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Shuttleworth: Microsoft Does Not Want War

James7   via eweek.com on 28 July 2008 - 23:45 · 30 comments & 27737 views

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Mark Shuttleworth, the founder of Canonical, which maintains the Ubuntu desktop Linux distribution, said he doubts Microsoft would file a suit against a free software developer unless the software giant wants "war."

At the end of a session at the O'Reilly Open Source Convention here on July 24, where Shuttleworth discussed the emerging practice of mixing agile development methods with community development efforts, Shuttleworth responded to a question about the possibility of Microsoft making patent claims against open-source code by saying: "I don't believe Microsoft will file suit against free software developers. It would be tantamount to declaring nuclear war. ... And I can afford it."

Shuttleworth was responding to a question about how developers could protect themselves against patent and intellectual property issues when it comes to contributing code to open-source projects. He initially said, "GPL V3 is a good solution ...". But pressed on the threat regarding Microsoft, Shuttleworth said he does not think the software giant would pursue a claim.

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(7 replies) #1 HalcyonX12 on 29 Jul 2008 - 01:27
The only ones who go around suing people over software patents are those who only hold software patents most of the time, otherwise they're just used as a defense by those who have too much to lose.
#1.1 kaiwai on 29 Jul 2008 - 03:04
(HalcyonX12 said @ #1)
The only ones who go around suing people over software patents are those who only hold software patents most of the time, otherwise they're just used as a defense by those who have too much to lose.


Microsoft unfortunately has been the victim of these patent trolls who get patents granted for stating the bloody obvious, then going off to give a long winded story of how the CEO's grandfather came up with the idea when he was out in his shed one day.
#1.2 boho on 29 Jul 2008 - 12:25
(kaiwai said @ #1.1)
Microsoft unfortunately has been the victim of these patent trolls...


You seem to have a short memory, Microsoft money was behind the SCO suit (a patent troll) that dragged on for years (yes, a Microsoft tactic! ) hacking off many open source people. Bill Gates has written in his books, when young, how he searched in dustbins to look at other people's code!

Whatever Steve Ballmer might think (flying chairs and all), Microsoft jackboot days are over, their products are on the slide, they have many unhappy and even disgruntled employees (Read Mini-Microsoft). With innovative companies springing up all over, Microsoft have become what Bill Gates most feared... "becoming another IBM"
#1.3 GP007 on 29 Jul 2008 - 12:59
(boho said @ #1.2)
(kaiwai said @ #1.1)
Microsoft unfortunately has been the victim of these patent trolls...


You seem to have a short memory, Microsoft money was behind the SCO suit (a patent troll) that dragged on for years (yes, a Microsoft tactic! ) hacking off many open source people. Bill Gates has written in his books, when young, how he searched in dustbins to look at other people's code!

Whatever Steve Ballmer might think (flying chairs and all), Microsoft jackboot days are over, their products are on the slide, they have many unhappy and even disgruntled employees (Read Mini-Microsoft). With innovative companies springing up all over, Microsoft have become what Bill Gates most feared... "becoming another IBM"


Yet IBM is still making billions and in still seen as a giant in the industry. So being another IBM looks pretty good to me.
#1.4 Mike Frett on 29 Jul 2008 - 18:43
[quote=GP007 said,#1.3][quote=boho said,#1.2]Yet IBM is still making billions and in still seen as a giant in the industry. So being another IBM looks pretty good to me.[/quote]

And IBM supplied machines to Nazis to keep track of the "prisoners".
#1.5 39 Thieves on 29 Jul 2008 - 18:46
[quote=Mike Frett said,#1.4][quote=GP007 said,#1.3][quote=boho said,#1.2]Yet IBM is still making billions and in still seen as a giant in the industry. So being another IBM looks pretty good to me.[/quote]

And IBM supplied machines to Nazis to keep track of the "prisoners".[/quote]

And Hitler designed the VW Beetle. Live in the past much?
#1.6 +CelticWhisper on 30 Jul 2008 - 18:01
[quote=39 Thieves said,#1.5][quote=Mike Frett said,#1.4][quote=GP007 said,#1.3][quote=boho said,#1.2]Yet IBM is still making billions and in still seen as a giant in the industry. So being another IBM looks pretty good to me.[/quote]

And IBM supplied machines to Nazis to keep track of the "prisoners".[/quote]

And Hitler designed the VW Beetle. Live in the past much?[/quote]

Yeah, and the Nazis had pieces of flair, you know. That they made the Jews wear.
#1.7 Ender2070 on 31 Jul 2008 - 15:27
[quote=Mike Frett said,#1.4][quote=GP007 said,#1.3][quote=boho said,#1.2]Yet IBM is still making billions and in still seen as a giant in the industry. So being another IBM looks pretty good to me.[/quote]

And IBM supplied machines to Nazis to keep track of the "prisoners".[/quote]

And they didn't do a good enough job.
#2 zeta_immersion on 29 Jul 2008 - 01:34
ms will have to provide code for this patent infringement crap ... so there will be no war any time soon
#3 vetJames7 on 29 Jul 2008 - 01:44
It is not only code, which of course Microsoft probably cannot provide, that can serve as the basis for a patent lawsuit. Because America recognises software 'idea' patents, Microsoft could sue on that basis. This would not likely have much effect on Linux because most of the world does not recognise these 'idea' patents.

But of course Microsoft have been claiming that Linux does violate some of their 'idea' patents. Ballmer himself a few months ago made a rather threatening announcement in London (because if he'd done it in America, he'd have been open to another sort of lawsuit). He did this and Microsoft have been doing this in various other ways to spread fear, uncertainty and doubt about Linux among corporate clients. Shuttleworth's strong words here are an impressive defensive move because they represent someone with the drive and the cash to take on Microsoft.
#4 bob_c_b on 29 Jul 2008 - 01:45
Ahhh, the flavor of the week heard from again, who cares? I like Ubuntu and I appreciate what Shuttleworth is doing, but while he can financially afford the war I don't think he could afford what it would do to his develoment efforts (which would be greatly slowed if not stalled during a lengthy legal battle).

That said, MS should just put up any code they think is in violation, threats are just boring at this point.
(10 replies) #5 39 Thieves on 29 Jul 2008 - 02:01
I can't believe Microsoft even cares about Linux, honestly...
#5.1 Budious on 29 Jul 2008 - 02:21
They care about it in the Enterprise market... they could care less about the marginal desktop usage.
#5.2 kaiwai on 29 Jul 2008 - 03:08
(Budious said @ #5.1)
They care about it in the Enterprise market... they could care less about the marginal desktop usage.


More correctly on the server, but given that Solaris 11 will be based on 100% opensource code, the reason for Linux existing will be gone. Symbian is going to be opensourced soon - the purpose of Linux on embedded devices? pretty much gone.
#5.3 ichi on 29 Jul 2008 - 07:07
(kaiwai said @ #5.2)
More correctly on the server, but given that Solaris 11 will be based on 100% opensource code, the reason for Linux existing will be gone. Symbian is going to be opensourced soon - the purpose of Linux on embedded devices? pretty much gone.


Or then again, what would be the point of both symbian and solaris?
#5.4 39 Thieves on 29 Jul 2008 - 07:19
(ichi said @ #5.3)
(kaiwai said @ #5.2)
More correctly on the server, but given that Solaris 11 will be based on 100% opensource code, the reason for Linux existing will be gone. Symbian is going to be opensourced soon - the purpose of Linux on embedded devices? pretty much gone.


Or then again, what would be the point of both symbian and solaris?


A functional, supportable product, for starters...
#5.5 ichi on 29 Jul 2008 - 07:32
(39 Thieves said @ #5.4)
A functional, supportable product, for starters...


Sure, but I meant the point over using linux
#5.6 39 Thieves on 29 Jul 2008 - 07:37
(ichi said @ #5.5)
(39 Thieves said @ #5.4)
A functional, supportable product, for starters...


Sure, but I meant the point over using linux


And that's what I gave you in response to that question.
#5.7 ichi on 29 Jul 2008 - 07:44
(39 Thieves said @ #5.6)
(ichi said @ #5.5)
(39 Thieves said @ #5.4)
A functional, supportable product, for starters...


Sure, but I meant the point over using linux


And that's what I gave you in response to that question.


I guess we could get in a loop

Jokes aside: what would make those products any more functional or supportable than redhat and the likes?
#5.8 +GreenMartian on 29 Jul 2008 - 08:17
(ichi said @ #5.7)
I guess we could get in a loop

Speaking of loops, both solaris & symbian wouldn't get to that point without linux being there first. So yeah in a way, linux kinda forced them to become what they're becoming.

Which, I'm hoping would only mean a mad attempt on linux's side to beat them again. And so the loop begins anew.

I'm not sure where microsoft is in the equation though..
#5.9 39 Thieves on 29 Jul 2008 - 15:54
(GreenMartian said @ #5.
(ichi said @ #5.7)
I guess we could get in a loop

Speaking of loops, both solaris & symbian wouldn't get to that point without linux being there first. So yeah in a way, linux kinda forced them to become what they're becoming.

Which, I'm hoping would only mean a mad attempt on linux's side to beat them again. And so the loop begins anew.

I'm not sure where microsoft is in the equation though..


The only way linux has ever beaten Solaris was in terms of driver availability and supported hardware. And I suppose...price.
#5.10 ichi on 29 Jul 2008 - 17:05
(39 Thieves said @ #5.9)
The only way linux has ever beaten Solaris was in terms of driver availability and supported hardware. And I suppose...price.


And license, but that's exactly the point: as other operating systems catch up with linux' strengths, linux must improve in those areas where others excel or else it'll eventually fall behind.
#6 ChrisJ1968 on 29 Jul 2008 - 02:06
Microsoft's Ballmer made comments a year or two ago about linux patent cruft..to this day..Has Ballmer proved ANY of it? MS can STFU.
(2 replies) #7 GZT on 29 Jul 2008 - 03:29
Oh dear. This really didn't need to happen right now. Just when I thought it had blown over and everyone was more-or-less getting along. *sigh*
#7.1 empty on 29 Jul 2008 - 09:46
(GZT said @ #7)
Oh dear. This really didn't need to happen right now. Just when I thought it had blown over and everyone was more-or-less getting along. *sigh*


did you read the article?
#7.2 GZT on 29 Jul 2008 - 14:44
Yes, as a matter of fact I did.
#8 sibot on 29 Jul 2008 - 06:58
We're the Microsoft. We run your lives, you do not f**k with us.
(1 reply) #9 archer75 on 29 Jul 2008 - 15:10
God the linux folks are still going on and on about this? Microsoft doesn't even care. They said some stuff and then promptly forgot about it while the linux community has been freaking out ever since. Microsoft didn't even take it seriously.
#9.1 vetmarkjensen on 29 Jul 2008 - 15:40
Ummm.... Duh.

He was asked about it, so he answered. Obviously if people are asking, there is enough "fear" and "uncertainty" about whether Microsoft would act on their voiced threats. That makes people "doubt" whether Linux is a viable platform for their business to deploy.

Now, if only there was a term for this environment of "fear, uncertainty and doubt" that Microsoft has cultivated...
#10 Airlink on 29 Jul 2008 - 22:33
I say we nuke them from orbit. It's the only way to be sure.

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