Q. When I sign a Royalty-Free License for these published protocols, what am I licensing?
A. The list of protocols under this license includes protocols for which technical documentation has been published on MSDN or through standards organizations or other third party sources, and that Microsoft has implemented in Windows Server operating systems to interoperate with Windows client operating systems and certain Windows Server operating systems (up to and including Windows Server 2008). However, just because a protocol appears on the list does not mean that Microsoft is the owner or sole owner of rights in that protocol or its documentation. What the royalty-free license does is ensure that a license is available from Microsoft under whatever rights it may have in the published documentation and/or protocols on the list.
Q. Does Microsoft claim ownership or intellectual property rights in the protocols covered by this license?
A. Not necessarily. Microsoft does not claim ownership of all of these protocols. However, to the extent that Microsoft does have intellectual property rights in these protocols, this license grants permission for licensees to implement them. Microsoft committed to make these protocols available for use by third parties to interoperate with Microsoft’s Windows operating system products, and to provide licensing of any necessary Microsoft intellectual property needed to implement such protocols. This license is a fulfillment of that commitment and allows ISVs or others who want to implement these protocols to be sure that they have the necessary intellectual property rights from Microsoft.
Q. Does this royalty-free license provide all the rights that I may need to use these protocols in my product?
A. Not necessarily. Other third parties may have intellectual property rights for which Microsoft cannot provide a license. Microsoft does not have any list of who might claim rights in these protocols.
Q. Why is Microsoft offering a license for technologies it may not have patents for?
A. Microsoft has committed to make available certain protocols implemented in Windows, together with whatever intellectual property rights Microsoft may have in those protocols. Microsoft has thousands of issued and pending patents that cover a broad range of technologies. This license is designed to meet Microsoft’s commitment to make available all such protocols for use by third parties to interoperate with certain Microsoft operating system products, including making available licensing of any necessary Microsoft intellectual property.
Q. I noticed a number of these protocols are available for license through other avenues - for instance, under license agreements promulgated by members of a standards setting body. If I already have rights to implement protocols (e.g., under other agreements), do I also have to sign this royalty-free license?
A. It is completely up to you whether to sign this royalty-free license, but you only need to consider doing so if you wish to obtain rights under it that are not available under other license agreements you may have.
Q. Is this royalty-free license the only way Microsoft is making the protocols covered by it available for license?
A. Not necessarily. For example, some protocols may be covered by previously signed MCPP or WSPP Development Agreements (see question on this below); other protocols may be available for license (by Microsoft or others) through, for example, standards setting activities. To the extent that Microsoft is obligated through its participation in a standards setting activity to offer licenses on other terms and conditions, Microsoft will also comply with those obligations.
Q. If I sign a royalty-free license agreement for these protocols, does it affect my rights, or my ability to license them, under other agreements that may be available now or in the future - for instance, under a license agreement offered by Microsoft in connection with its participation in a standards-setting body?
A. No. The royalty-free license does not supersede or replace the terms of any other license agreement relating to these protocols that you may now or later have with Microsoft.
Q. I have previously signed a MCPP (Microsoft Communications Protocol Program) or WSPP (Microsoft Work Group Server Protocol Program) Development Agreement that includes some of the protocols now available under the royalty-free license. Do I need to now sign this royalty-free license for those protocols too?
A. No. Per the previous question, your MCPP or WSPP Development Agreement (including its provisions regarding updates) will continue to apply to the protocols that are also now available under the royalty-free license.
Q. If I haven't signed a MCPP or WSPP Development Agreement, how do I get the protocols I need?
A. You may want to review the protocols available under this royalty-free license to evaluate if what is available fits your server products. If there are other protocols you wish to implement in your server products that are covered by a MCPP or WSPP Development Agreement, you should also consider an MCPP or WSPP Development Agreement. For licensing under standards organizations in which Microsoft has participated, contact Microsoft’s Standards team at stdsreq@microsoft.com.
Q. When I sign a royalty-free license, can I choose which protocols to license?
A. Yes. The royalty-free license is structured so that you can choose to license only the protocol(s) you desire by checking the appropriate box(es). If you later wish to license additional protocols under the royalty-free license, you can do so by signing another royalty-free license agreement for those additional protocols.
Q. I noticed the royalty-free license is only for specific versions of the protocols. Can I get updates to those protocols? What about new protocols?
A. Updated technical documentation for these protocols may be posted from time to time, so you may want to periodically check the URLs for the documentation for the protocols you've chosen under your royalty-free license. Since new protocols may also be added to the list of published protocols covered by the royalty-free license from time to time, you may also want to revisit this site to check the list for additions every so often to see if you want to sign another royalty-free license for those protocols as well.