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Microsoft owns Linux now, Ballmer claims

Daniel Fleshbourne   on 20 November 2006 - 11:10 · 42 comments & 12805 views

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MICROSOFT'S shy and retiring boss Steve 'there's a kind of hush' Ballmer might be gearing up to take Linux distributors to the cleaners. According to Linux World, Ballmer is whispering to all who can hear that Linux infringes on Microsoft's intellectual property.

Speaking at the Professional Association for SQL Server (PASS) conference in Seattle, Ballmer said that Vole signed a deal with SuSE Linux distributor Novell because the outfit was using Microsoft's intellectual property. He said that the deal was a way for Vole to get an 'appropriate economic return' for its shareholders from Microsoft's innovation. The statement is the first from Ballmer which places the Novosoft deal in context and indicates what Microsoft might do to try and shaft Linux.

View: The full story
News source: The Inq

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(3 replies) #1 jeff_pony on 20 Nov 2006 - 11:26
If Linux infringes these patents surely so does Mac OS? Yet I have seen no mention of sueing Apple. Its the whole patenting a "double click", etc right?
#1.1 Kreuger on 20 Nov 2006 - 11:58
Well if that's the case, I'll kill X and go command line. I'm comfortable enough with it, even though I prefer using GUIs.
#1.2 Foub on 21 Nov 2006 - 01:15
Actually Microsoft stole from Apple, and Apple stole from Xerox PARC.....
#1.3 ScottKin on 22 Nov 2006 - 22:03
No, they both stole visual ideas from Xerox PARC. Apple lost in it's litigation gambit against Microsoft - you'd better check the facts more thoroughly, Foub
(3 replies) #2 Athernar on 20 Nov 2006 - 11:36
i stopped reading at "vole".
#2.1 +M2Ys4U on 20 Nov 2006 - 12:16
Yeah, me too.

The Inq is not a news source, it's the rear end of a bull.
#2.2 guylaroche on 20 Nov 2006 - 14:08
Quote - M2Ys4U said @ #2.1
Yeah, me too.

The Inq is not a news source, it's the rear end of a bull.
True.
#2.3 eAi on 22 Nov 2006 - 01:48
If you are going to post their articles, stop just copying and pasting them...
#3 Joey L on 20 Nov 2006 - 11:38
Basically, Microsoft is paying off Novell to accept liability in something they didn't do.
Novell are basically pleading guilt for a huge heap of money.
All Microsoft have to do is sue or threaten to sue any non Suse distros or users.
I think now is the time for a Linux syndicate to form to defend developers and users of Linux against false accusations.
(1 reply) #4 mrmckeb on 20 Nov 2006 - 11:43
Typical INQUIRER crap... I am off to read news written by real reporters (no, not FOX news)...
#4.1 NightmarE D on 20 Nov 2006 - 13:44
Do you mean MSNBC?
(1 reply) #5 sorlag on 20 Nov 2006 - 12:00
Stop posting Inquirier crap please...
#5.1 +M2Ys4U on 20 Nov 2006 - 12:16
+1
#6 +Chicane-UK on 20 Nov 2006 - 12:50
If you can't beat em, sue em. Nice one Microsoft. Thats why so many people hate you.
(2 replies) #7 xSuRgEx on 20 Nov 2006 - 12:51
o for FS M$, not every one wants to use your OS, leave the linux commnity alone. what will M$ try and patent next ?.

just what excatly is microsoft saying novell did wrong?

#7.1 Tammm on 20 Nov 2006 - 13:04
Novell being a major player in the Linux market, it makes sense to have someone to sue.

Intellectual property can be virtually anything Microsoft wants. Its so vague that noone can argue whether they are right are wrong. I agree that Linux uses a lot of Microsoft IP, i just fail to see how one company can be held accountable for all of this. Linux is open source?
#7.2 ScottKin on 22 Nov 2006 - 22:09
Quote - Tammm said @ #7.1
Novell being a major player in the Linux market, it makes sense to have someone to sue.

Intellectual property can be virtually anything Microsoft wants. Its so vague that noone can argue whether they are right are wrong. I agree that Linux uses a lot of Microsoft IP, i just fail to see how one company can be held accountable for all of this. Linux is open source?


WHOA!!! Hold on here...

You said that you agreed that Linux uses a lot of Microsoft IP, and then turn around and say that Linux is Open Source?

How about "Open IP appropriation" - or, better yet, "Open IP Theft". You said it yourself right there; that Linux uses Microsoft IP, but Linux uses said IP owned by Microsoft.

That's the final nail in the coffin for Linux if it actually uses Microsoft IP *anywhere* in it.

I wonder what size of coffin it would take to hold "Tux"?
(1 reply) #8 Havin_it on 20 Nov 2006 - 13:09
This is a dupe!

The story is commenting on Ballmer's remarks from PASS last week, which were already reported here at the time.
#8.1 Davebo on 20 Nov 2006 - 14:35
Yep - here's the original. It was still on the front page as well...

Methinks you news posters need to read as well as post.

http://www.neowin.net/index.php?act=view&id=36192
#9 StepASide on 20 Nov 2006 - 13:10

- lol
(3 replies) #10 Mindlink on 20 Nov 2006 - 14:03
anyone here ever consider that maybe Linux does infringe on MS patents?

I mean, it is possible. Why is everyone so quick to assume that MS is wrong here. I'm sure Suse wouldn't have gone for the deal if there was no basis for it. Maybe someone in MS showed them some code...

I'm not saying MS is right or wrong, just that we don't know. Everyone seems to think they know however.
#10.1 theh0g on 20 Nov 2006 - 14:23
Happy birthday kiddo and welcome to earth. I suggest you read more about SCO case, search the web about Microsoft's previous accusations without a proof, ... It is mostly Microsoft (Ballmer) who accuses everybody of everything, this is not the first time he claimed this and even last time he didn't prove anything. When they show which code is infriging their IP, the code will be removed from source in a matter of days, it's been done before. The community is asking for details but since they can't show anything, this is obviously another FUD, just to make companies affraid of a lawsuit. It's also funny, when someone else infriges MS's IP, Ballmer wants to throw chairs at everybody and destroy the wrong-doers, while Microsoft has been PROVEN in court to use patented stuff and had to pay huge fines (that's why you still have to click on most flash animations on web for it to start playing in IE). The only reason people are attacking MS for these kind of accusations is because we've all had enough of this crap, enough of Microsoft's dirty ways to destroy competition and enough of their "we own you all" attitude. They are improving though, but Ballmer needs to be replaced with someone who isn't a complete moron/f*ckup.

You just need to read more, not just Neowin (no offence, but this is mainly pro-Microsoft site/community)
#10.2 vetmarkjensen on 20 Nov 2006 - 14:39
anyone here ever consider that maybe Linux does infringe on MS patents?

True. Microsoft has tons of patents, including ones on NTFS. Does the reverse-engineered NTFS module in Linux infringe? It certainly isn't a copy of code, so it isn't a copyright issue, but if the methods match Microsoft's patent(s), it could be a patent issue. Now, are the patents Microsoft holds valid? That would have to be legally tested, should Microsoft want to sue someone, then the patent would have to be gone over and validated by a court of law.

All Steve Ballmer is doing is making vague assertions at this point. He wants the cloud of uncertainty around Linux. He wants businesses to fear possible litigation from Microsoft, should they choose Linux. If he actually had some patents he wanted to address, he would have either demanded that they be removed from Linux, or would have initiated legal action on these.

He's got nothing but a step up in the rhetoric.
#10.3 lbmouse on 20 Nov 2006 - 15:58
Quote - markjensen said @ #10.2
He's got nothing but a step up in the rhetoric.

AKA Monkey Boy FUD
(1 reply) #11 Aleck79 on 20 Nov 2006 - 14:16
suing a non-profit never looks good, if they even try it will end up being negetive PR, which is what SCO realized after their attempt.
#11.1 vetmarkjensen on 20 Nov 2006 - 14:53
Umm... SCO filed suits against IBM, AutoZone, Diamler-Chrysler if I recall correctly. They are not non-profits.

Plus, Microsoft hasn't filed suit against anyone. They entered into a deal with Novell (not a non-profit), and have plenty of businesses they can file suit against, if they like.
#12 Lasker on 20 Nov 2006 - 14:18
well, If you can't beat 'em, join 'em :rofl:
#13 Slayer on 20 Nov 2006 - 14:22
typical <snipped>. always looking to get money from something no matter whose rights are at stake. piece of ****.

Last edited by Fred Derf on 20 Nov 2006 - 14:44
#14 squiggy on 20 Nov 2006 - 16:46
Its pretty weird that this just pops up at the same time as the Vista release,looks like a marketing ploy to me.
#15 jedimasterk on 20 Nov 2006 - 17:49
It amazes me how SCO was from Utah. And Novell is from Utah. What is it about companies from Utah always trying to sc...w everyone?. Anyway if GPL v3 goes into effect then what Novell did will be null and void. I also doubt Baldmer wants to try anything against Oracle, who also distributes Linux. This is all pretty much FUD!!!.
#16 tx83 on 20 Nov 2006 - 19:40
Look, if someone here is near enough of Redmond, would you please drop a whole truck of manure (sh**) in front of their door for me ?
(3 replies) #17 Julius Caro on 20 Nov 2006 - 19:43
I do think that there's a possibility that linux infringes some patent, since it mimics what one could call "windows behavior". Anyway, I can't tell since I ignore such patents. Plus, Microsoft being the company that patents things such as double click, and FAT32 (even though it's WIDELY extended), you never know.
#17.1 DeeJay2 on 20 Nov 2006 - 20:45
Wow, you must be new to computers (a.k.a. a N00b) if you believe MS invented the GUI.
#17.2 toadeater on 20 Nov 2006 - 20:52
Julius, Ballmer is full of crap. You think if SCO couldn't pull it off, MS can? Forget it, it's over.
#17.3 ScottKin on 22 Nov 2006 - 22:14
Quote - DeeJay2 said @ #17.1
Wow, you must be new to computers (a.k.a. a N00b) if you believe MS invented the GUI.


GUI != Windows Behavior. The Apple .vs Microsoft suit years ago killed that horse ten ways to Sunday. You'll have to dig this horse out of it's grave to beat it.
(1 reply) #18 Magallanes on 20 Nov 2006 - 21:16
Somebody don't understand the difference into create (or be the first) and patent. Patent is law, it's the first one that claim something and MS with the acquisition of SCO, they owned a lot of new patents... linux use (not own) a lot of patents, so the chance that linux break any patent is really high. For example fat16 and fat32 cases.

So what's happen with Mac?.. They will use BSP a UNIX system, very alike to Linux that is a clone of unix.

#18.1 mr_da3m0n on 22 Nov 2006 - 05:34
Quote -

So what's happen with Mac?.. They will use BSP a UNIX system, very alike to Linux that is a clone of unix.

I assume english is not your mother tongue. Don't fret, it is not mine either.

But you probably meant BSD. Mac OS X uses a Mach microkernel with parts of FreeBSD, and the FreeBSD userland.

(1 reply) #19 osirisX on 20 Nov 2006 - 21:38
What patents has Linux exactly infringed on?
#19.1 bob_c_b on 21 Nov 2006 - 03:59
Probably none that can be readily enforced or MS would already be in court; another SCO style attack.
#20 PaulNC on 20 Nov 2006 - 23:37
This is an easy one! If true, simply remove the "offending code".

Are we to believe that Linux programmers can't make a better OS without the so called MS code? From what I've seen, they are a global, resourceful and determined group.
#21 warr on 21 Nov 2006 - 01:41
why does it Ballmer is retiring?
#22 Word on 21 Nov 2006 - 03:29
I believe an appropriate linux reponse to this would be 'fscking infuriating' (look up fsck before you mod this )

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