Microsoft's draft licence, step by step

• Tags:
• Antitrust,
• EU

Ingrid Marson and Matt Loney ZDNet.co.uk

Published: 18 Mar 2005 18:10 GMT

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Presumably this licence refers to Windows Server 2003. What about future releases of Windows?
Microsoft says it will make WSPP documentation available in a 'timely manner'.

Oh yes? What's that then?
It doesn't say.

Are there any other surprises in there?
Yes, if Microsoft implements any content protection mechanism in the WSPP protocol (part of what it calls its System Integrity Specifications), then you must also build that into your software. You will have 120 days after Microsoft publishes these System Integrity Specifications to conform.

Content protection mechanism? What does that mean?
Microsoft says it could be anything from anti-piracy systems and antivirus technology to licence enforcement mechanisms, authentication security and intellectual property mechanisms (presumably digital rights management).

So how will Microsoft know what we've done with the WSPP anyway?
It will ask for an audit trail. You will have to keep copies of all EULAs, and other agreements such as non-disclosure agreements. Within 14 days of a request from Microsoft, you will have to provide these to a Microsoft-selected auditor.

How do I know Microsoft won't use this as an excuse to glean confidential information about my business relationships?
Microsoft says its auditor(s) will use all due care to guard confidentiality of the information.

Can I trust that?
This is Microsoft.

Good point. So anyway, is there anything else I'll have to provide?
Yes. Source code of your applications that implement the WSPP to an independent company designated by Microsoft, who will be able to compile the code and make as many copies as they like.

How do I know Microsoft won't look at the source code?
Because the company says so.

Sounds like Microsoft's version of open source is your source code opened for them?
Now you're just being cynical.

Can I trust that?
See above.

What if the audit finds anything wrong?
You'll have to pay the costs of the audit, up to $50,000.

And beyond that?
Take all commercially reasonable steps to correct that non-compliance. And then Microsoft may still take you to court.

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