Microsoft/Samsung Ink Patent Deal 131
An anonymous reader wrote with an article at ZDNet, discussing further implications of their patent cross-licensing initiative. With options already in place with Fuji Xerox, the company is now signed up with Samsung as well. From Samsung's perspective, it is simple: these deals ensure it can sell products using Linux without facing a suit from the Redmond-based corporation. "The notion that customers and businesses need Microsoft's legal go-ahead to run Linux has been controversial for some time, with the issue rising to the surface last November after Microsoft reached an accord with Linux vendor Novell. Novell has since taken issue with Microsoft's assertion that the deal represents an acknowledgment that Linux infringes on Microsoft patents."
Got Permission? (Score:4, Insightful)
Novel, pioneering the fututre (Score:5, Insightful)
Patent Monopoly/Cartels (Score:5, Insightful)
I've been part of some negotiations to sell some new applications that include GPL software to some established service providers to be deployed in their networks. They're all freaked out about "patent indemnity": how will a little company offer patent indemnity along with the apps they deliver? When the little company tells them "we abide by the GPL, so we're safe from license problems, and we wrote the new code ourselves", that's not good enough. The big companies now love to say "what if something happens to you like how Verizon is shutting down Vonage on patents, how will we cope with losing your services?" Even though Vonage has deep pockets, and there's nothing GPL about their conflict with Verizon.
Not only are the patents monopolizing innovations, and way too broadly. The entire racket has big, risk-averse companies avoiding business with the source of most innovation and economic growth: little companies. We are heading for a total freezeup of real innovation and growth. And these bogus patents, used like a weapon, are killing it.
Re:Novel, pioneering the fututre (Score:5, Insightful)
Cross-licensing good enough for now. (Score:3, Insightful)
I'm waiting for the day when in a last-ditch effort Microsoft Open Sources Windows to remain relevant
fight fire with fire (Score:3, Insightful)
That is where I think most open source licenses suffer. If the license gave everyone standing to sue on the open software's behalf, then it would pay to sue M$ and others for infringing on open source. Then M$ can try to shake someone down for protection money and the person can respond by shaking down M$ for protection money. Currently, M$ holds all the guns.
Re:Oh no, Watch out, Samsung! (Score:2, Insightful)
Much of the law is based on precedent, which means that prior decisions in similar court cases influence or completely decide the outcome of current cases. The biggest problem with this kind of corporate behavior is that it sets a precedent. Microsoft can now demonstrate based on these two *HUGE* deals, that these companies acknowledge that Linux infringes on Microsoft's patents. Whether it *actually* does or not is not the issue. The precedent is now set. Novell and Samsung, with their assumed vast and knowledgeable legal team has gone over these agreements, and SIGNED them, affirming that without these agreements, they would be subject to expensive and lengthy legal battles.
From the corporate perspective, I can see why they've done it. Nobody wants another IBM vs. SCO battle, which is what this would be if they were to refuse these agreements. Except that this kind of case you wouldn't be dealing with a relatively small corporation like SCO, you would be facing off against a MULTI-BILLION dollar corporation with one of the best legal teams in the world that money can buy. From that perspective, the obvious answer is "Sign the agreement and be done with it".
I don't condone this behavior, I'm a firm believer that if your producing an honest product, you should be safe from big corporations threatening legal action against you. I think Microsoft should have some kind of basis for making the claims that they make. If Linux infringes their patents, come now, out with it. Show us your evidence, patent numbers, specific code. These corporations have obviously been given a quiet ultimatum... sign... or fight us.
Thats my 2 cents worth anyways.
Re:I'm going to start a business (Score:2, Insightful)
Dont you know how Mafia works ??
BOSS : Pay me the money, I will give you protection (from myself)
Shop owner : Here 100 $ per month
Next month ....
BOSS : Pay me the money ......
Re:You're not going to start a business that way (Score:3, Insightful)
*Ahem*SCO*cough*Novell