Microsoft takes on the free world

[oz]

This looks like it could easily become another one of those long, drawn out fights like the one between SCO and Linux:

Microsoft claims that free software like Linux, which runs a big chunk of corporate America, violates 235 of its patents. It wants royalties from distributors and users. Users like you, maybe. Fortune's Roger Parloff reports.

Microsoft claims software like Linux violates its patents - May 28, 2007

[lam]

Remember the kid that always claimed all the toys were theirs? Even toys they weren't playing with? If you picked up an unused a toy that kid would take it yelling that they were using it. If you picked up another toy they would drop the first toy to snatch the one in your hand.

Finally you would move to a different sandbox but that kid would follow you there claiming that sandbox, and what was in it, was theirs too.

As far as that kid was concerned no one was allowed to play unless they followed that kid's rules. Then that kid couldn't understand that no one else wanted to play with them.

Microsoft reminds me of that kid.

I don't care about Microsoft. I'm working to understand Linux so that Microsoft becomes irrelevant to me. But I do care if Microsoft (with all it's resources) works to criminalize the exercise of an individual's intellect.

[MikeTbob]

This looks like it could easily become another one of those long, drawn out fights like the one between SCO and Linux:



Microsoft claims software like Linux violates its patents - May 28, 2007

Like I said in a previous post about the same thing, This is going to bite us on the ass one day, looks like sooner rather than later. I'm not panicky or freaking out, because even if it does go to court, it's still a long ways off. But the fact remains, Microsoft-Novell-Dell are not to be trusted I tell ya.

[Cabhan]

I have no doubt that Linux infringes on some Microsoft patents, but as they say, Microsoft steps on probably tons of patents from BSD, AT&T, etc. I haven't been following the exact minute details of the SCO case, but if Novell doesn't own those patents, then such a suit might backfire against Microsoft. They thought that removing Windows Media Player was bad? Wait until they have to remove TCP/IP.

A court battle would be interesting: there are just enough high-profile companies on our side that software patents would instantly become a pretty intense and high-profile legal issue. The article does mention the Novell-Microsoft deal, and I think that that may hurt us, but it would be interesting to see.

I don't expect that most regular users are in danger, and if enough big companies get threatened, legal action just might emerge.

[daark.child]

Every year, there is a major announcement by Microsoft that Linux infringes their intellectual property and patents. They always make these announcements to the press, but never go to court, so personally I am not worried. Also if Microsoft did sue, then this could motivate others like IBM to retaliate with patent suits of their own.

[fingal]

It's all posturing and monkey behaviour. No-one is going to pay them for a damn thing. And there's no proof at all that Linux infringes on any patents. They simply hope that if they repeat something often enough people will believe it ... they probably will too.

[Roxoff]

Patents? What are they talking about? There's no such thing as Software Patents! Unless you live in the 'Western Bloc' behind the iron curtain of the North Atlantic Ocean...

My understanding of Patent law is that if you have an idea, you publish it and everyone gets to benefit, although they might have to pay you a royalty. How can you publish an idea ensconced in closed source software?

[carlosponti]

well thats just it in the US software patents are just ideas but not a definition of implementation. which to me shouldn't be allowed. Though the article doesn't make the free software groups look good talking about Stallman. did you see his picture looks like someone they pulled off a park bench somewhere. dude needs to shave and cut his hair.

[techieMoe]

I echo the sentiment that this means little, if anything, to everyday users of Linux or MS Windows. I also agree that if Microsoft had something substantive, they would have struck (and struck hard) by now. It's saber-rattling at its best.

The major tech companies are much like the US and Russia during the Cold War and the US and China now. Basically: IBM, Sony, Microsoft, Novell, and all the others hold several very important patents for both software and hardware, and if one company dropped a volley of lawsuits all the other companies would retaliate. It's mutually assured destruction in the business world.

Microsoft can't realistically sue for every "patent" because for every one they can legitimitely claim, their competitors hold 5 more that could very well cripple their business.

[budman7]

At the same time, Smith was having Microsoft's lawyers figure out how many of its patents were being infringed by free and open-source software. Gutierrez refuses to identify specific patents or explain how they're being infringed, lest FOSS advocates start filing challenges to them.

But he does break down the total number allegedly violated - 235 - into categories. He says that the Linux kernel - the deepest layer of the free operating system, which interacts most directly with the computer hardware - violates 42 Microsoft patents. The Linux graphical user interfaces - essentially, the way design elements like menus and toolbars are set up - run afoul of another 65, he claims. The Open Office suite of programs, which is analogous to Microsoft Office, infringes 45 more. E-mail programs infringe 15, while other assorted FOSS programs allegedly transgress 68.

I find that statement to be very interesting, as he won't state which patents are being violated.
Anybody can come up with such a superficial number, but if this were to go to court, these patents would have to be specified.
Therefore, this is just more FUD by MS.