Criticism of Microsoft - Copyright Enforcement

Copyright Enforcement

When Microsoft discovered that its first product, Altair BASIC, was subject to widespread illegal copying, Microsoft founder Bill Gates wrote an Open Letter to Hobbyists that openly accused many hobbyists of stealing software. Gates's letter provoked many responses, with some hobbyists objecting to the broad accusation, and others supporting the principle of compensation. This disagreement over whether software should be proprietary continues into the present day under the banner of the free software movement, with Microsoft characterizing free software released under the terms of the GPL as being "potentially viral" and the GNU General Public License itself as a "viral license" which "infects" proprietary software and forces its developer to have to release proprietary source to the public.

The Halloween documents, internal Microsoft memos which were leaked to the open source community beginning in 1998, indicate that some Microsoft employees perceive "open source" software — in particular, Linux — as a growing long-term threat to Microsoft's position in the software industry. The Halloween documents acknowledged that parts of Linux are superior to the versions of Microsoft Windows available at the time, and outlined a strategy of "de-commoditize protocols & applications." Microsoft stated in its 2006 Annual Report that it was a defendant in at least 35 patent infringement lawsuits. The company's litigation expenses for April 2004 through March 2007 exceed $4.3 billion: over $4 billion in payouts, plus $300 million in legal fees.

Another concern of critics is that Microsoft may be using the distribution of shared source software to harvest names of developers who have been exposed to Microsoft code, as some believe that these developers could someday be the target of lawsuits if they were ever to participate in the development of competing products. This issue is addressed in published papers from several organizations including the American Bar Association and the Open Source Initiative.

Starting in the 1990s, Microsoft was accused of maintaining "hidden" or "secret" APIs: interfaces to its operating system software that it deliberately keeps undocumented to gain a competitive advantage in its application software products. Microsoft employees have consistently denied this; they claim that application developers inside and outside Microsoft routinely reverse-engineered DOS and 16-bit versions of Windows without any inside help, creating legacy support problems that far exceeded any alleged benefit to Microsoft. In response to court orders, Microsoft has published interfaces between components of its operating system software, including components like Internet Explorer, Active Directory, and Windows Media that sell as part of Windows but compete with application software.

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