Ballmer Threatens Linux Patent Lawsuits 506
gillbates writes "Today Microsoft warned several Asian countries that using Linux could subject them to lawsuits, claiming that Linux violates '228 patents'. Apparently, Steve Ballmer believes he can enforce U.S. law in Asia." Ballmer is presumably speaking about this story. So, companies which sell insurance against lawsuits and companies which make competing products both warn of the dangers of using Linux. Maybe someone should point out that Microsoft is battling dozens of patent-infringement lawsuits itself, and any user of Microsoft software (including governments) could also be sued?
Maybe someone (Score:5, Insightful)
Re:Maybe someone (Score:5, Interesting)
I'm willing to donate literally tens of dollars to such a cause.
Re:Maybe someone (Score:3, Funny)
Re:Maybe someone (Score:3, Funny)
-- n
Re:Maybe someone (Score:3, Funny)
Noise and smoke (Score:5, Insightful)
One way to look at it is that lawsuits are an expensive way to make noise. Ballmer has to make noise or else folks will resume paying attention to their work and finding that MS is an obstacle. Or worse, that folks will start checking out other options like OpenOffice.org or OS X or one of the Linux distros. Or, even worse, they'll start to realise that MS stock is a worse investment than Enron:
Mainstream press is starting to figure out that MS-Windows dominance will last only another 2- 4 years [zdnet.com.au] and that only because of the enormous marketing and lobbying engine that MS is. To add weight to that, MS blocked its employees from exercising their "underwater" stock options during 2004. That was intended to increase retention, as employees need to remain with Microsoft to receive the payout [zdnet.co.uk]. Retention would not be an issue unless the company looked to have no future.
Many execs, however haven't been able to empty their portfolios yet and want more delay.
Re:Noise and smoke (Score:3, Interesting)
Closer reading of the article suggests that it will be 2-4 years before Linux becomes competitive with Windows. The year of Linux always seems to be 2-4 years in the future.
Re:Noise and smoke (Score:3, Insightful)
What the hell you talking about?
1. Who WANTS to exercise underwater options? That means that you LOSE money because you suddenly have options that cost WAY more than the market value is and selling those would instantly lose a ton of money.
2. Blocked? Well there is this thing called Vesting....which happens everywhere which gradually increases the number of options you can exercise. Its not nec
Re:Noise and smoke (Score:3, Interesting)
1. "indemnify" does not mean "you cannot be sued". Only "we'll pay you the damages if you get sued"
2. the indemnification move is a recent anouncement, the EULA only says "not exceeding the software cost" and "MS is not liable" (HA!) - and all you have to show for it is a website, at most (not really legally binding, eh?) Reading the conditions, it's not exactly guaranteed, either, that MS will deign to step in. Plus, even if they do, you need to completely hand over the defense to them, wh
Not interpreting article correctly... (Score:5, Insightful)
However the article makes a terrible assumption, that Microsoft is way outspending "Open Source" with R&D dollars!! Six billion (for MS) to ten million (OSDL labs R&D budget).
If you think about it that is really absurd, you should really think about it in terms of raw manpower and not dollars spent. In software some guy in a garage working weekends is every bit a potential source of a great idea as some guy sitting on a million dollars worth of hardware. There is no supercollider or electron microscope of the software world without which it would be hard to make a contribution. Counting manpower, Microsoft is hopelessly outclassed by many orders of magnitude.
So, basically I would say just don't quote that article at all!
Re:Noise and smoke (Score:3, Insightful)
One way to look at it is that lawsuits are an expensive way to make noise.
Precisely. The proper way to stop the noise is to pull the carpet out from under the noise maker, not to buy millions of earplugs. Do you hate Microsoft's sleazy tactics? Do you hate bogus software patents? Then do everything within your power to make Open Source succeed in the marketplace.
Re:Maybe someone (Score:3, Funny)
pay no heed to this sycophant.move along in an orderly fashion,nothing to see here.
Re:Maybe someone (Score:2)
Not really an issue when you consider the fact that companies like SCO are losing money in these infringement cases.
FTA: "Some day," he continued, "for all countries that are entering the WTO [World Trade Organization], somebody will come and look for money owing to the rights for that intellectual property."
Notice how he didn't say the SCO!
Re:Maybe someone (Score:3, Interesting)
Another thing to keep in mind is that Microsoft now offers patent (and other IP) indemnification for their volume customers. From the latest Ballmergram [microsoft.com]:
That's their Linux strategy, folks. O
Re:Groklaw started all of this (Score:5, Insightful)
OSRM hired PJ to do a free-lance project for OSRM, a project PJ wanted to do on her own anyway but didn't have the time to do it. The project was to update the Linux timeline. OSRM hired PJ to do this project on a new site, Grokline, not on Groklaw, and said she could spend as much time as she needed to work on Groklaw. This was good as before PJ had to do freelance paralegal work which prevented her from spending as much time on Groklaw as she wanted. Now she could spend a lot more time.
Everybody's happy except those people who believe the lie that PJ sells insurance. She doesn't. She has no controlling interest in OSRM. She was hired by them to do a specific job, a job in fact that will lessen the need for people to get insurance!
As for the 228 or 283 patent violations, that gets thrown around loosely in very inaccurate ways. Read the orignal OSRM press release (yes, it came from them, not from PJ who had nothing to do with it) and you'll see that OSRM is NOT saying that Linux violates patents, but that in today's litigation-happy climate, it's good to be aware that there are a bunch of patents out there that are vague enough to possible be used in nuisance lawsuits by someone hostile to Linux. It doesn't mean Linux really DOES violate those patents, but that unscrupulous companies might try to pretend otherwise. As SCO proved, you can be completely wrong and yet gum up the court system for a long time while you blab about your lies. That costs money. So OSRM, as other groups did, stepped up and said if you were in a vulnerable position (that is, prominent and a likely target from a money-hungry unscrupulous company), they would offer insurance in the case that you did get take to court.
Individual developers don't have to worry about it. They're not the cash-rich targets the SCOs of the world seek to shake down.
None of the above will shake the confidence of the anti-Groklaw shills that are spreading lies about PJ in an attempt to discredit her. They may not be in SCO's employ, they might even be sincere (sincerely wrong, of course), but the net effect is to help SCO's efforts. Way to go, trolls. I hope anyone else who reads this will take the time to research what I said to prove for themselves that what I said is a lot more accurate than what the anti-Groklaw folks are saying.
Re: (Score:5, Funny)
Solution to THAT problem..... (Score:4, Funny)
C'mon then, someone tell me that the patent says "two or more clicks in quick succession"....
In related news... (Score:5, Funny)
OSGILIATH (Reuters) - Mordor Corp. warned Middle Earth kingdoms on Thursday they could face the wrath of Orc armies for harbouring and aiding Gandalf and his fellowship of hobbits instead of rightfully bowing to the will of Sauron.
The growing popularity of Gandalf - a wise and benevolent wizard who freely aids all in need and is a friend of all free people of Middle Earth - is a thread to the global dominance of Sauron's Dominion Of Evil.
Gandalf's fellowship has illegally kept Sauron's valuables, Mordor's Mouth of Sauron said at the regime's Middle Earth Kingdom Leaders Forum in Osgiliath. He did not provide any details on what exactly the nature of Sauron's valuables which were stolen are, which the Fellowship disputes.
Ex-hobbit Gollum McBride, who claims that "nasty hobbitses stole his preciousss", is suing elves and hobbits alike, including the Shire.
Rohan's Riders of Defense at Gandalf's council last month readied 20,000 horsemen to face the assault of Mordor Corp instead of submitting freely to the evil reign of Sauron.
Other kingdoms in the region are also beginning to rally under one banner. Gondor, Arnor and Erebor this year agreed to jointly combat Sauron's forces at Gandalf's advice.
The kingdom of Gondor, in particular, sees its proximity to Mordor as a potential threat. Conspiracy buffs believe that subliminal messages sent to Denethor from Sauron via his Palantir might drive the steward insane and thus confuse and cripple Gondor's defenses, possibly during a battle in the Pelennor fields.
The Mouth of Sauron said that security fears some rulers had about surrending to Mordor were "overblown".
"We think Sauron will provide far more security than Gandalf ever could. Sauron is a better protector for you lot because he has this awesome Ring which he forged, he fixed and he stands behind. Gandalf doesn't have an awesome Ring," he said.
You did it again... (Score:5, Funny)
You left out Tom Bombadil.
And the liberation of the Shire.
Bahhh...
I hope it will be included in the Special Extended Edition of this post...
Re:In related news... (Score:5, Funny)
Well, that's helpful. (Score:5, Insightful)
Keep in mind that China is a Communist country and any concept of intellectual property is relatively novel.
Re:Well, that's helpful. (Score:5, Interesting)
Keep in mind that China is a Communist country and any concept of intellectual property is relatively novel.
Keep in mind that China, Japan and Korea are cooperating together to create a standardised asian linux system, and considerable sums of money have been invested in the project. A large pat of the reason was to remove dependence on foreign companies... which is to say, Microsoft.
China, Japan and Korea working together is no mean feat either - they are historically incredibly bitter enemies. Think a nice English/Irish/French cooperative linux distribution and you might get the idea.
I doubt China will be scared of Liux by anything Ballmer has to say about patents. You're quite right. They are more likely to take the other option and view the software patents as the problem.
Jedidiah.
Re:So? (Score:3, Funny)
In the dark past of Frenchkind, there is only war...
Since When Did... (Score:3, Insightful)
China has the second most powerful military and the fastest growing economy. Plus they are not a democracy.... again, why would they care?
Re:Since When Did... (Score:3, Informative)
They care because the US is a major trading partner, they care because Microsoft is a significant corporate presence in China, giving China credibility with the WTO. Microsoft Joins in China Software Industry Association [people.com.cn]
They care because Microsoft spends $7 billion USD a year in China on basic research. Gates: Microsoft to expand China research [people.com.cn]
Re:Well, that's helpful. (Score:4, Funny)
"You forgot Poland. No, seriously, don't fucking forget Poland."
IP Law in China (Score:3, Informative)
Laws and Regulations [most.gov.cn] provides links to English language translations of the Chinese law of copyright, trademarks, patents, etc. There is not much here that would look unfamiliar to the U.S. or any of it's major trading partners. No one is expecting any immeadiate changes on the street, but building a solid IP portfolio is beginning to look like a good business practice even in China. Microsoft Not [nwsource.com]
The View From Singapore (Score:4, Insightful)
Remember folks, sg is about to move to a US-like copyright regime starting this Jan, after a successful round of FTA talks with the US. Essentially, we're about to get a DMCA-like law here, which includes criminalisation of piracy (currently, only selling pirated software is illegal; now even possession is punishable by jail), and yup, you guessed it, patenting of software.
Gov.sg organisations, which have been MS-friendly so far, are therefore running scared, and are fast moving over to OSS; to cite another example, the sg library system has also moved its systems over to Linux now. Smalltime .net-only ISV's like mine are already feeling the pinch; I know of at least two other ISV's like ours who are seriously considering migrating their code-bases to Mono or something like that.
Ballmer's comments should be taken in this context here; he's basically telling us that we can, possibly, run, but not hide, from the MS-patents keiretsu.
Indemnified? (Score:5, Informative)
Re:Indemnified? (Score:5, Insightful)
Don't get me wrong, I'm no MS fanboy, but lets be clear about it. I don't think any company can safely claim to be 100% in the clear when it comes to patents. Not in the world we live in...
Re:Indemnified? (Score:5, Informative)
I believe Microsoft will indemnify as long as you don't use any non-Microsoft software at all on your system.
See this article [groklaw.net] on Groklaw for a description of some of the other possible loopholes.
Matt
Re:Indemnified? (Score:4, Informative)
That means that if it is clearly the MS product that infringes, the agreement does not allow MS to back out.
I feel that Groklaw is wrong on this.
Jan
Re:Indemnified? (Score:5, Funny)
That's true, they did. Which means that even if Microsoft sues itself, I'll be in the clear!
Re:Indemnified? (Score:3, Interesting)
Traditionally, it's the responsibility of the software developer to deal with the IP stuff, and the customers can just go and use it. If the developer violates some patents, they're the o
We should be grateful for SCO, who showed the way (Score:4, Interesting)
But guess what? For over a year now, these executives have been hearing about this little SCO company suing IBM, and
And what's this Linux thing the executives keep hearing about? Oh, it's nothing to worry about, says Microsoft. Ignore it, says Microsoft. Pay no attention, says Microsoft's Steve Ballmer to Munich, skiing across the Atlantic to bring this not very important message to Germany. Don't bother to even think about it, says Microsoft, pulling out all manner of independent reviews to prove its point.
And now, Microsoft roars, if you use Linux, we will SUE YOU!!!! (if you're in China). The Price-Waterhouse executive quakes in his boots as he gazes on the corporate global map--
Hey, waitaminnit, he says. We don't *have* anything in China.
He picks up the phone. "Miss Wynton? Have you renewed our corporate membership in MandrakeClub Gold yet?"
Thank you, SCO.
Good way to make friends (Score:5, Interesting)
"Buy our expensive software... or try the alternative and we'll sue you."
Good way to make friends.
Re:Good way to make friends (Score:5, Insightful)
Re:Good way to make friends (Score:5, Insightful)
They're making a big effort to become the de facto software company in Asia, like they are in the U.S. and Europe. That's why they're making their software available at lower prices in stripped-down versions. In most parts of Asia, you don't have to justify NOT buying MS software - as you do here. That's what MS is trying to build in Asia. They are trying to make "friends" among businesses like they have here. That is the best way for them to make money.
But, as I wrote in my previous post, I think this tactic may be too aggressive and backfire by putting people off. At least I hope people won't buckle to a show of trumped-up muscle. If they truly decided MS software is what's best for them, more power to them. But I hope they won't be scared into buying it. And I don't think they will.
Re:Good way to make friends (Score:3, Interesting)
Re:Good way to make friends (Score:3, Insightful)
Earning a living is not bad - its how you earn that living that counts. Microsoft is one of the worse in this regard.
This will backfire. (Score:5, Informative)
We will not forget you for this, Poland! (Score:2, Funny)
You are not forgotten!
Re:This will backfire. (Score:3, Funny)
Perfect, another reason for the US government to wage war.
Re:MOD PARENT UP! (Score:5, Interesting)
I am not suggesting that we have "The Seattle Software Party". I don't think that polluting the Port of Seattle would accomplish anything in this case. I am simply suggesting that you should each give your law makers a history lesson to remind them of the consequences of government caving to big business and not protecting the people.
Counter with more speech, not a speech ban (Score:2)
pirated copies of linux (Score:5, Funny)
Re:pirated copies of linux (Score:3, Funny)
A pirated copy of Linux... now that's something I'd like to see... :-S
Re: (Score:2, Interesting)
Re:Ho hum (Score:3, Insightful)
You just said it. They are competing by doing better than the competition. Just that they are trying to win over not customers but judges. It's probably easier that way - customers are either stuck on Windows or addicted to free - either way you won't get a lot of money from them.
Writing software doesn't make you money anymore, so you ha
Patent Law (Score:2, Insightful)
MS: Please, sue the governments first... (Score:2)
FUD, FUD, FUD (Score:3, Insightful)
I suppose with the SCO FUD-fest against Linux imploding, that Ballmer feels the need to spread FUD direct from the source to combat the Penguin Horde advancing on the Gates of Redmond.
Re:FUD, FUD, FUD (Score:3, Interesting)
Re:FUD, FUD, FUD (Score:3, Insightful)
10 years ago the calculation was that Windows NT offers the migration path away from UNIX to a Microsoft world (Windows NT is certified UNIX95 compliant, even though in 1995, Microsoft owned t
Re:FUD, FUD, FUD (Score:3, Insightful)
That depends on how much Linux is then used in the servers. Making Longhorn clients incompatible to Linux servers may well have the effect of making it harder to adopt Longhorn if Linux servers are common enough then. That is, a Longhorn incompatibility strategy can only work if MS already has enough server market share at that time.
So what if they sue? (Score:5, Insightful)
The US could complain to the WTO or somebody, but they are toothless. China is too big to start a trade war with.
Poland just recently decided against supporting software patents in the EU. Does that mean they will not respect other countries' patents on software or just that they will not go along with Europe issuing them?
Re:So what if they sue? (Score:3, Informative)
No country does or is expexted to respect other countries IP laws, but the US has put political pressure on other countries to make their own laws more like its
Re:So what if they sue? (Score:5, Informative)
Listen to this speech [ugent.be] (mp4 audio, 3.9 MiB) given by David Martin [m-cam.com] from M-CAM [m-cam.com] at the FFII conference [ffii.org] on software patents from last week. His company is specialised in assessing the value of patent portfolios and technology transfers. Here's part of a transcript of his speech:
Listen to the rest of his speech for more. I guarantee you it'll be worth your while. For the record, he concludes his speech with
Nice to hear that from someone in the field, isn't it?
Unlike in the US, the introduction (or not) of software patents in Europe is being handled via a legislative process (as opposed to purely via case law). For an overview of the legislative process, have a look here [nosoftwarepatents.com]. The bottom line is that it's currently the turn of the European Council of Ministers, which has to reach a qualified majority for one text or another. The current text is hardcore pro-unlimited patentability.
Now Poland has confirmed they do not support that text (they weren't even formally asked after a break in a meeting in May where some fake compromise amendments were introduced, and where a political agreement was reached). Together with a change of voting weights that went into effect on 1st November (because of the expansion of the EU), this means there is no longer a qualified majority for the current text.
So it has nothing to do with not respecting other countries' patents. Besides, a patent is always only valid in the country it has been granted in, that's how pat
Re:So what if they sue? (Score:3, Informative)
Just another typical day on Planet Ballmer... (Score:3, Insightful)
No law (Score:3, Insightful)
No, I think he's counting on it that Asia cannot prosecute Microsoft under U.S.A. racketeering laws.
Re:No law (Score:2)
Is this guy for real? (Score:2)
I believe the real war for M$ is in the trenches, and Ballmer making these stupid statements from time to time has only got to unnerve his customers (rather than his competitors).
What they really need to be doing is getting aggressive on making deals happen using price points that will work (which they are already doing), and work on improving their image as far as se
ahem... (Score:4, Informative)
FUD, FUD and more FUD (Score:2, Insightful)
This sort of MBA doublespeak makes my blood boil!
Windows is more secure? (Score:5, Insightful)
Hilarious. That is like saying "I am the strongest man in the world because I have brown hair, I wear shoes, and I am standing here right now."
Re:Windows is more secure? (Score:4, Insightful)
Interesting. I find the Authors name usually to be in the README, THANKS, AUTHORS files and / or CVS commits.
The changelogs are also useful.
Actually, He Probably Can (Score:2)
Despite the fact that Asia is notorious for being a den of thieves when it comes to software, I'd bet that Microsoft can lean on enough people who can lean on the right people over in Asia to crack down.
And well they should. If the patents are bullshit then the lawsuits will put them permanently six feet under and if they're legit then Linux can fix itself for the future. Wah wah. Patents are coming. Boo hoo.
You will buy our software or else (Score:2)
Surely Microsoft should target the vendor not the recipient of the software? that is if there's anything but FUD in their argument.
It just shows how desperate they are becoming.
US law? (Score:2)
Besides which, a significant number of the projects that may be targetted are developed in the States, and thus fall under US patent laws. They may not have a case overseas, but that won't matter much if they cut the legs out from under the project. Sure, with open source you can take over d
BBC-news coverage. (Score:3, Informative)
Microsoft, the world's largest software maker, has the most to lose should Linux use spread.
This nicely puts Balmers statement in the correct perspective for the readers that aren't 'into the bussiness'. I like that...
Reminder to Ballmer about Novell's Stance (Score:4, Funny)
Advice to Ballmer: If you fight linux with patents, be prepared for Novell.
http://www.novell.com/company/policies/patent/ [novell.com]
Does anybody know Steve's birth day? (Score:5, Funny)
I think he can pull that look off better than Bill can.
Either that, or a pinstripe suit - so he can do the "Nice OS you have hear. It'd be a shame if anything were to happen to it" thing better.
Assumed ACE (Score:5, Insightful)
Microsoft says: (Score:5, Insightful)
While I generally take legal threats and action fairly seriously, my knee-jerk reaction is that Microsoft will be laughed out of the arena on this one. This would be a persuit that would turn the public against them. I can see the IBM propaganda commercials on TV now. They'd be depicting a hobbyist writing making something in their garage or basement followed quickly by a SWAT team with guns pointed at his head.
While it's true that business has taken a natural interest in Linux. It's free, it's reliable, it's flexible, it's customizable and it's everywhere and simply growing and growing. It can't be stopped. Anything that Microsoft does againt the users of Linux will certainly make them look even more evil in the public's eye than ever before.
Public opinion has turned against the RIAA and MPAA because they're now known for suing children and little old ladies. Clear Channel has bad enough vibe out there that they are operating under the names of the companies they bought out just to hide their identity since many people no longer want to go to Clear Channel events. Most people accept Microsoft as part of their computer like a keyboard, mouse or monitor. But when people and small businesses start getting sued and the public gets wind of it, not only will it serve as free advertisement for the new "Underdog" but it'll cause a lot of negative opinion against Microsoft. Apple will start collecting more fans as their next home PC will be a happy-faced G5 running something that's not Microsoft.
Go ahead Microsoft... make my day.
MS CANT use patents to stifle competition (Score:5, Interesting)
If MS attempts to use a patent to stifle Linux uptake, the courts can strip the patent from them even if it IS a valid patent.
Microsoft threatening like this is the best thing that has ever happened to those of us who oppose software patents. MS is huge and rich, but compared to the rest of the US and world economy, they are a flyspeck. Microsoft seems to be ACTIVELY trying to turn the whole world AGAINST them.
Funny how Ballmer is sounding like Darl McBride...
If you are a former customer, expect to be sued. You have our "presssccciiooouss" IP.
Suing your customers, or THREATENING to sue your customers is not a proven successful business tactic.
IBM has more patents than God, and their business interest is in protecting Linux. I am not too worried about MS or someone sucessfully getting Linux stopped via software patents, and the attempt will do more to teach our business community and our government that software patents are bad and should be abolished or limited in scope.
For one thing, companies should have to choose: Copyright or patent. They can have one or the other, not BOTH.
Re:MS CANT use patents to stifle competition (Score:4, Insightful)
Why yes, they can. It's legal! And they will. What makes you think they would not?
If MS attempts to use a patent to stifle Linux uptake, the courts can strip the patent from them even if it IS a valid patent.
Very VERY unlikely. The courts over and over side with big business and patent holders. Eola was a fluke.
Suing your customers, or THREATENING to sue your customers is not a proven successful business tactic.
SCO is the exception, and had it not been for the fact that Linux had Red Hat, Novell, and IBM behind it, SCO's threatening may very well have been successful. In other cases, threatening your customers works quite well when you own the market.
IBM has more patents than God, and their business interest is in protecting Linux.
Hog wash. IBM's business is protecting IMB. SCO is a little piss-ant, and IBM knows it can squash them, and have fun doing it. Microsoft would be a much different case. IBM and M$ would have worked out a very friendly financial arrangement with licenses and everything.
I understand how you feel, but your views do not take into account reality. Sorry.
Why am I not surprised? (Score:3, Interesting)
But it is quite intesting to notice the effect this type of argument has on some IT people. The other day one of our clients (a manager of a US company) tried to explain me (and my team) how all open-source licenses are dangerous. It was kinda funny, because he couldnt event tell the difference between acronyms such as GNU, GPL, LGPL, CPL, MPL, etc. Basically, open-source is bad because lawyers told him so, although he was unable to cite any real example. I got really upset.
Yeah, Ballmer's arguments make a lot of sense from his own perspective. MSFT wishes to thank SCO...
What about BSD code? (Score:3, Insightful)
and what about all the BSD code in Winders.... Yes it is sprinkled all through it. Look at the CL FTP client. Also what about SFU (Services For Unix) This is built on Open Source.
Guess Steve will have to sue himself!
Ballmer Dance Dance Revolution (Score:3, Funny)
"In a related story, Ballmer is suing Sony for allegedly producing an inferior product, Dance Dance Revolution, which he claims cannot stand up to 'real dancing.' Ballmer has reportedly broken 10 of the devices made for the PS2 doing, as he calls it, 'muh jiggy wifit foot stompin' moves....'"
"In yet another unrelated story, neighbors of Steve Ballmer are suing him for scaring their children with, as they explain it, 'producing high-pitched, glass-shattering, woman squeals.' Ballmer denied the allegations claiming that such noises are natural when 'getting jiggy wifit....'"
"I hear there's rumors on the Internets that we're going to have a draft." --George W. Bush
Desperation (Score:5, Insightful)
Paraphrasing from Mark Twain, "the threat of legal action is the last refuge of a scoundrel."
Steve Ballmer has an uphill battle to regain credibility among IT decision-makers if he has to abandon a tactic of directly comparing Microsoft's products to Linux and FOSS on the strict basis of features, price, bugs, security, standards adherence, kindly upgrade path lacking forced obsolescence, licensing terms, etc.
At least in the developed world where Microsoft has dominated the marketplace for years he can always bring up the Windows to Linux migration cost (neglecting to mention anything about the Windows to Windows migration costs) and backward compatibility to bolster his argument.
With this level of desperation, and with SCO's case foundering, MS may decide to fight more openly against Linux in the legal arena. But making such a move is risky from a PR perspective because it will cast MS in a bad light, opposing freely-available, zero-cost technology that helps anyone who cares to use it. While MS might be losing millions of dollars as companies choose FOSS in place of Microsoft products, it's not as if intellectual property violations (if they even exist) cause an equal - or even comparable - slide of millions of dollars into the pockets of greedy IP violators. Rather, most FOSS developers have minuscule wealth compared to Microsoft and stand to gain much less by contributing their work to the world at large. Pressing IP claims against software available to anyone and independently contributed by someone working from scratch in their garage at night is likely to smack of a David vs Goliath dispute, with Goliath wanting his tax from everyone else and David wanting to let the people keep their money.
Additionally, in the developing world they must regard claims of ownership of intellectual property as a curious and amusing Western contrivance for making money and preserving wealth, especially in light of the more preposterous patents that the USPTO has given over the last number of years.
"I have in my hand..." (Score:5, Insightful)
(if you don't get it...) [wikipedia.org]
Insolence! (Score:3, Insightful)
WTO (Score:3, Informative)
Apparently the poster has not been paying attention to either the article or modern history. When countries are in the WTO [wto.org], they take place in the World Intellectual Property Organization [wipo.int] also. Laws cross national boundries now.
It's Official! (Score:4, Insightful)
Balmer's attacks certainly mean that the threat on the server is real, but it may also speak to what MS projects on the desktop. No, Linux isn't likely to take the desktop in the US, but MS is probably projecting lowered sales of Windows there too. Why? Because the PC market is reaching saturation with today's machines more than powerful enough to meet the needs of most, which means fewer new PCs will be sold. Most sales of Windows are in new PC bundles. PCs also face competition from other increasingly capable consumer electronics like cell phones, music players, and handheld game consoles. These competing devices are less expensive than a PC and much easier to use. All of this means eroding sales of Windows over the next few years. Microsoft may have been holding out hope that the growing PC market in Asian might rescue Windows, but the Chinese-Korean-Japanese joint Linux venture threatens to close that door. So Balmer is probably getting a little desperate. Personally, I think if Microsoft is to survive, it'll be Bill Gates who figures out what they need to do. I think that in the end Microsoft will have to learn to play nice with Linux just as Sun seems to be doing now.
EH? (Score:4, Insightful)
So why is this?
Well, last time I checked, most of Europe is in the WTO.
Now, as you can read on Groklaw also, Poland just decided on not supporting the EU software patent proposal, thereby removing the majority that was there, so it seems that patents are a logn way off in the EU for now.
MS can (and should imho) engorce copyright, but to claim that they can enforce their patents in any country that becomes a WTO member ? From what is happening in EUrope it seems they are more then a bit off there.
This is a typical case of what can properly be called FUD.
You know you're in trouble when... (Score:3, Interesting)
This is REAL bad for Microsoft. First, it shows how much of a threat Linux is.
Second, those companies and governments he is threatening will think twice about enacting any software patent laws.
Third, no one likes to be threatened! It's just a simple fact that threatening someone is the worse thing you can do to make someone do what you want. Instantly that "someone" is antagonistic and will try at the first available moment to escape.
When Microsoft competed against Linux on price and quality it had a chance. Now we know it's over.
This is an excellent sign (Score:5, Interesting)
1) The WTO is, by definition, the WORLD Trade organisation. Subserviance to a global Microsoft Patent arsenal would put Microsoft a step closer to killing off any competition from freely distributable FOSS that can be deployed in homes and businesses. As Linux is the only real competition that Redmond have had in the last 15-20 years to surrender to this would be tantamount to giving MS the global software market forever. Future free software development in countries other than the US would be more difficult, possibly impossible, leaving every country in the hands of the MS. Your country disagrees with America? Simple, Homeland security adds you to the export ban list and all of a sudden your DRM permission gets revoked. Far fetched? Manybe, but in the current climate I bet its gone through a few minds in high places.
2) There are not many countries that trust America at the moment. Europe's nervous about Iraq (why not it's a lot closer to Iraq than the US is), half of the Middle East is keeping its head down while the other half sit wondering whether their next and are probably tooling up just in case. The North Koreans? Wouldn't wanna be in their shoes right now. The Chinese won't want to submit to anyone as their economy's growing fast and they won't want to relinquish control. In short, global software patents suit one country and although Tony Blair will probably prostrate himself on the Whitehouse carpet while swearing to keep the UK government/Microsoft partnership going it's still part of Europe.
So; Given that the main effect of global software patents will be to kill of any other countries chances of competing with Microsoft, what reason have they got for signing up. If anything, this speech gives Europe and China a sign of the state of things to come adding extra impetus to turn to Mandrake, SuSE, Red Star Linux and forget about software patents for good.
As SCO come closer to death it's interesting to see Microsoft's anti-Linux activities seeming more desperate as they flail around looking for options however implausible they may be. The ultimate effect of this one though may be the isolation of Microsoft to American territory, their overseas markets cut off by their own hand.
Incidently, if terrorism is the art of threatening attack in order to influence governments or organisations the tone of Stevey Boys rant could easily be interpreted as such. I therefore suggest that Redmond be declared part of the axis of evil terrorist organisations. A UN force should be deployed in Ballmers office and sanctions be imposed on the evil dictator within. Alternatively, it could be subcontracted to the Israelis who can surround the aforementioned with Tanks, keeping Monkey Boy incarcerated until he's 75 and becomes entitled to utilise the French health service.
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Re:This is an excellent sign (Score:3, Insightful)
Re:This is an excellent sign (Score:3, Interesting)
Now the field is changing though. SuSE, although owned by Novell is till a German based company and Mandrake is making its way into the French government although at a slower pace than SuSE's break into Munich. There's a reason why Microsoft is the richest c
Will this BACKFIRE?... I hope so (Score:3, Interesting)
What about all of those countries who're already members of the WTO? They should perhaps also get the message about how Microsoft sees IP law being used in the future. Which might well have a helpful collateral damage effect in Europe, if Europe's leaders are paying attention. Yesterday the Polish Government backed out of support for the EU patents directive, in a move which threatens to derail it... the sound of Microsoft threatening all-out IP war really ought to strengthen the opposition's hand, and make the European Parliament, which opposes software patents, more determined to fight. So well done, Steve, we look forward to the rebuttal.
MS Problem (Score:3, Insightful)
All Ballmer did with this statement is acknowledge that they were going to start a business war. What he may fail to see is that the business war has already started. He just told them where they were going to throw a salvo. So now they can posture being defensless and talk and negotiate on this point, while making other plans.
I really think that his statements were meant for the ear of US businesses.
Ballmer and Gates (Score:4, Interesting)
Re:Ballmer and Gates (Score:3, Interesting)
The most important thing
Patent ownership (Score:3, Informative)
As I recall, the ownership of these patents has never been revealed. For all we know, these patents could be owned by IBM. I know of one offhand - the RCU patent. IBM has publically stated that this patent is freely available for use within Linux (since they contributed it). Who knows how many other "friendly" patents are in there...
A common misconception (Score:3, Insightful)
Just shift it to a US naval base in Cuba - no law applies there.
any user of Microsoft software could also be sued? (Score:3, Interesting)
Maybe not sued but they still have to pay (or alredy paid) for such lawsuits. Where does Microsoft get the money from? From customers. Thus, if Microsoft is sued, costs are charged to their customers (more or less directly).
And IANAL, users can't be responsible for patent or copyright infrigement in software products they did not developed. Only those who actualy put the "questionable" code into the product should be responsible.
Thus, if customer is charged money for "indemnification" from IP lawsuits related to software he is using then he is not doing good purchase. No metter from whom he is purchasing (Microsoft, Sun, Red Hat, Linus & co., ...) and for what price ($1, $100, $1'000, ...). IMHO.
The whole "indemnification issue" from (at least some) software vendors looks to me like in best case like "Hey, customer. You know, todays IP laws suks and we are not sure whether we have some stolen-or-something IP in our products so while we do not want to pay the bill for such fucked-up system, you'll pay but to make you more comfortable with that, let us agree that we will call it indemnification and it means we are protecting you from bad-guys.".
Or, in worst case "Hey, customer. We stole some IP from others and put it into our product. It's great because we make money from you thanks to work of others. And because they may sue us, you have to pay us for indemnification so we do not go out of business. And while today IP laws suks, we can make all this fishy arrangement look like we are doing you a favor.".
Re:Typical...... (Score:5, Insightful)
People and companies outside the U.S. have legal action taken against them in U.S. courts all the time. While they can't necessarily do anything to that person/company in their own country, they can effect the status of that person/company with regards to dealings in and with the U.S. In layman's terms, that person/company is put on the shit list.
Re:lol (Score:3)
In the US National Football League, this maneuver is known as a 'play action fake'.
Re:Does anyone know (Score:3, Funny)
Also, I've already applied for a patent for "a device, possibly over the internet, which reduces frictional forces acting upon an object by minimizing the surface area in contact with another mass, and by utilizing a rotational vector.
I plan to get ford first, then (thanks to that internet clause), I'm going after torvalds.