isn't
+free software in the same way. (We call that the &ldquo;liberty or
+death&rdquo; clause, since it ensures the program will remain free or
+die.) To apply Microsoft's license to a program under the GNU GPL
+would violate the program's license; it would be illegal. Many other
+free software licenses permit nonfree modified versions. It wouldn't
+be illegal to modify such a program and publish the modified version
+under Microsoft's patent license. But that modified version, with its
+modified license, wouldn't be free software.</p>
+
+<p>Microsoft's patent covering the new Word format is a US patent.
+It doesn't restrict anyone in Europe; Europeans are free to make
+and use software that can read this format. Europeans that develop
+or use software currently enjoy an advantage over Americans:
+Americans can be sued for patent infringement for their software
+activities in the US, but the Europeans cannot be sued for their
+activities in Europe. Europeans can already get US software patents
+and sue Americans, but Americans cannot get European software
+patents if Europe doesn't allow them.
+</p>
+
+<p>All that will change if the European Parliament authorizes
+software patents. Microsoft will be one of thousands of foreign
+software patent holders that will bring their patents over to
+Europe to sue the software developers and computer users there. Of
+the 50,000-odd putatively invalid software patents issued by the
+European Patent Office, around 80 percent do not belong to Europeans. The
+European Parliament should vote to keep these patents invalid, and
+keep Europeans safe.</p>
+
+<p>
+[2009 note]: the EU directive to allow software patents was
+rejected, but the European Patent Office has continued issuing them
+and some countries treat them as valid.
+See <a href="http://ffii.org"> ffii.org</a> for more information and
+to participate in the campaign against software patents in Europe.
+</p>
+
+</div><!-- for id="content", starts in the include above -->
+<!--#include virtual="/server/footer.html" -->
+<div id="footer">
+<div class="unprintable">
+
+<p>Please send general FSF &amp; GNU inquiries to
+<a href="mailto:gnu@gnu.org">&lt;gnu@gnu.org&gt;</a>.
+There are also <a href="/contact/">other ways to contact</a>
+the FSF. Broken links and other corrections or suggestions can be sent
+to <a href="mailto:webmasters@gnu.org">&lt;webmasters@gnu.org&gt;</a>.</p>
+
+<p><!-- TRANSLATORS: Ignore the original text in this paragraph,
+ replace it with the translation of these two:
+
+ We work hard and do our best to provide accurate, good quality
+ translations. However, we are not exempt from imperfection.
+ Please send your comments and general suggestions in this regard
+ to <a href="mailto:web-translators@gnu.org">
+ &lt;web-translators@gnu.org&gt;</a>.</p>
+
+ <p>For information on coordinating and submitting translations of
+ our web pages, see <a
+ href="/server/standards/README.translations.html">Translations
+ README</a>. -->
+Please see the <a
+href="/server/standards/README.translations.html">Translations
+README</a> for information on coordinating and submitting translations
+of this article.</p>
+</div>
+
+<!-- Regarding copyright, in general, standalone pages (as opposed to
+ files generated as part of manuals) on the GNU web server should
+ be under CC BY-ND 4.0. Please do NOT change or remove this
+ without talking with the webmasters or licensing team first.
+ Please make sure the copyright date is consistent with the
+ document. For web pages, it is ok to list just the latest year the
+ document was modified, or published.
+
+ If you wish to list earlier years, that is ok too.
+ Either "2001, 2002, 2003" or "2001-2003" are ok for specifying
+ years, as long as each year in the range is in fact a copyrightable
+ year, i.e., a year in which the document was published (including
+ being publicly visible on the web or in a revision control system).
+
+ There is more detail about copyright years in the GNU Maintainers
+ Information document, www.gnu.org/prep/maintain. -->
+
+<p>Copyright &copy; 2005, 2009, 2015, 2016, 2020 Richard Stallman</p>
+
+<p>This page is licensed under a <a rel="license"
+href="http://creativecommons.org/licenses/by-nd/4.0/">Creative
+Commons Attribution-NoDerivatives 4.0 International License</a>.</p>
+
+<!--#include virtual="/server/bottom-notes.html" -->
+
+<p class="unprintable">Updated:
+<!-- timestamp start -->
+$Date: 2020/07/17 18:55:12 $
+<!-- timestamp end -->
+</p>
+</div>
+</div>
+</body>
+</html>