There have been a lot of words written about the comments made by Microsoft's CEO Steve Ballmer during a Q&A session after his keynote speech at the Professional Association for SQL Server (PASS) conference in Seattle last week. It was at this conference where Balmer declared that Linux used intellectual property patented by Microsoft.
Most seem to think that the claims are nothing more than FUD on the part of Microsoft and that nothing will come of it. But here's a thought to ponder - what if it's true and Linux does indeed infringe on one of more of Microsoft's patents?
There's at least a chance that Linux does indeed infringe on Microsoft's patents. After all, Microsoft does hold a lot of patents and while Linux is open source and we can all take a look at the source code, only Microsoft has access to most of its source code so it isn't all that difficult for it to prove – to itself at any rate – that there are IP infringements contained in Linux.
After all, before IBM handed over some 500 patents to the open source community, it's pretty clear that Linux was infringing some of them.
News source: ZDNet Blog
Most seem to think that the claims are nothing more than FUD on the part of Microsoft and that nothing will come of it. But here's a thought to ponder - what if it's true and Linux does indeed infringe on one of more of Microsoft's patents?
There's at least a chance that Linux does indeed infringe on Microsoft's patents. After all, Microsoft does hold a lot of patents and while Linux is open source and we can all take a look at the source code, only Microsoft has access to most of its source code so it isn't all that difficult for it to prove – to itself at any rate – that there are IP infringements contained in Linux.
After all, before IBM handed over some 500 patents to the open source community, it's pretty clear that Linux was infringing some of them.
News source: ZDNet Blog
Hence why Ballmer's comments were just plain FUD.
After all, before IBM handed over some 500 patents to the open source community, it's pretty clear that Linux was infringing some of them.
Pretty clear? Maybe it's true that they were infringing some, but being handed patents allows you to ADD new technology that you could not develop before. Those 500 patents prove nothing.
If IBM produced 500 Patents to Linux community
and even if Linux potentially violated some of those.
Whats the likely hood that MS violates some of those 500 patents that protect Linux?
It's pretty much will be a messy battle of Fire against Fire.
If MS chooses to follow through with their stupid threats
it will result in counter claims on top of counter claims for the next 50 years.
World War III in the Information revolution.
First, Microsoft can (and probably has) review their patent portfolio and look for items that may infringe.
Then they can pursue claims on this, by announcing their patent and their intent to resolve by litigation or negotiation.
If the Open Source community rejects the patent claim, it can go to court to invalidate or uphold the patent.
Finally, if all of the above has transpired for Microsoft, and against whatever Open Source project targeted, then that project team will need to recode, and remuneration (as determined by the courts) made.
Unless Microsoft is specific, and brings the matter to court.... NOTHING can happen.
That's not very likely... They'd probably look for who introduced the infringing material into the source tree...
Well something can and has happened. Microsoft used patent infringements as basis for getting in with Novell. Novell can't do anything about it due to the "can of worms" potential and the costs that wormy can might lead to.
So Microsoft can buy into the open source code base, through novell, forcing them to break the open source rules by using no disclosed code.
They are basically blackmailing out what they want.
Actually I don't know what I am talking about.... this is all very complicated.
Linux distros register to license from EU where software patents are illegal and invalid and flick two fingers up at Microsoft. End of problem.
MS is not looking to punish wrong doers; they are looking to hurt Linux. They will go after the big distributions hoping to cripple them financially, either with a large judgment/settlement or a simple battle of legal attrition (in which MS clearly has the upper hand in resources)
And, ugh, Ballmer. :/
When somebody can patent double clicking, or patenting "IsNot" (http://en.wikipedia.org/wiki/VB_.NET#IsNot_Patent), it's just bad.
Anyway, it is quite possible that Linux "infringes" unknowingly on MS patents, but then, MS files 5,000 patents a year. And they're not all brilliant inventions, believe you me. (Exhibit A: patenting MSN emoticons.)
USPTO only runs the most cursory of checks for prior art, obviousness and validity these days due to work backlog. They leave the tough decisions to the courts. Therefore, a patent lawsuit introduces a risk of having MS's patents invalidated.
You're confusing code (the SCO case) with functionality (the recent Creative vs. Apple case). If MS has a patent on something ridiculous, like right-click menus or something like that, even if your code is original it would still infringe on the patent if your right-click menu worked in exactly the same way.
I don't think MS has any patents on any functionality like that. Most likely it is something like FAT32 and NTFS support. Or maybe drive compression? Which MS was convicted of stealing from Stack Software.
Look back a the SCO fiasco, some people/companies would have gotten nervous about the lack of protection against being sued if they chose to roll out Linux (I beleive Red Hat & other did offer their paying customers some type of protection) and as a result they went with Microsoft.
Prehaps Microsoft noticed this in its sales figures, and Ballmers just trying to create the same effect.
Maybe Ballmer is just a loudmouthed idiot.
It is a shame that Open Source comes under attack like this........ MS should either explain what evidence they have or clam up... However, if they continue to spread their FUD, they may get some companies to pay them with just the threat of litigation.
Too bad.......that didn't help SCO........
Barney
For now, Microsoft can't do anything with its patents regarding Linux. Unless the person that infringes the patent lives in US, they patents USELESS (there are no software patents in Europe, Asia and so on). Lawsuits won't stop anything and they would damage Microsoft's image even more.
I think I will be safe
Why not,if linux adopts features of external sources as a community,why microsoft can't do the same without being critizised?
Then again that would mean breaking the vendor lock-in in some areas, as MS cannot embrace and extend FOSS stuff.
And I can't really take MS seriously, considering they even patented double click
Actually MS did copy Apple, but Apple copied Xerox
Actually MS did copy Apple, but Apple copied Xerox
My main machine is XP, my secondary machine is 2K, the wife's machine is 2K, and I've got four XP machines at work. Only two are less than two years old. They're perfect, not even a crash yet.
I think multiple machines used over several years is a better gauge of OS stability than a single machine running for a week.
If I'm not mistaken, IBM added their patents to linux themselves, so they couldn't sue anyone ... but then again, that's what SCO (likely) did as well.
I'm sure the good ol USA helped out your weak country in the past. Remember WWI or WWII?
lol.. whenever taking criticism, always wheel out the "if it wasn't for us you'd be speaking German" argument. Yes, perhaps the America of yesteryear did help us out.. it doesn't seem America is managing to do quite so much of a good job at helping out countries these days though does it. I mean Iraq is just in such good shape right now. You guys did a real good job there.
So I guess it would have been better if we let Saddam keep killing his own people? The fact is "The United States is the most POWERFULL country in the world" Every country in trouble asks for our help, or money and our military. Keep talking ****, then next time your country is in trouble... go tell a US solider what you think of us. The whole world is so quick to forget how much we help (with money or aid or whatever) them.. until THEY need it or in trouble. Maybe we should let wars between countries happen, and wait for the PLEA for US help. I'll be sure to write my congressman and my president and beg them not to help out people or nations in need. That might be a better option than anything else. Then no nation in the world will be able to criticize US foreign policy.
I didn't want this to turn into a political debate... but oh well. I love my freedoms and my country. GOD BLESS AMERICA! Oh wait.. He did. That's why WE'RE number ONE! :-)
I'm not speaking for all Americans. I'm speaking for my-self.
Too bad for you Raid that my Nation was in fact liberated by Russia (and no we didn't turn communist), America alone didn't end WWII, and without the rest of Europ You wouldn't have, and in fact, if you hadn't stepped in when you did you would have been next in line, and by all likelyhood you would have lost.
So excuse me if I'm no overawed by Americans who think their nation is number one, though you are number one on a few things, like crime, violence... good positive things. and with all your outsourcing due to the high pay demands of your countrymen, soon unemployment as well.
btw shouldn't you be on your knees thanking the French for not speaking "brittish" by now :p
I'm sure the good ol USA helped out your weak country in the past. Remember WWI or WWII?
lol.. whenever taking criticism, always wheel out the "if it wasn't for us you'd be speaking German" argument. Yes, perhaps the America of yesteryear did help us out.. it doesn't seem America is managing to do quite so much of a good job at helping out countries these days though does it. I mean Iraq is just in such good shape right now. You guys did a real good job there.
So I guess it would have been better if we let Saddam keep killing his own people? The fact is "The United States is the most POWERFULL country in the world" Every country in trouble asks for our help, or money and our military. Keep talking ****, then next time your country is in trouble... go tell a US solider what you think of us. The whole world is so quick to forget how much we help (with money or aid or whatever) them.. until THEY need it or in trouble. Maybe we should let wars between countries happen, and wait for the PLEA for US help. I'll be sure to write my congressman and my president and beg them not to help out people or nations in need. That might be a better option than anything else. Then no nation in the world will be able to criticize US foreign policy.
I didn't want this to turn into a political debate... but oh well. I love my freedoms and my country. GOD BLESS AMERICA! Oh wait.. He did. That's why WE'RE number ONE! :-)
I'm not speaking for all Americans. I'm speaking for my-self.
Too bad for you Raid that my Nation was in fact liberated by Russia (and no we didn't turn communist), America alone didn't end WWII, and without the rest of Europ You wouldn't have, and in fact, if you hadn't stepped in when you did you would have been next in line, and by all likelyhood you would have lost.
So excuse me if I'm no overawed by Americans who think their nation is number one, though you are number one on a few things, like crime, violence... good positive things. and with all your outsourcing due to the high pay demands of your countrymen, soon unemployment as well.
btw shouldn't you be on your knees thanking the French for not speaking "brittish" by now :p
HAHHAHAHAHAHAHAHHAHAHAHAHAHAHAH!
I've been in an arguement with CompUSA about getting my laptop fixed quickly and my frustration has been bleeding into other areas it shouldn't.
Sorry guys. My bad
Maybe there is infringment here, maybe not. But unless Microsoft can identify specific patents that are in question nothing can happen
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