RE: Microsoft and free speech

["Richard M. Smith" <rms () computerbytesman com>]

Looks like I'm still headed for jail. ;-)  I didn't comply with most of
these requirements.  Is this all really necessary?

I also wonder if any of these guys will be joining me in jail:

   http://portal.acm.org/citation.cfm?id=1084834.1084862

   http://www.codeproject.com/dotnet/vbvscsmsil.asp

   http://www.123aspx.com/redir.aspx?res=30527

Richard

*You may conduct internal benchmark testing of the .NET Framework component
of the OS Components (".NET Component"). You may disclose the results of any
benchmark test of the .NET Component, provided that you comply with the
following terms: (1) you must disclose all the information necessary for
replication of the tests, including complete and accurate details of your
benchmark testing methodology, the test scripts/cases, tuning parameters
applied, hardware and software platforms tested, the name and version number
of any third party testing tool used to conduct the testing, and complete
source code for the benchmark suite/harness that is developed by or for you
and used to test both the .NET Component and the competing
implementation(s); (2) you must disclose the date(s) that you conducted the
benchmark tests, along with specific version information for all Microsoft
software products tested, including the .NET Component; (3) your benchmark
testing was performed using all performance tuning and best practice
guidance set forth in the product documentation and/or on Microsoft's
support web sites, and uses the latest updates, patches and fixes available
for the .NET Component and the relevant Microsoft operating system; (4) it
shall be sufficient if you make the disclosures provided for above at a
publicly available location such as a website, so long as every public
disclosure of the results of your benchmark test expressly identifies the
public site containing all required disclosures; and (5) nothing in this
provision shall be deemed to waive any other right that you may have to
conduct benchmark testing. The foregoing obligations shall not apply to your
disclosure of the results of any customized benchmark test of the .NET
Component, whereby such disclosure is made under confidentiality in
conjunction with a bid request by a prospective customer, such customer's
application(s) are specifically tested and the results are only disclosed to
such specific customer. Notwithstanding any other agreement you may have
with Microsoft, if you disclose such benchmark test results, Microsoft shall
have the right to disclose the results of benchmark tests it conducts of
your products that compete with the .NET Component, provided it complies
with the same conditions above.

Richard
 

-----Original Message-----
From: Jason Geffner [mailto:jasongef () microsoft com] 
Sent: Saturday, February 11, 2006 2:32 PM
To: rms () computerbytesman com; funsec () linuxbox org
Subject: RE: [funsec] Microsoft and free speech

Richard,

This disclaimer came as a surprise to me. I did some investigation and found
that there is an updated EULA at
http://msdn.microsoft.com/library/default.asp?url=/library/en-us/dnnetde
p/html/redisteula.asp which does permit you to disclose your results under
certain terms.

The FAQ that you linked to and quoted below will get updated.

- Jason
 

-----Original Message-----
From: funsec-bounces () linuxbox org [mailto:funsec-bounces () linuxbox org]
On Behalf Of rms () computerbytesman com
Sent: Saturday, February 11, 2006 8:12 AM
To: funsec () linuxbox org
Subject: [funsec] Microsoft and free speech

Hi,

Yikes.  I wrote a benchmark program which measures the overhead of a
JavaScript program calling into a .NET class.  The numbers were extremely
small and I was quite impressed with how Microsoft was able to make COM and
.NET play together so well.  However, it now looks like I have to go to jail
since this testing may have violated the .NET license agreement because I
told other people how well .NET performs. 
 
Richard M. Smith

===============================================

http://msdn.microsoft.com/subscriptions/faq/default.aspx
 
Can I benchmark the Microsoft .NET Framework? 

Yes. As per the licensing agreement customers can setup and run their own
benchmarks of the .NET framework for technical evaluation purposes. You may
not disclose the results of any benchmark test of the .NET Framework to any
external third party outside your organization without Microsoft's prior
written approval. You can e-mail benchnet () microsoft com for more specific
details on obtaining this approval.

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