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Microsoft Says Free Software Violates 235 Patents
Posted by
Zonk
on Sun May 13, 2007 08:26 PM
from the rut-roh-raggy dept.
from the rut-roh-raggy dept.
prostoalex writes "Microsoft told Fortune magazine that various free software products violate at least 235 patents, and it's time to expect users of this software to pay up patent licensing royalties: 'Microsoft General Counsel Brad Smith and licensing chief Horacio Gutierrez sat down with Fortune recently to map out their strategy for getting FOSS users to pay royalties. Revealing the precise figure for the first time, they state that FOSS infringes on no fewer than 235 Microsoft patents.'"
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Linux: Why Microsoft Won't List Claimed Patent Violations 626 comments
BlueOni0n writes "Earlier today, Microsoft announced it will begin actively seeking reparations for claimed patent infringement by Linux and the open source community in general. One opinion on why Microsoft won't reveal these 235 alleged IP infringements to the public is that they're afraid of having the claims debunked or challenged — so instead they're waiting until the OS community comes to the bargaining table. But a more optimistic thought is that Microsoft may be afraid to list these supposed violations because it knows the patents can be worked around by the open source community, leaving Microsoft high and dry without any leverage at all."
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Microsoft Details FOSS Patent Breaches 576 comments
CptRevelation writes "Microsoft has released more detailed information on the patents supposedly in breach by the open-source community. Despite their accusations of infringement, they state they would rather do licensing deals instead of any legal action. 'Open-source programs step on 235 Microsoft patents, the company said. Free Linux software violates 42 patents. Graphical user interfaces, the way menus and windows look on the screen, breach 65. E-mail programs step on 15, and other programs touch 68 other patents, the company said. The patent figures were first reported by Fortune magazine. Microsoft also said Open Office, an open-source program supported in part by Sun Microsystems Inc., infringes on 45 patents. Sun declined to comment on the allegation.'"
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The big fight LIVE! (Score:5, Funny)
In the Blue corner weighing in at 289 pounds we have Monkey Boy Ballmer, his speciality move: The chair.
In the Red corner, weighing in at 432 pounds we have the one and only R.M.S, speciality move, being R.M.S.
Who will win this epic battle?
Re:The big fight LIVE! (Score:5, Insightful)
I would guess that Microsoft probably infringes on some number of IBM patents - but then, pretty much everyone does. The thing I don't know is, does Microsoft already hve some patent license agreement (presumably some sort of blanket agreement) with IBM to cover them?
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The big problem is that... (Score:5, Insightful)
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Let me be the first to say... (Score:5, Funny)
Re:Let me be the first to say... (Score:5, Insightful)
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Re:Let me be the first to say... (Score:5, Insightful)
Microsoft patents that Linux infringes on almost certainly include their patent of file system symlinks, which have been in Unix systems since the seventies, as well as a slew of other very obvious inventions, none of which have been tested in court. Getting a patent granted, as denizens of Slashdot are all too well aware [freepatentsonline.com], seems to be the easy part. Validating those patents in a court of law may be a little more difficult, especially when one of the supporters [ibm.com] of linux, might have a patent portfolio that would push Balmer from chair throwing to crying uncle.
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Go ahead, make my day. (Score:5, Interesting)
cAjones != cOjones (Score:5, Funny)
A cajón is a big box (the aumentative of caja). A cojón is a testicle. Maybe that's the word you were looking for?
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since when do users pay royalties? (Score:5, Interesting)
Re:since when do users pay royalties? (Score:5, Interesting)
And an even more interesting connection, how do they intend to collect these said royalties?
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Re:since when do users pay royalties? (Score:5, Insightful)
In the old days, we called this extortion.
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no patents (Score:5, Insightful)
Ok just get rid of software patents. Software should've never been permitted to be patented in the first place.
Microsoft is silly (Score:5, Insightful)
However, I always saw it as a way for Microsoft to loosen its illegal monopoly status: by letting free software use some of its patents, its leveling the playing field.
And now they screwed it up. Countdown before more anti-thrust lawsuits start, 5...4...3...2....
Deja Vu? (Score:5, Funny)
where is the list of patents? (Score:5, Funny)
Microsoft: It's a fact that Linux and free software infringe hundreds of our patents.
Journalist: Which ones?
Microsoft: Well, the kernel violates 60, the GUI violates...
Journalist (interrupting): which 60? Where is the list?
Microsoft: I'm not prepared to disclose that at this time.
Journalist: Well this is a big fucking waste of my time, isn't it?
Journalist: I went through this same dance with Darl McBride. Call me when you have something to say, bye
Re:where is the list of patents? (Score:5, Funny)
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So then (Score:5, Insightful)
Re:So then (Score:5, Insightful)
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Show it. (Score:5, Insightful)
Too late (Score:5, Insightful)
I'm willing to bet (Score:5, Insightful)
When MS can claim to have 235 patents that are violated by F/OSS we need to look closely at why they have that many that can be infringed upon by people so easily... perhaps they are not unobvious at all or too broadly stated to be of use other than to be an offensive tool to use against competitors.
And the strategy comes through (Score:5, Insightful)
Odds are, they'll be smarter about it than SCO - rather then go right for IBM (with tons of dollars to pay lawyers), they'll make "deals" with places like Novell and others so insure that PC tax continues no matter whom the likes of Dell and Gateway and others finally go through.
The sad thing is, there still isn't a great competitor to Windows. Linux is nice and Ubuntu and other distros have come far, but it seems they lack that final step (like "How do I change my screen resolution?" or other bits that only techies would know). OS X is my preferred OS as a security analyst, but it only runs on one system (I know - Apple sells hardware, blah, blah, blah, but damn - if they make Leopard for *all* X86 systems, they might take over the desktops - I've met plenty of CIO's who want that).
Either way, Microsoft's plan is to continue to be the "gasoline" of computers: they don't make the computers, but they get paid for every one that's made. Through their threats and strategic lawsuits/threatening of lawsuit, they'll ensure their money for a long time to come.
Unless, of course, there's enough people who stand up and say "No" and pool together *their* money to help companies fight back....
WTF? (Score:5, Insightful)
"Microsoft counters that it is a matter of principle. "We live in a world where we honor, and support the honoring of, intellectual property," says Ballmer in an interview. FOSS patrons are going to have to "play by the same rules as the rest of the business," he insists. "What's fair is fair."
Since when? Of all the corporations that have trampled small businesses IP rights Microsoft have to be the biggest shower of shits in existence. Most of their product range is based on other people's ideas and much of that, e.g. IE was ripped from small business with minimal reward to the innovator.
Basically, name them. Yep, name the infringements. Don't hide behind lawyers and withhold information, BE SPECIFIC!! Many of the IP claims that Microsoft put forward to the EU were minor extensions to existing Open Source software and are no "innovative" enough to justify the high fees requested, equivalent to making an add on to a car and claiming IP over the entire car. If accidental infringment has occured then it's reasonable to allow the FOSS authors the chance to remedy the situation by rewriting code but it's also reasonable to give them access to the information required to perform the task.
It's a constant embarrassment to me that the toadying twat that runs my country saw fit to give a convicted monopolist and proven unfair player like Gates a knighthood and until Microsoft starts behaving in a reasonable and honest manner Gates, Ballmer and Co. can stick their royalties up their arses where their heads have been for the last twenty years.
To reiterate, STATE YOUR CLAIMS IN FULL. Stop hiding behind misinformation, partial information and the pathetic, sad bullshit that has for so long been a trademark for Microsoft business practice.
There, I feel a bit better now.
Re:Software patents (Score:5, Insightful)
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Re:Software patents (Score:5, Interesting)
If FOSS were somehow limited to the US, maybe they could hire enough lawyers to mount an offensive. But with the extremely strong chunks of the community around the world they literally have no chance. At best they can just fuck things up and make themselves look even more "evil" than they already do.
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