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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So that covers my obligations. What will Microsoft do for all this money I'm expected to pay?
Send you a copy of the documentation. With the licence agreement, of course.

Wow. That's a lot of money for a piece of paper.
They will send it within ten days of receipt of a written request.

Is that all?
Oh, and you get 24 hours support.

Great, support around the clock.
Not quite. You'll get an automatic email receipt within 24 hours of logging a support call.

24 hours to get an automated email?
It will be sent through Exchange.

OK, so then what?
Then, Microsoft will try to fix any inaccuracies or omissions in the WSPP within a 'reasonable time'.

Not 24 hours then?
Probably not, no.

What if I have an implementation issue and Microsoft contends that the documentation is correct?
Microsoft can charge you at its standard rates.

And what happens when they update the WSPP?
You'll get a copy within 30 days of the commercial release of the product containing the updated specifications.

So what is to stop me passing the documentation on once I've licensed it?
Section six, which deals with confidentiality and which says you can only disclose the documentation to employees and contractors on a 'need to know' basis.

What happens if I do?
Don't. You'll end up in court.

Oh yes, which one?
The Southern District Court of New York.

Sounds expensive.
You ever tried to buy a house there?

So what is the EC's beef?
Well, aside from the level of the royalties and the specific exclusion of open source software, the EC also had concerns about the fact that the license does not have sufficient granularity. "Those taking out a licence are obliged to take out an all-in-one licence," said an EC spokesman. "They can't pick and chose so they potentially have to pay for things they don't need."

Companies need to be provided with more information by Microsoft prior to signing the agreement so they can gauge the value of the protocol information, the spokesman added. "It is very difficult for potential beneficiaries of the remedy to have access to the technical documentation necessary for them to assess whether it is worth their while to take out a licence."

Will the EC reject this?
We certainly hope so.

So where can I find a copy of the draft licence?
The full proposed server protocol licensing agreement can be found here.

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