[Shootout-list] silly licenses

[Brandon J. Van Every]

Brent Fulgham wrote:
> Brandon J. Van Every wrote:
> >
> > > and trying to extract licenses to allow me to run
> > > tests. Microsoft's C# license actually prohibits
> > > someone like me from running benchmarks on their
> > > software.
> >
> > I have trouble believing that.  Please provide
> > evidence for your claim.
>
> From the .NET SDK EULA:
>
> "4 Benchmark Testing. You may not disclose the results
> of any benchmark test of the .NET Framework component
> of the Software to any third party without Microsofts
> prior written approval. "
>
> QED

First off, the point is moot.  We would be testing C# and its standard
libraries.  These are ISO standards, not the .NET Framework.  I can
assure you, that having gone over these ISO standards last year to
figure out exactly is and isn't under Microsoft's control, and 'kinda
sorta' extracting the answers from a pile of ECMA docs that didn't make
it easy to figure out, that anything we're interested in testing is ISO
standard.  All that array and list library stuff, it's all ISO standard.

Second off, I have my doubts about the legality of this clause in
various countries.  A program that simply runs and gives a bunch of
numbers is just a program.  I seriously doubt Microsoft can make such
licensing restrictions on the use of a programming library.  But IANAL.

Third off, in law, there's always the question of what happens in
practice.  The Shootout would have to become extraordinarily popular
before it came up on Microsoft's radar.  I'd hazard a guess that it
would have a corporate sponsor by then.  With lawyers.

Fourth off, the sum total of legal risk is having to remove a .NET test.
Big deal.


Cheers,                     www.indiegamedesign.com
Brandon Van Every           Seattle, WA

Taking risk where others will not.