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While poking through the UDF-related internals of the Windows 7 USB/DVD Download Tool, I had a weird feeling there was just wayyyyyyyyy too much code in there for such a simple tool. 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 (yikes) GPLv2-licensed ImageMaster project. (The author of the code was not contacted by Microsoft.)

I see two problems here. (I’m not a FSF professional, so there may be more.)

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Update 11/7: The example I provided yesterday (ReadBytes) was replaced with a new one. Note that it is only an example. I’m not here to prove my case in a huge exhaustive post for you. That’s left as an exercise for the reader.

Update 11/7 (2): The code in question is not a part of the IMAPIv2 Code Samples. If you visit Codeplex and actually download the source code, you’ll see this code is separate.

Update 11/7 (3): ImageMaster UDF parsing is a valid derivative work licensed under GPL. The original parsing code is from LGPL 7zip. Here’s a comparison. And another.

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As I understand, both ImageMaster and Microsoft used code from 7zip , which itself is licensed under LGPL. If this is indeed so, it would _seem_ (emphasis goes here, since I do not know much about LGPL) that Microsoft had use the code rightfully, while ImageMaster was in the wrong. Of course, ask a lawyer to be sure. I think someone might just do it.

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Microsoft has yanked a tool it touted as a way for netbook owners to install Windows 7 without a DVD drive after a prominent blogger accused the company of using open-source code without acknowledging where it originated.

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As to Microsoft's next step, the company was mum, although Rivera took a stab at its alternatives. "Ultimately, I believe one of two things will happen: The tool will either be rewritten or open-sourced," said Rivera. "I suppose the third option would be [to make it] no longer available."

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This isn't the first time that Rivera has called Microsoft on the carpet. Last January, he and fellow blogger Long Zheng, who writes I Started Something, argued that a change to User Account Control (UAC) in Windows 7 could be exploited by attackers to secretly disable the feature.

Microsoft first denied that it was a bug, saying instead that it was by design, but then backpedaled and promised to fix the problem several days later.

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said by Link Logger :

This is completely lame...
So unless someone posts something far more compelling, there is nothing here to make me think this is something evil underfoot.

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The problem is that as well as not contacting the author of the code, Microsoft released the download tool under its own name, with Microsoft licenses all over it. What’s more, there was no attempt to allow users access to the source code. All of which goes against the GNU’s General Public License (GPL).

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"Microsoft did not offer or provide source code for their modifications to ImageMaster nor their tool [as required] according to GPLv2," Rivera's post continued. Additionally, Microsoft inserted some of its own proprietary licensing language into the migration tool's license -- also in violation of GPLv2, he said.

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Microsoft was in violation of the GPL (General Public License) on the Hyper-V code it released to open source this week.

After Redmond covered itself in glory by opening up the code, it now looks like it may have acted simply to head off any potentially embarrassing legal dispute over violation of the GPL.

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"We are currently looking into this issue and are taking down the Windows USB/DVD Tool (WUDT) from the Microsoft Store site until our review of this matter is complete. We apologize to our customers for any inconvenience, "a Microsoft spokesperson said in a statement e-mailed to InternetNews.com.

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said by Steve :

Ok, so will you come out and say that you think this was an intentional GPL violation?

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ImageMaster had violated the GPL because it contained modified code that had been distributed without the corresponding source-code and because Microsoft had bolted on its own, restricted licensing terms.

Microsoft called the violation a mistake, and while the code had been supplied by a third party, it took responsibility for not having caught the violation during its own code review process.

Ironically, licensing specialist Black Duck this week reported 22 per cent of the average software product or application - or 700MB of code - contains open-source code. Black Duck surveyed 175 customers. The chances of running into GPLv2 are also high: Black Duck earlier this year reported GPLv2 accounts for 50.06 per cent of open source projects.

Company chief executive and president Tim Yeaton said in a statement organizations are using to open source to gain what he called significant competitive advantage in a "multi-source" development process. "The 'not invented here' mentality is rapidly disappearing," he said.

It seems Microsoft was unaware of this changing reality and the implications on its relationship with those outside the company building code for is products.

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Ironically, licensing specialist Black Duck this week reported 22 per cent of the average software product or application - or 700MB of code - contains open-source code

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Company chief executive and president Tim Yeaton said in a statement organizations are using to open source to gain what he called significant competitive advantage in a "multi-source" development process. "The 'not invented here' mentality is rapidly disappearing," he said.

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