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Microsoft says open source violates 235 patents | |
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| Time: 00:15 EST/05:15 GMT | News Source: ZDNet | Posted By: Kenneth van Surksum | ||
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Microsoft claims that free and open-source software violates more than 230 of its patents, according to a magazine report published Sunday. In an interview with Fortune, Microsoft top lawyer Brad Smith alleges that the Linux kernel violates 42 Microsoft patents, while its user interface and other design elements infringe on a further 65. OpenOffice.org is accused of infringing 45, along with 83 more in other free and open-source programs, according to Fortune. It is not entirely clear how Microsoft might proceed in enforcing these patents, but the company has been encouraging large tech companies that depend on Linux to ink patent deals, starting with its controversial pact with Novell last November. Microsoft has also cited Linux protection playing a role in recent patent swap deals with Samsung and Fuji Xerox. Microsoft has also had discussions, but not reached a deal with, Red Hat, as noted in the Fortune piece. | ||
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| #1 By 7754 (75.72.156.204) at 5/14/2007 1:29:46 AM |
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Here we go...
Do I even dare look at the comments section on ZDNet? This just ruined some basement-dweller's WoW weekend (WoWW?). |
| #2 By 3653 (68.52.143.149) at 5/14/2007 2:23:45 AM |
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Apparently if you wish for something hard enough, it'll eventually come true. Just ask the opensores folks that have been simply begging for this sort of info. Well, they got their wish. Enjoy the bittersweetness of HELL.
Seriously though, I think the last bit of the gpl-lover's hope ran out with the last batch of customers that signed up in support of the Microsoft/novell deal. Those folks don't plunk down hard cash for NO reason. This post was edited by mooresa56 on Monday, May 14, 2007 at 02:27. |
| #3 By 12071 (203.217.60.182) at 5/14/2007 8:08:38 AM |
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#2 Sorry, can you provide a little more info than "Linux kernel violates 42 Microsoft patents, while its user interface and other design elements infringe on a further 65. OpenOffice.org is accused of infringing 45, along with 83 more in other free and open-source programs"?
Perhaps you can start with exactly WHICH patents it infringes on and then we can discuss where it infringes on those patents. Can't be too hard right? You know which patents Microsoft has and you have the full source code to every piece of software that they mention infringes on said patents. Come on... why are you being so vague about it? It's Microsoft's intellectual property that is being infringed after all!! They should start suing NOW! I mean what could they possibly have to fear... it's not like they infringe on anyone else's patents right? "Those folks don't plunk down hard cash for NO reason." That's true... "But FOSS critics of the deal would later speculate that the real purpose of the payments was to induce Novell to cut a royalty deal on Linux that Novell knew was unnecessary. Says Red Hat's Webbink: "It allowed [Microsoft] to go out and trumpet that, see, we told you Linux infringed, and these guys are now admitting it."" And here you are trumpeting that message! |
| #4 By 15406 (216.191.227.68) at 5/14/2007 8:42:54 AM |
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Just more noise form MS and one of their favourite media safe-harbours, Fortune. This article sums it up nicely:
http://www.groklaw.net/article.php?story=20070513234519615 This post was edited by Latch on Monday, May 14, 2007 at 08:44. |
| #5 By 15406 (216.191.227.68) at 5/14/2007 8:56:58 AM |
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"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."
Why is it then that MS has been on the receiving end of so many infringement suits? And, as me, Kabuki and millions of others have said over the past several years, if MS is so upset about these supposed infringements, let the world know what they are and the FOSS community will rewrite their code so as to not infringe any MS patents. But MS won't do that because it gets more mileage out of the FUD. Meanwhile, I would say that MS violates many patents held by the Open Invention Network, so a dark cloud hangs over Windows. Time to get your own house in order instead of whining to friendly journalists, Mr. Ballmer. |
| #6 By 52115 (66.181.69.250) at 5/14/2007 9:04:13 AM |
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Patents for a GUI Interface??!
Give me a break.. Atari's ST series of computers were using GEM desktop back in the early-mid 80's.. We had a 1040ST and this was the first machine I learned to use a mouse with.. So in other words, invention is out the door because microsoft owns it.. So much for choice in MS's eyes.. What they don't create, they either buy or destroy.. Nothing like a good monopoly doing whats best for their "stock holders".. Oh darn, Mr. Smith won't be able to afford the new lamborghini this year.. He'll have to settle for next years model and drive a two-year old model.. wa-wa-wa.. |
| #7 By 24029 (192.85.50.2) at 5/14/2007 1:02:42 PM |
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While I am not a big proponent of FOSS, I have to agree that the article linked to in #4 makes some very good agruments/cases that this is merely FUD to prevent/slow down FOSS adoption in the enterprise. Since the recent SCOTUS patent ruling, the arguments that Ballmer and Smith made may no longer hold water, or stand up in court for long. This post was edited by r0b3rt on Monday, May 14, 2007 at 13:03. |
| #8 By 2960 (24.254.95.224) at 5/14/2007 1:22:12 PM |
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I wonder how many patents Microsoft violates that we don't know about?
TL |
| #9 By 32132 (142.32.208.234) at 5/14/2007 1:22:26 PM |
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Groklaw: " What kind of companies threaten to hurt you if you don't pay them protection money?"
What kind of website deliberately lies about the article? A shill for the FSF. Microsoft has paid more to Novell than Novell will pay to Microsoft because Microsoft wants cross-licensing deals with responsible companies. Microsoft doesn't want a patent war. GPL fanatics want the right to steal companies IP. Does Groklaw think people won't read the article? |
| #10 By 15406 (216.191.227.68) at 5/14/2007 2:02:39 PM |
| #8: That's the funniest part. It is probably true that most software infringes on one or more patents, considering how ridiculous the USPTO has been for the past 20-30 years about broad-sweeping patent grants. |
| #11 By 32132 (142.32.208.234) at 5/14/2007 3:00:38 PM |
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#8 Which is why Microsoft chose cross-licensing as its strategy:
"In 2003, Microsoft executives sat down to assess what the company should do with all those patents. There were three choices. First, it could do nothing, effectively donating them to the development community. Obviously that "wasn't very attractive in terms of our shareholders," Smith says. Alternatively, it could start suing other companies to stop them from using its patents. That was a nonstarter too, Smith says: "It was going to get in the way of everything we were trying to accomplish in terms of [improving] our connections with other companies, the promotion of interoperability, the desires of customers." So Microsoft took the third choice, which was to begin licensing its patents to other companies in exchange for either royalties or access to their patents (a "cross-licensing" deal). In December 2003, Microsoft's new licensing unit opened for business, and soon the company had signed cross-licensing pacts with such tech firms as Sun, Toshiba, SAP and Siemens. " |
| #12 By 3653 (68.52.143.149) at 5/14/2007 7:50:20 PM |
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NotParker, please stop actually reading the article. You're embarrassing certain other people.
latch - "I would say that MS violates many patents held by the Open Invention Network" Apply your own measuring stick and have them "let the world know what they are"... give details of what patents Microsoft is stepping on. Or perhaps you have just shown your dual-faced nature, me thinks. |
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