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Alleged GPL violation downs Win 7 tool

Alleged GPL violation downs Win 7 tool

The code used in Microsoft's Windows 7 USB/DVD Download Tool bears a striking resemblance to that used in a GPL licensed project.

Microsoft has removed access to its Windows 7 USB/DVD Download Tool following reports that it used code licensed under the GPL without permission.

The allegations of the use of code covered under the GNU General Public License - which is a popular open-source licence, allowing re-use of the code providing the code or modifications thereof are also licensed under the same terms - were made by Rafael Rivera - via neowin.net - who spotted the issue when "poking through the UDF-related internals of the Windows 7 USB/DVD Download Tool."

Rivera claims that "a simple search of some method names and properties, gleaned from Reflector's output, revealed the source code was obviously lifted from the CodePlex-hosted [...] GPLv2-licensed ImageMaster project."

While Microsoft hasn't made any official statement regarding the GPL licensed code, company spokesperson Mary Jo Foley has said that "Microsoft is looking into this issue and is taking down the WUDT tool from the Microsoft Store site until its investigations are complete."

While there is nothing wrong per se with Microsoft using GPL-licensed code in its software - after all, the very heart of the open-source ethos is in encouraging code reuse and not re-inventing the wheel - the terms of the licence are very specific: use of code from a GPL-licensed project must include a disclaimer as to its use along with a copy of the source code licensed under the same terms. By violating this, and by replacing the rights granted by the GPL with its own more restrictive terms and conditions, Microsoft has lost the right to use and redistribute the code.

Do you believe that Microsoft should have thought twice before using code from a GPL project in its products, or was this a simple human error somewhere? Did you expect better from a company which often rigidly enforces its own licensing conditions? Share your thoughts over in the forums.

20 Comments

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Phil Rhodes 11th November 2009, 13:43 Quote
Quote:
the very heart of the open-source ethos is in encouraging code reuse and not re-inventing the wheel

Quite the opposite.

GPL is all about showing off how clever you've been then spitefully forcing people to re-invent said circular rotary object unless they're capable of living on fresh air and sleeping in a cardboard box. Which is so fatuous it makes me weep.
steveo_mcg 11th November 2009, 13:57 Quote
/Phil reminds me why he's on my ignore list


Its good that MS have responded quickly and taken it at least semi seriously.
sear 11th November 2009, 14:22 Quote
Honestly, it's probably not so malicious as it is a case of a lazy programmer who didn't want to come up with his own methods to do something. I doubt Microsoft will keep things as they are, just as I doubt that guy will keep his job.
perplekks45 11th November 2009, 14:44 Quote
The good artists imitate, the great artists steal.
bobwya 11th November 2009, 16:51 Quote
this article made me chuckle... a little bit.
aradreth 11th November 2009, 18:00 Quote
Quote:
Originally Posted by Phil Rhodes
Quite the opposite.

GPL is all about showing off how clever you've been then spitefully forcing people to re-invent said circular rotary object unless they're capable of living on fresh air and sleeping in a cardboard box. Which is so fatuous it makes me weep.
Tell that to Redhat and it's employees.
aggies11 11th November 2009, 19:48 Quote
Maybe the originator of the code (contributor to the ImageMaster project) also worked on the Windows 7 USB/DVD Download tool? If so, then as the copyright holder he has the right to re-use the code under a different license. Of course that is a very big "if". But innocent until proven guilty, right?
TomH 11th November 2009, 21:03 Quote
Quote:
Originally Posted by aradreth
Quote:
Originally Posted by Phil Rhodes
Quite the opposite.

GPL is all about showing off how clever you've been then spitefully forcing people to re-invent said circular rotary object unless they're capable of living on fresh air and sleeping in a cardboard box. Which is so fatuous it makes me weep.
Tell that to Redhat and it's employees.
How about Canonical? Sun?

*Must stop feeding trolls*.
Phil Rhodes 12th November 2009, 02:03 Quote
Now with Sun, you might actually have a point.
Vigilante 12th November 2009, 09:47 Quote
On Windows XP this tool connects to the internet and downloads the GPL ImageMaster software the entire issue is about. On Vista and Windows 7, it doesn't - The ImageMaster components must be built into win7/vista. Now, I'm with most people thinking this is a little extreme, obviously Microsoft shouldn't have done it, but maybe someone simply dropped the ball with the terms distributed with it - the app is free, after all, and I doubt it uses anything Microsoft would determine as being "secret", so I'm expecting this to just blow over. The fact that certain Imagemaster components must be built into Windows Vista and Windows 7 though, that's what has me a little concerned - Maybe Microsoft asked permission from the ImageMaster devs to distribute it with Windows, and assumed it would allow them to use the code in windows-related tools and apps as well?

Either way, I'll be interested to see how it pans out, but I doubt much will happen because of it.
Phil Rhodes 12th November 2009, 13:39 Quote
Quote:
the app is free, after all,

That's the whole thing for me, really. It's free - but you can't use it. Great, well done, GPL people, you're very clever - you've created code and put rules on it that prevent people actually using it! Fantastic, I'm very impressed. Genius. I wish I'd thought of that.
dyzophoria 12th November 2009, 18:28 Quote
sad, it was a nice tool though, sometimes I just cant help but wonder if these opensource people (or such) are just biased with a closed-source software giant like MS, just wondering,lol
steveo_mcg 12th November 2009, 22:01 Quote
Honestly what would happen if MS found some of its code in a os project?
deadrats 13th November 2009, 01:01 Quote
Quote:
Originally Posted by Phil Rhodes

That's the whole thing for me, really. It's free - but you can't use it. Great, well done, GPL people, you're very clever - you've created code and put rules on it that prevent people actually using it! Fantastic, I'm very impressed. Genius. I wish I'd thought of that.

it's really not that hard to understand, the software is free to use and free to modify, but just as you were permitted to use and modify the code so to must you allow others to use and modify said code (and in the case of the GPL, derivative works as well), you can't take the code, make it closed source, claim rights to it you don't have and prevent others from using it.

think of it as analogous to the "take a penny, leave a penny" tray, you are free to take a penny if you need it but you can't claim ownership of the tray nor can you try and prevent others from taking a penny and it would be nice if you left a penny at some point so that when someone else needs one it will be available for them.

same thing with gpl'd software, use it, modify it, but if you do don't tray and claim rights to the software because it belongs to everyone.
gnutonian 13th November 2009, 01:39 Quote
Quote:
Originally Posted by Phil Rhodes
That's the whole thing for me, really. It's free - but you can't use it. Great, well done, GPL people, you're very clever - you've created code and put rules on it that prevent people actually using it! Fantastic, I'm very impressed. Genius. I wish I'd thought of that.
You're a real genius, aren't you? The point of the GPL is to protect free software - to keep it free. These evil GPL people have done exactly the opposite of what you accuse them of: they have made sure that everyone can use the software as they please. Use it, modify it, share it, ... It's a geek's heaven.

If I spend my time developing a free program, I want it to remain free. I don't want anyone (private person or company) using my code in their proprietary projects. I wrote it for the benefit of the people (wow, that sounds quite commie), and I assume modifications will be of even more benefit to at least some people. That is why non-free software (bar one driver, to my shame - because I'm too cheap to buy a new graphics card) is forbidden in this house.
People who want to write proprietary software can write their own ****ing code. Free software has to remain free. With free software, everybody wins.

If you don't understand free software or its purpose, stay out of GPL-related topics.

However, personally I am convinced this is one employee being lazy and nicking code; not Microsoft's policy.
Vigilante 13th November 2009, 08:38 Quote
Quote:
Originally Posted by steveo_mcg
Honestly what would happen if MS found some of its code in a os project?

That would be much different - in order for the code to be part of an open source project the code must have been obtained illegally - either by decompiling current software or by somehow gaining access to the source. With OS projects, you are given the source and only asked to make it available to anyone else, + modifications.
steveo_mcg 13th November 2009, 09:48 Quote
Quote:
Originally Posted by dyzophoria
sad, it was a nice tool though, sometimes I just cant help but wonder if these opensource people (or such) are just biased with a closed-source software giant like MS, just wondering,lol
Quote:
Originally Posted by steveo_mcg
Honestly what would happen if MS found some of its code in a os project?
Quote:
Originally Posted by Vigilante
That would be much different - in order for the code to be part of an open source project the code must have been obtained illegally - either by decompiling current software or by somehow gaining access to the source. With OS projects, you are given the source and only asked to make it available to anyone else, + modifications.

My quote was in response to dyzophoria wondering if opensource is biased to closed source and asking him what he thinks ms would do if they found some of their code in a gpl project
Shagbag 13th November 2009, 15:18 Quote
It always amazes me that people who are ignorant of what the GPL says always feel as thought they have the right to judge it. Then again, stupidity is a renewable resource.
Cthippo 14th November 2009, 00:37 Quote
Quote:
Originally Posted by Shagbag
Then again, stupidity is a renewable resource.

In the same way garbage is a renewable resource :P
quack 11th December 2009, 01:35 Quote
And the tool is back up, now licensed under the GPL @ http://wudt.codeplex.com/
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