III. The Microsoft-Samba Agreement
On December 20, 2007, the Protocol Freedom Information Foundation (PFIF) and Microsoft Corporation agreed (the WSPP/No Patents agreement) that Microsoft would license, on terms friendly to open source developers like Samba, all of the protocols disclosed under the ongoing American and European protocol licensing programs. The Software Freedom Law Center (SFLC) created the PFIF as a nonprofit Delaware corporation to hold the master license and to license the documentation to free or open source developers. The PFIF paid Microsoft a one-time royalty fee of €10,000. The agreement provides a royalty-free copyright and trade secret license permitting liberal use of the protocols and documentation, subject to confidentiality and non-disclosure restrictions. In this Part, we describe the negotiations and the terms of the agreement from the perspectives of both sides.