Become a fan of Slashdot on Facebook

 



Forgot your password?
typodupeerror
×
Patents Microsoft Software Linux

"Show Us the Code" Breaks Its Silence 180

DigDuality writes with an explanation of the silence of the Show Us the Code initiative. The push he began — to gather influential sponsors demanding that Steve Ballmer reveal what Linux code he believed to be infringing Microsoft patents — was discussed here last February. "Show Us the Code has been silent since March 23. May came and went — the deadline allotted for calling Ballmer's bluff — but the site gave no update. I now explain the silence. After a scheduled interview with Forbes columnist Dan Lyons didn't happen, and my place of employment falsely accused me of representing that they endorsed my own political goals, I decided it was best to shut my mouth so I would be able to keep paying my bills. I'm glad to see Linus now publicly echoing the sentiments that this site espoused. Maybe someone already accustomed to the limelight will have better luck in challenging Microsoft's FUD machine."
This discussion has been archived. No new comments can be posted.

"Show Us the Code" Breaks Its Silence

Comments Filter:
  • by timmarhy ( 659436 ) on Monday July 02, 2007 @10:36PM (#19725601)
    It's not in their interest to admit anything, that would bing their very successful run of bullshit to an end requiring them to think up new bullshit
  • What gets me.. (Score:5, Insightful)

    by Enderandrew ( 866215 ) <enderandrew@NOsPAM.gmail.com> on Monday July 02, 2007 @10:50PM (#19725749) Homepage Journal
    ...is that there wasn't a general claim "that we believe one or more patents may have been infringed upon" but rather a very specific claim that they know some 200 specific patents were violated.

    If they know exactly how many were allegedly violated, then they have already done their research.

    Here is the funny thing. If M$ released that list, immediately people would score the code of the Linux/GNU system to verify the claims. In the possibility that M$ has a legitimate claim, people would write new workaround-code and destroy M$'s case. If the claims are shown to be less than legitimate, it detroys M$'s case.

    M$ has nothing to gain by releasing this information, and everything to lose. This is a huge scare tactic, that may work to scare large businesses away from considering what may turn out to be illegal software. And why migrate if you may be forced to migrate back?

    This is a rotten tactic, but a very effective and insidious one. Luckily, I don't think this will destroy Linux, as Linus pointed out, many of the basic patents of a GUI that M$ may be referring to are likely pretty much public domain at this point. If anything, there is prior art from vast numbers of previous GUIs that M$ copied, so it is absurd to think they invented everything, let alone own exclusive rights to it.

    When companies like Novell were first approached by M$, they should have gone to the Linux Foundation, or EFF. Instead they took a payday that inherently casts a doubt of suspision upon the entire Linux community. And while I was a fan of SuSe and many of the things they did, I will never again advocate the use of any Novell products, nor any major distro/vendor that strikes such a deal.
  • Voting Machines? (Score:3, Insightful)

    by binaryspiral ( 784263 ) on Monday July 02, 2007 @10:56PM (#19725801)
    I wish the same amount of pressure was behind the US Electronic Voting machine systems to open their code.

    Until then, what's the point of holding elections?
  • Re:What gets me.. (Score:4, Insightful)

    by Surt ( 22457 ) on Monday July 02, 2007 @11:04PM (#19725881) Homepage Journal
    Rewriting the code is great for future infringement, but does nothing to protect everyone currently using linux from their past infringements, not to mention everyone who has shipped non upgradeable hardware running a fixed version of linux or uclinux.
  • Re:Pussy.... (Score:4, Insightful)

    by gweihir ( 88907 ) on Monday July 02, 2007 @11:10PM (#19725949)
    This guy has no credibility whatsover. He goes out and blows out a big stink, doesn't get his advertising hits, and then blames it all on the mysterious and evil forces of dark capitalism in order to cover his ass.

    Seems to me you are a fully qualified cretin. MS shill?

    The site does not have any advertisements. He did get his hits.
  • Re:What gets me.. (Score:3, Insightful)

    by Enderandrew ( 866215 ) <enderandrew@NOsPAM.gmail.com> on Monday July 02, 2007 @11:16PM (#19725999) Homepage Journal
    You are correct. In that regard, companies like Novell could be hit financially in a suit if it was shown they sold a product that infringed upon patents. Meanwhile, the Linux Foundation turns back to the EU who demanded MS open up their products and libraries more for interoperability with other OS'es. Linux has a stronger hold in the EU, and the EU has already proven they will rule against MS. Does MS really want to open that legal battle again?

    Again, given the possibility of legal repercussions that affect every Linux distro and user, I think Novell should have consulted the Linux Foundation and EFF to consider all legal options first.

    However, an easy and profitable solution presented it, and I believe they rushed to judgment.
  • by Dunbal ( 464142 ) on Monday July 02, 2007 @11:18PM (#19726009)
    It's the same with all the other open source shit. Kids with an itch to scratch and an ego to stroke just wank their keyboards in a pathetic attempt to save the world.

          How many web servers use linux "open source shit"?
  • Re:What gets me.. (Score:3, Insightful)

    by Dunbal ( 464142 ) on Monday July 02, 2007 @11:22PM (#19726035)
    M$ has nothing to gain by releasing this information, and everything to lose.

    I beg to differ:

          They have EVERYTHING to gain - open source coders will alter their code so that it no longer violates MS patents.

          They have NOTHING to lose - releasing a list won't cost them anything - presumably they already HAVE it.

          Oh oh I SEE WHAT YOU MEAN - you mean they will lose potential "damages" from a "lawsuit"? Right I forgot for a second, it's about MONEY - no one CARES about the patent really - it's just a means to an end, right?
  • Thanks for that (Score:5, Insightful)

    by Satanboy ( 253169 ) on Monday July 02, 2007 @11:22PM (#19726043)
    Thank you for putting up an explanation on what happened.
    Thank you for trying to help the community.
    Thank you for putting your ass on the line and going as far as you could before you were silenced.

    I'm sorry you were put in such a position.
    Keep up the good work, and keep your chin up.

    It was brave to explain what happened, and it was the right choice you made.
    The open source community is important, but keeping a roof over your head should always be your top priority.
  • Re:Pussy.... (Score:3, Insightful)

    by Harmonious Botch ( 921977 ) * on Monday July 02, 2007 @11:37PM (#19726175) Homepage Journal
    Were I to rewrite parent in a less flamebaitish manner, I would say that it is difficult to feel sorry for a guy who 1) Works for a company that is a direct partner with MS 2) Publicly criticises MS, and 3) Is surprised when his employer is unhappy with his actions.
    Now his employer's behavior may not be fair or right or legal, but it most certainly can be expected.
    It is particularly disappointing because I, like the majority on this forum, agree with his goals. I'd like to take him seriously and support him, but it is difficult to do so when he seems completely clueless about how people are going to respond.
  • by Anonymous Coward on Tuesday July 03, 2007 @12:20AM (#19726499)
    The FSF has been roundly implying that the iPhone might contain GPLed software, and might violate the GPLv3 [fsf.org].

    Are they going to be held accountable for their coy accusations? Or are the FSF to be allowed to shamelessly impugn the underpinnings of other peoples' popular new products, for the sake of free publicity, without being told to "put up or shut up"?
  • Re:What gets me.. (Score:4, Insightful)

    by mibus ( 26291 ) on Tuesday July 03, 2007 @12:21AM (#19726515) Homepage

    Selective enforcement is perfectly possible when it comes to patents - they aren't "use it or lose it" in the way that trademarks are. However, if you are aware that somebody is infringing on your patent, and you do not take reasonable steps (either to collect royalties, or to stop the infringement), a subsequent lawsuit against that particular party will be prejudiced as a result.


    I can imagine it now...

    MSFT Lawyer: We have this list of patents you're violating. All your base are belong to us...
    Linus: I asked for the list when you made it five years ago. You wouldn't give it to me. How am I supposed to proceed?
    Judge: MSFT, F*ck off.
  • by DigDuality ( 918867 ) on Tuesday July 03, 2007 @12:23AM (#19726523)
    This reply just isn't to you. It's to many in this threaded discussion. Yes i was stupid for using company machines. That i know. I knew it then. I still don't have proof of them knowing this way. I don't know one way or the other. But you have to consider, i was one man handling an irc chatroom, revamping a website that blew up far faster than expected, maintaining a blog, i have a romantic life that's important to me, chores to do, errands to run. I used up every second of every day, and losing sleep answering the 1000s of e-mails and attempting to contact many people who may help the cause. It was stupid, but there simply wasn't enough time in the day. I'm not saying i didn't have a choice, i did. I made a bad one.

    As for those that'll accuse me of advertising and attempting to get attention. Find me one advertisement on that site. That site cost me money and i didn't advertise a damned thing.
     
    As to my job versus what I enjoy software wise, lets get real here. This is the real world. I'm not 30. I don't write for the linux kernel. I'm not management. I'm also not a kid. I have real world bills, i live in an area where finding a job in open source is next to impossible and i go where the money goes. If i happen across a position that aligns with my passions (which i actively strive for) then all the better. But until then there's rent and car payment and electric bills, and insurance, and gas and pets to feed and a relationship i value. I put things in perspective and i'm not such a strong idealist that i'm going to destroy me life. I'm not a member of PETA and i have a bit of common sense in this regard.
  • Re:Failure Point (Score:4, Insightful)

    by A beautiful mind ( 821714 ) on Tuesday July 03, 2007 @12:35AM (#19726601)
    The loss of free speech is not acceptable just because he took a break and used his work computer to upload something to the internet. There has to be a balance and if lawyers can weasel out of denying free speech based on a one time use of a computer for 20 minutes, then the system is utterly broken and should be bulldozed over.
  • by Afecks ( 899057 ) on Tuesday July 03, 2007 @12:57AM (#19726743)
    If you can't continue the project, maybe you could turn it over to someone else? I think that would be keeping with the spirit of open source. (off-topic: read this [tinyurl.com])
  • Re:Failure Point (Score:5, Insightful)

    by gujo-odori ( 473191 ) on Tuesday July 03, 2007 @12:59AM (#19726757)

    You must be a student.

    No, you might not have been in a position to start 'bucking your employment over a political cause' but it sure sounds like you were a victim of political oppression

    I'm as anti-Microsoft as anybody (well, as most people). However, being anti-Microsoft is not a political affiliation. For some, it's personal. For some, it's business. For some, it's religious. For some, it's >= 2 of those. Some people are so pro-Microsoft they bleed blue when they cut themselves. But no matter where you fall on that spectrum, Microsoft is not a political party. It's a company. A big, anti-competitive company with a big patent portfolio, but a company nonetheless (the market leader with a big patent portfolio is always anti-competitive, though; some people here are doubtless familiar with the refrain "I BM, You BM, we all BM for IBM" and the word to the wise that "Nobody ever got fired for buying IBM." When IBM was the undisputed heavyweight champion of the computer business, they were at least as anti-competitive as Microsoft, and they invented FUD).

    Now, if he were put under pressure for being a Republican, Democrat, Green, Libertarian, Communist, Nazi, or whatever, that would be political, and he might have a case (IANAL). However, the situation was that his employer was a direct partner of Microsoft and they felt that his running an anti-MS site cast them in a bad light with Microsoft. Did MS put pressure on them, that his site was problematic and it could have financial repercussions if he kept at it? We'll never know, but I'd be very surprised if they didn't. Does that suck? Yes. Is it fair? Maybe. Maybe not. If we look at things from management's point of view, they have a fiduciary duty to their shareholders to make money, and are answerable to the board if they fail. If an employee's anti-MS site is going to make them fail to make money, or at least as much money, they are going to request that he make a choice between running the site or working there. They pretty much have to.

    Now, I could probably run an anti-MS site and even if my employer were to become aware of it, I doubt that would be a problem. However, you never know how a site might snowball out of control and become a lightning rod, or where you might want to work in the future where it might be an issue. I have a family to support, and my obligation to my wife and kids outweighs any obligation that I may or may not have (just for the record, I have none), to publicly oppose Microsoft. But, I do other things. I have a Mac. I have an iPod, not a Zune. I run Linux and FreeBSD on several machines. My kids' computers are Linux boxes. I work for a Microsoft competitor. I subscribe to a couple of Linux magazines. If people ask me for computer advice, I steer them toward Mac or Linux, whichever I think might be best for them. And not just to be anti-MS, but because I consider the Mac platform to be better than Windows at pretty much everything, and the better Linux distros to be better than Windows at most things (and gaining ground all the time; it took about five years to grind out Vista; if they take five years to grind out the successor to Vista, will anyone still want it? Apple on one side and Linux on the other will eat their desktop lunch in those five years.

    So, I think you should cut the showusthecode.com guy some slack. You're not walking in his shoes and don't have his obligations. Or if you do have his obligations and would put hatred of Microsoft ahead of your family, I think now would be a good time to reassess your priorities. He did what he could, which was to call attention to the issue, and later he voted with his feet and left that employer. If he's still not in a position to run that site and others have to pick up the torch now, I have nothing to criticize him for. He's done more than me, and I'd be very, very surprised if he hasn't done more than you. You sound like you're nothing but a mouth, without even the guts to post logged in.

  • by wellingj ( 1030460 ) on Tuesday July 03, 2007 @01:12AM (#19726827)
    I'd just like to say I appreciate what you did do.
    Never mind the people who complain about what you didn't do.
    They don't do much of anything. You did something and that's commendable.
  • Re:Failure Point (Score:5, Insightful)

    by mgiuca ( 1040724 ) on Tuesday July 03, 2007 @01:25AM (#19726905)
    I think it becomes political when said company has enough power to influence governments, laws, international markets, and the majority of the developed world's population.
  • T-Shirts? (Score:3, Insightful)

    by mgiuca ( 1040724 ) on Tuesday July 03, 2007 @01:28AM (#19726919)
    You must be having some effect. I saw on the Australian satirical show The Chaser's War on Everything, they went around making fun of people's "joke T-shirts".

    One fellow they interviewed had a shirt which read, "Talk is cheap. Show me the code."

    They didn't get it. :p
  • Of course (Score:3, Insightful)

    by ClosedSource ( 238333 ) on Tuesday July 03, 2007 @02:08AM (#19727159)
    "Right I forgot for a second, it's about MONEY - no one CARES about the patent really - it's just a means to an end, right?"

    Patents have always been about money. What did you think they were for - bragging rights?
  • by Anonymous Coward on Tuesday July 03, 2007 @02:26AM (#19727269)
    Partners work with each other, not scare each other half to death. Your senior management is OK with this 'partnership'? Sounds like they're in over their heads.
  • by Grail ( 18233 ) on Tuesday July 03, 2007 @02:31AM (#19727305) Journal

    5) When I leave the company, I have to submit the entire computer to a third-party security consultant who will check the machine to ensure I am not leaving with any company intellectual property. I must reimburse the company for the costs involved in this.

    ROFLMAO!

    Do they ask you to submit the computer to a third party security consultant every day you leave the office? Or just that last time when you've already sanitised the machine by loading Mac OS X onto it fresh? And conveniently hidden your 2GB thumb drive with the Death Star plans in the crevice of some robot's carapace?

    You will, of course, be taking steps to blatantly and flagrantly violate these stupid rules, won't you? If it was a company laptop they wouldn't have all these nasty Microsoft bogeymen terrifying them in their sleep...

  • This might be a good thing to ask Mr. Beckerman if he's around.

    In my one business law class, I seem to recall a series of cases describing something called a "De Minimis Fringe", whereupon an exployee uses a company resource, but the pure cost of that usage is so small that it results in laughable fianncial effect.
    "Ten Minutes of time plus whatever CPU power plus electricity" is right in that category. (Some of the original cases dealt with machines like copiers & faxes.)

    Everyone take a crisp look at your working lives. De Minimis Fringe effects exist because people DO have lives, and corporate management carried to absurdity eventually crosses the line of oppression. So we know that this guy DIDN'T get slammed for the "costs" of his minimal use; he got slammed because of the semi-fallacies of employmer endorsement blown to political extremes.

  • by Anonymous Coward on Tuesday July 03, 2007 @03:26AM (#19727607)
    I have an extremely hard time believing this story.

    I've worked for various companies as a Microsoft Partner for over 10 years, and this just doesn't ring true. I think many MS haters like to believe this type of fiction. Every MS Partner company I've been a part of or even visited has had Macs. Hell, I've been to various Microsoft facilities in the US, including the Redmond campus, and outside of the US and seen Macs. Microsoft doesn't care about unimportant things like this, they realize that MS Partners absolutely have to support multiple platforms, and that certain user communities like designers, multimedia, and audio production, are dominated by Mac users.

    IF this is true, I believe it is much more likely that he ruffled some feathers at his company by:

    1) purchasing his own laptop and expecting to use it for company purposes
    2) going against his companies approved hardware policy
    3) showing up one day with said computer and using it without prior permission

    Many companies are very tight with their hardware/software policies. Approved platforms help limit IT support issues, reduce required spare parts, increase buying power with vendors, and help with software license compliance.

    Words of advice: next time you want to outcool your fellow employees by getting a new laptop for work, get your boss to approve it first. Oh, and don't blame Microsoft when you don't know how to handle office politics.
  • by Simon Garlick ( 104721 ) on Tuesday July 03, 2007 @03:55AM (#19727711)
    There's no way in hell any employer could make me use my own computer to do work on. No way.

    I can't believe this situation even arose.
  • by Anonymous Coward on Tuesday July 03, 2007 @09:11AM (#19729403)
    If the bills are that important let someone else pay them.
    Er, judging from your current state of homelessness, I guess they were that important, and no one else paid them.

    I love profit just as much as the next guy. Problem was that I wasn't getting enough of it
    Greedy much? Or are you confusing profit with money in general? Not getting enough money I can understand, but not getting enough profit just sounds like avarice.
  • by Iron Monkey ( 113162 ) on Tuesday July 03, 2007 @02:06PM (#19733381)

    Can anyone tell me why the open source community can't search Microsoft's patent portfolio to find these supposed infringements? I realize that there are a lot of MS patents, and thus it would require a lot of work to perform a complete search. But surely if the community can co-operate enough to develop high-quality software, then we can co-operate enough to perform a patent search. We've all heard "many eyes make all bugs shallow" - perhaps "many eyes make all patents shallow" is just as true.

    Of course, to catch all of the possibilities, we might have to put on MS-tinted glasses and twist our thinking to see the way in which Linux (or some other software) actually infringes. That, and we might need a gargantuan suspension of disbelief with regards to the enforceability of the patents. Still, if it is possible for Microsoft to do such an analysis, why can't we do the same thing?

  • by Iron Monkey ( 113162 ) on Tuesday July 03, 2007 @02:14PM (#19733521)

    I doubt the problem is actual copied code. If that were the case, this would be a copyright issue, and not a patent issue.

    As far as what projects Microsoft is threatening, it is more than just the kernel. It also includes the GUIs, openoffice.org, email, and others. This quote, from CNN Money [cnn.com], has a breakdown:

    But he does break down the total number allegedly violated - 235 - into categories. He says that the Linux kernel - the deepest layer of the free operating system, which interacts most directly with the computer hardware - violates 42 Microsoft patents. The Linux graphical user interfaces - essentially, the way design elements like menus and toolbars are set up - run afoul of another 65, he claims. The Open Office suite of programs, which is analogous to Microsoft Office, infringes 45 more. E-mail programs infringe 15, while other assorted FOSS programs allegedly transgress 68.

Beware of Programmers who carry screwdrivers. -- Leonard Brandwein

Working...