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Microsoft & Samsung's Patent Deal Includes Linux Protection

Slimy   on 19 April 2007 - 22:25 · 14 comments & 3714 views

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Microsoft Corporation and Samsung Electronics have agreed to a broad, cross-licensing patent agreement covering Samsung's existing and future product lines. The deal also gives Microsoft access to Samsung’s intellectual property related to digital media and computers and apparently includes a controversial clause that protects against any legal claims Microsoft may have on technology used in Linux. Financial terms were not released, but the companies said they would receive payments for the use of their respective technology. Within the joint press release announcing the deal, the companies said, "Samsung and its distributors and customers may utilize Microsoft's patents in Samsung's products with proprietary software, and Samsung will also obtain coverage from Microsoft for its customers' use of certain Linux-based products."

It appears Microsoft has extended to Samsung legal protection similar to what the software maker gave Novell in a deal announced in November 2006. Microsoft and Novell agreed not to sue each other over intellectual property within Windows and Suse Linux, Novell's distribution of the open-source operating system. Microsoft confirmed that the Samsung deal related to Linux is "very similar" to the one with Novell.

News source: InformationWeek

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(1 reply) #1 Computer Guru on 19 Apr 2007 - 22:28
Since when is Samsung a big FSF/Linux fan?
I mean, I can understand this "protection" for Novell users, but Samsung?!

They make hardware and UMPCs that run Vista..... Where does Linux fit into the picture?

(Am I missing something here?)
#1.1 MrA on 19 Apr 2007 - 22:48
Samsung doesn't just make "hardware and UMPCs that run Vista". They make phones, DVD/Blu-ray/HD-DVD players, TVs, fridges, etc. Some of which may run linux. I'm not saying that they do use linux, just that they make many devices which can and no-one can tell that they do.

EDIT: Just as an example, the first gen Toshiba HD-DVD players ran linux, but can you tell?
(1 reply) #2 bmaher on 19 Apr 2007 - 22:34
I agree with Computer Guru on this one, Linux has absolutely nothing to do with either Microsoft of Samsung.
#2.1 vetmarkjensen on 20 Apr 2007 - 11:49
Linux has a lot to do with Microsoft. They how have three companies that have signed Linux Patent Infringement agreements. They are building a case that Linux does infringe on Microsoft's patents. And when in court, they can use "see! We have 12 companies that agree with us and signed agreements".

It is the shady way business is done, and Microsoft has perfected the technique.
#3 denzilla on 19 Apr 2007 - 22:44
Perhaps Samsung has something waiting to be unleashed?
#4 MR_Candyman on 19 Apr 2007 - 22:56
samsung has some cell phones, mainly in asia, that run linux.

Samsung also does a pretty good job of supporting linux from a driver point of view, as a lot of their products have linux drivers as well.
#5 Havin_it on 20 Apr 2007 - 01:11
Mkay, this I really do not like. Microsoft's scare-tactics have already succeeded in undermining a leading Enterprise Linux vendor. That, I could just about live with; but now this cancer is spreading to the embedded Linux sector?

Embedded is a great arena for Linux: mainstream 'brand recognition' factor doesn't matter with the OS on a phone or set-top box, and the manufacturer has no support/training overhead (it goes hand-in-hand with supporting the device itself) -- not to mention the benefits of zero licensing cost and infinite 'tweakability' if they roll their own OS. I can see Microsoft having a strong desire to catch up in this sector, now they have a new (and, reportedly, not too bad) mobile OS to punt. It just beats me what Samsung stand to gain, other than that they believe the Big Patent Armageddon Threat™.

Why have two enormous and not obviously deranged companies chosen to believe that the B.P.A.T. is real and Microsoft actually does have something that could damage their business?

WHAT DO THEY KNOW?

I feel we should be told.
(2 replies) #6 ogryzek on 20 Apr 2007 - 01:49
Quite frankly I am of the view that major Linux powerhouses should agree on extending similar protection to many, if not all corporate Microsoft's customers... as a sign of good will...

Of course there is no need to indemnify use of all features found in Windows product lines. However, a mention that unrestricted use of at least some of those technologies is hereby granted would go long way in bringing peace and mutual understanding between both camps.

P.S.

Let's not kid ourself... we all known that some Windows code was shamelessly incorporated into non-Windows projects. A great example here would be the TCP/IP stack finding its way into FreeBSD... Oh wait... maybe it was the other way around...
#6.1 Budious on 20 Apr 2007 - 03:51
Quote - (ogryzek said @ #6)
Quite frankly I am of the view that major Linux powerhouses should agree on extending similar protection to many, if not all corporate Microsoft's customers... as a sign of good will...


I think you are missing the view of the majority of the open source community. They want to know what exactly Microsoft thinks belongs to them that is being utilized in open source code. They have asked for specifics and Microsoft has released none. This is entirely a Microsoft public relations scheme to keep the legal department of every corporation using open source on production systems on edge and fearful of potential liability and litigation. It's no more than a scare tactic to bully corporations who won't switch to a pure Microsoft environment.
#6.2 ogryzek on 20 Apr 2007 - 05:09
No, I am not missing anything...

Microsoft can offer Novel and Samsung protection from legal action related to Linux technologies to their heart's delight, since that doesn't cost them anything (literally).

Similarly, Linux community should offer similar deal to Windows users.

---

Just in case that you didn't notice that my post was written 'with tongue in cheek'...

In general I believe that one should not go into serious debate with a deranged person -- after a while it is really hard to tell who's nuts, and who's not. Similar principle applies here. By allowing Microsoft to dictate the rules of engagement (including proposition and language), the Linux community has lost already, as this is a battle of public perception. Only by battling their insanity with another insanity this whole affair can be diffused as a cheap PR stunt (albeit brilliant).
#7 NeoRaZor on 20 Apr 2007 - 04:46
In my opinion Open source is the greatest thing since sliced bread however in the sane token (yes sane) developers that are a part of a team that have spent hundreds of thousands of man hours including funds to create an app (R&D) that will make money (no matter whom the backer) deserves their cut of the preverbal pie.
(2 replies) #8 whocares78 on 20 Apr 2007 - 08:43
Maybe there is a reason behind microsoft wanting linix patents, ever thought maybe just maybe microsoft is thinking of going linux, apple did it.

I am gonna go out on a limb and say next version of windows will be linux based. what other reaons is there for microsfot being so interested in linux rightr afte they release vista, obviously moving on tho new projects and getting all the legal crap out of the way.
#8.1 vetmarkjensen on 20 Apr 2007 - 12:39
Apple went with a variation of BSD, not Linux. Microsoft will not change from their NT-based OS to a Linux one. That is too much of a shift for the 95% marketshare leading OS. There would be no benefit, and 95% of the market to lose if executed poorly.
#8.2 ogryzek on 21 Apr 2007 - 02:35
John Dvorak has proposed such switch-over on part of Microsoft long time ago. Let's face it, Linux is still rough around too many corners. But Linux with consistent, polished and familiar UI might be an interesting proposition.

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