[Am-info] STATES SEEK MICROSOFT WINDOWS SOURCE CODE

[Sujal Shah]

On Fri, 2002-02-15 at 02:22, Mitch Stone wrote:
[SNIP]
> 
> Microsoft is caught in a real logical dilemma here. How can they claim 
> that Windows is one, big trade secret, but at the same time insist that 
> Windows is also an equal-opportunity operating system -- when only they 
> really know how it works?
> 
> On Thursday, February 14, 2002, at 01:40 PM, Erick Andrews wrote:
> 
> "This is the equivalent of demanding of Coke that they turn
> over the formula," said Andrew Gavil, a professor of antitrust
> law at Howard University. "This is exactly what Microsoft
> wanted to avoid."
> 


I'd actually say that the premise isn't entirely faulty (though I think
I'm saying the same thing as Mitch). It *would* be like Coke turning
over the formula... What makes the coke scenario different is that there
aren't a multitude of laws that protect coke from people duplicating a
formula (you can't patent or copyright a recipe).

In Microsoft's case, even if I see the source code, I don't have license
to use it, since the source release would presumably be made under some
sort of license.

Of course, some forms of shrink wrap licensing is coming under scrutiny
(/. had a story about a CA court or federal court overturing yet another
license, but I don't remember the details).

Sujal

>    Mitch Stone
>    mitch@accidentalexpert.com
> 
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