Microsoft and the Linux Foundation often find themselves at odds, which makes the joint letter they sent today to the American Law Institute pretty remarkable. Microsoft and The Linux Foundation raised concerns over the organization's draft "Principles of the Law of Software Contracts."
Horacio Gutierrez, corporate vice president and deputy general counsel at Microsoft, writes in a blog post titled "Different Business Models, Common Concerns:"
The mere fact that the Linux Foundation and Microsoft are joining forces may be viewed by some as remarkable, given that our differences receive far more public attention than when our interests converge. But there is a wide range of issues that affect all software developers alike.
He continues with these remarks:
Our industry is diverse and sometimes contentious, but if nothing else unites us it is that we all believe in the power of software. I hope that this represents just one of many opportunities to collaborate with the Linux Foundation and others going forward. We have a lot more we can do together.
The letter [PDF-3 pages] addresses concerns over the legal frameworks around licensing software, including issues around warranties.
"A sound, effective commercial law framework for software contracts must have several key elements. Foremost among these is flexibility," the letter says.
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