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May 13, 2007 7:35 PM PDT
Report: Microsoft says open source violates 235 patents
Last modified: May 13, 2007 8:30 PM PDT
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In an
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
Microsoft CEO Steve Ballmer is also quoted in the article as saying Microsoft's open-source competitors need to "play by the same rules as the rest of the business."
"What's fair is fair," Ballmer told Fortune. "We live in a world where we honor, and support the honoring of, intellectual property."
The story notes that some big tech proponents of open source have been stockpiling intellectual property as part of the
A Microsoft representative did not immediately respond to an e-mail seeking comment.
Given how deeply entrenched open-source software has become in the computing industry, taking direct legal action against the open-source realm would be a complicated, hackle-raising undertaking for Microsoft. Customers use open-source software widely, and many major computing companies--IBM, Dell, Sun Microsystems, Hewlett-Packard, Motorola and Oracle, for example--support Linux work directly.
It's not the first time that open-source patent concerns have arisen. A
Patents and the open-source movement get along awkwardly at best. Patent law gives proprietary, exclusive rights to patent holders, but open-source programming is built on the idea of free sharing. Newer open-source licenses sometimes address the issue by requiring contributors to open-source projects to grant users and developers of the software a perpetual, royalty-free license to any patents that relate to the contribution.
Different companies have dealt in different ways with the open-source patent conundrum. For example,
The Open Invention Network remains a relatively young effort, but it has attracted participation this year from
The Free Software Foundation is working on a new draft of the General Public License, one element of which will
See more CNET content tagged:
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Linux,
OpenOffice.org
2 Years from now (actually 17 months), the next operating system from microsoft it coming out. Is anyone going to want it? If people are really holding out for Vista's service pack 1, then what is microsoft doing. XP was not supposed to even have a service pack 2, but had so many problems it delayed 'Vista' and in my opinon made a better operating system... I for one am confused.
I see Linux gaining in popularity. I have personally just signed up for a Linux/Unix college course as part of my accounting degree. My next computer I can guarantee will have linux only... most likely ubuntu.
Here is a guide for those who like me have reached the end of my journey with microsoft, with xp being my last.....
http://www.howtoforge.com/the_perfect_desktop_ubuntu7.04
Novell deal, then leak that there are 235 patent violations.
Display the list publicly and have done with it.
This is not an IP debate but one of a company beset by
managerial problems, slipping deadlines, and lackluster product
development.
Not quite in the ballpark with SCO, but definitely in the sports
bar across the street.
P
You only honor money, Ballmer Monkey....
Of course given the nature of the patent system, I'd be surprised if there is any useful software that doesn't violate a patent or patents. Microsoft etc are not above patenting obvious ideas or ideas with prior art to pad their portfolio. The question is whether those patents will hold up, especially now since the Supreme Court ruling.
If Linux and Linux applications are in violation of patents, where are the violations? The source is open; just copy and paste the text! In order to make the claim, the code had to be identified, right?
Or is Microsoft trying to pull an SCO? Everyone (especially stockholders) remember how well SCO's claim worked out. If Microsoft stockholders have any sense, they'd run for the hills now and beat the rush.
The backlash against Microsoft, in the form of:
- patent counter-claims,
- loss of stock value, and
- increasing rate of customer defections (Apple is seeing a 46% increase in USA visitors)
will eviscerate whatever value is left in the company.
Perhaps, Microsoft should know best (having those lengthy experiences in the Operating Systems and Office Product development trenches); or, unless they are that intellectually dishonest!
These lame excuses will include the regular self-righteous moralizing. And, will also bluntly-claim that this (entirely previously-predicted) move (by Microsoft) is, actually, for the good of everybody. The usual pack of MS-SHILLS, and defenders, will also make the obligatory bold-faced assertions that Microsofts "IP claims" are, somehow, obviously beyond questioning. They will also, most probably, try to slip-in that "Linux" is "...just a copy of Windows". And, that, "...socialistic/communistic... ...Open-Source..." is obviously just the product of an inferior pack of thieves, and idealistic-hackers.
I also wouldnt be surprised by the usual, completely unsubstantiated (and utterly-disproven), claims that "Open Source" products, and "Macs", actually have "...more bugs", and "...security holes", than Microsoft-products.
Of course... all of these MS-propaganda agents will also try to completely ignore that they, themselves, have actually been openly-denying what many, many, independent-observers have been flatly-stating for some time...
Namely that...
-Microsoft HAS had this PLANNED for some time.
-The, so-called, "Open-Source deals", which Microsoft undertook, were never anything more than a PATHETIC-SHAM... headed for, precisely, this very-action, ...from the very beginning.
-And that, Microsoft is finally launching one of their last desperate "FUD" attempts, to stave-off their own complete-failure, as a business-enterprise (shades of SCO, anybody..?).
In short, this Microsoft-BOLOGNA is NOT surprising to anybody that actually knows anything about the company. Microsoft has made such COMPLETELY-NONSENSICAL "IP" CLAIMS for a very long time. And, almost everybody knew that this was coming.
Frankly, Microsoft is doing this for one reason... They are FAILING. And, they are ABSOLUTELY-DESPERATE.
Microsoft has a, very, long-history of disrupting, and damaging, the computer-industry... too bad their ULTIMATE-DEMISE, apparently, is going to be just as MESSY, and PAINFUL, for everybody involved.
http://news.com.com/8301-10784_3-9717830-7.html
Thank god for companies like Apple and open source software communities... We'd be in a whole lot of trouble without them!
defenders, You are a joke.
And, is anyone surprised that the so-called biggest patent offender is sun microsystem's open office? I'm not. Microsoft's cash cow is dying from lack of moo-juice.
'others' can see. But calling Microsoft 'innovative'!!!? Is Windows a ripoff of
Mac? Is IE a product 'innovated' on Netscape?
Word, Frontpage, Windows media player, are all these innovations?
Dude go back to the anti-trust trial, and remember M$ 'cleverly' using the phrase, 'the right to innovate?'. Funny, you don't hear them
use this, nowadays.
Sorry, I need my games and watch my DVDs. Like no game is made for Linux. DirectX is superior to OpenGL, you got to admit that. And watching DVDs are on gnu-linux is illegal due to the DVD patents. Sorry.
I'd keep my MS Windows and Apple KittyOS for now.
But I do hope eventually GNU-Linux will have enough support and powerful software to go with it. And I hope for a standardization of "installers." I don't really want to type on thing for redhat, another for suse, and another for ubuntu.
P.S. I'm not a M$ defender. Just when people bash M$ and support Apple, it doesn't make any sense to me. And that I honestly believe that the days of synchronice operating systems are coming to an end with UWB or some other high speed wireless connection (600M/s plus) coming.
what Microsoft should have said was...
"We see that the linux / opensource community is creating quality products that people can use to replace our products and they did it without our help. Because we are having a hard time creating a better product and provide more value than the open source community we are going to do our best to try to shoot holes through it.
Actually instead of just innovating and providing better service, we are going to attack those that are."
Microsoft, Microsoft, I love your products, but I use linux and open source because I like them better. your monopoly status is in jeapardy because you are being out classed by folks that are providing a better service. I could be mistaken, but when the internet came along, you were slow to embrace it. I think this is because you could not control the internet and open collaboration of individuals. Open collaboration where all people have an equal playing field is a direct opposition to your strategy. Sure, we love your products, but don't get all bent out of shape when someone else does the same thing you do and do it better.
Shame shame. I would feel better about you as a company if you would attempt to provide better services. You know, seeing the fact that you have competitors. Instead of trying to make those people who have begun to out class you in service and products, look bad.
I'm truly not surprised and I hope that the judge is awake when he sees what your people have brought to the table. I thought we were a nation of principles and laws. Don't big businesses have to follow laws and principles too ??
Just my 2 cents.
MS and Brad Smith
(an aside: in the words of Kevin Spacey's character in American Beauty talking about a corporate weasel:
" and now they got this have this efficiency expert- Brad Smith - how perfect is that- who wants us to write down everything we do so they can know who to get rid of..."
know that to assert their patents against Linusx is to invite Congress and the American people to look into the dank little Gitmo of IP they call software patents.... and they don't like where that might lead.. to an EU style of abolishment of software, method and UI interface patents.... trust me, these microscopically-endowed bullys aren't going anywhere but to their own demise with this issue...
we all know the holders on the gif patent were in their dying throes when they finally reached for the IP lawyers... that's what dying companies do.. try to litigate their way into relevancy....
all this means is that deep within the smelly stinking bowels of MS, amongst the bribe petty-cash fund for payoffs to corrupt 3rd world officials, the lobbyists, the pictures of the circuit judges with 12 year old Thai prostitutes, the IP lawyers, the command and control center for CNET trolls who defend this known predator in open forums, some group of academics who were sleazy enough to take a job with MS have produced a report detailing the inevitable destruction of MS at the hands of Open Source... and the numbers are scaring them...
- Linux Doesn't Exist!
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by rcrusoe
May 14, 2007 6:41 AM PDT
- "Linux doesn't exist in 2007" according to Microsoft platform strategy director Bill Hilf. So how can it violate any MS patents?
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See all 232 Comments >>Sounds to me that Microsoft is even more terrified by Open Source than it has been letting on.
OK MS, roll out the details and if your claims are true, the OS community will likely have everything fixed in a couple of weeks.
In the meantime, Redmond probably needs to be working on the hundreds of patents it is violating.