funsec mailing list archives

RE: Microsoft and free speech


From: "Larry Seltzer" <larry () larryseltzer com>
Date: Sat, 11 Feb 2006 20:40:41 -0500

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.

As I recall, the NY DA went after McAfee/Network Associates because of 
a similar "gag cluase" against publishing comparative reviews involving 
the McAfee AV products and McAfee lost (or settled out of court before 
it finally made it to trial??).

It's the database server industry that pioneered this nonsense, going back
into the 80's. I've worked on database performance stories where we really
struggled with whether to include vendors like Sybase. I think this sort of
prohibition became S.O.P. for database companies in the 90's. 

I agree with Nick that it's probably unenforcable, but it mostly exists to
intimidate people out of trying because all the software companies involved
have enough legal staff to make you miserable even if you think you can beat
it. This is the sort of thing that the EFF should jump into.

Larry Seltzer
eWEEK.com Security Center Editor
http://security.eweek.com/
http://blog.ziffdavis.com/seltzer
Contributing Editor, PC Magazine
larryseltzer () ziffdavis com 


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