[Tfug] Microsoft reportedly wants open source software users topay rolyalties

[Jude Nelson]

The irony of the situation is perfect.  On one hand, Microsoft "claims" that
there are 235 patents that Linux infringes upon, but fails to enumerate (in
fact, openly refuses to enumerate) them or to show exactly how they are
infringed, and has openly admitted that they aren't going to sue anyone at
this time for using Linux without paying them royalties.  M$ has been caught
in an awkward situation--no one is taking them seriously, and the
shareholders won't be happy if M$ does nothing about the perceived
infringement.  On the other hand, the only way M$ can make people take them
seriously is to actually make an example out of one of the users by taking
them to court, but unfortunately for them that would eventually mean taking
on the likes of IBM, Sun Microsystems, Autozone, Chrysler, Google, HP, 30
million pissed-off Linux users, the city of Munich, the US government, the
EU, Dell, Red Hat, the FSF, Canonical, (maybe) Novell, etc., which have a
net economic worth and net patent portfolio so vast that even if all of M$'s
claims were valid, the legal fees alone would greatly outweigh any gains
from damages they'd receive.  Not only that, but it's bad PR (almost
RIAA-like), and there would be many legal backlashes regarding whether or
not their patents were valid to begin with (seriously, does anyone think
their patent on the concept of "sudo" will NOT be dismissed on grounds of
prior art?).  I think we're seeing the beginning of the end of the M$
hegemony--if 235 patent infringement cases is all the ammo they have, then
they've been screwed for years.  Once GPL3 comes out in July, even
cross-patent-licensing deals like the one they made with Novell will be
illegal (they're starting to whine about the GPL3 "breaking our bridge
between the proprietary and open source worlds"), preventing them from
making money out of licensing fees.

Or they'll try to sue someone, and go the way of SCO.

On 5/15/07, William Stott <WStott at ventanamed.com> wrote:
>
> Microsoft is the modern day Rome. Vista is Augustus...
>
> So let the "Fall" begin...YAY!!!
>
> William E. Stott, III ]-[ Staff Information System Engineer
>
> -----Original Message-----
> From: tfug-bounces at tfug.org [mailto:tfug-bounces at tfug.org] On Behalf Of
> Christopher Robbins
> Sent: Tuesday, May 15, 2007 2:08 PM
> To: shawn at lamaster.com; Tucson Free Unix Group
> Subject: Re: [Tfug] Microsoft reportedly wants open source software users
> topay rolyalties
>
> The sign of a fledgling Microsoft?  Why would they bring up a tactic like
> this now?  Perhaps
> a lukewarm response to Vista, the new Dell/Ubuntu deal, and the increased
> talk of Linux amongst
> big business?  Hell, the Japanese govt. just said that they were moving
> open-source...
>
> Microsoft is running scared...It's the only real reason to start suing -
> they've become the company that
> they bankrolled into suing IBM (SCO).  And what happens when IBM brings
> down
> the patent hammer
> on MS?  The day MS starts suing is the day that computing stops; both
> companies have piles of
> patents on...everything.  We may see software patent reform once and for
> all...
>
> Is this all they've got?  They can't innovate, so they've gotta come hunt
> us
> down?
>
>    - Chris
>
>
> On 5/15/07, Shawn LaMaster <shawn at lamaster.com> wrote:
> >
> > Microsoft reportedly wants open source software users to pay
> > royalties on 235 alleged patent violations.
> >
> > In an interview with Fortune magazine, Brad Smith, Microsoft's
> > general counsel, and Horacio Gutierrez, the company's vice president
> > of intellectual property and licensing, said open source software,
> > including Linux, violates 235 Microsoft patents. And Microsoft wants
> > distributors and users of open source software to start paying
> > royalties for these alleged violations.
> >
> > "This is not a case of some accidental, unknowing infringement.
> > ...There is an overwhelming number of patents being infringed,"
> > Gutierrez said.
> >
> > http://www.networkworld.com:80/news/2007/051407-microsoft-demands-
> > royalties-for-open-source.html?nlhtspec=051407specialalert1&
> >
> >
> > Being Irish, he had an abiding sense of tragedy
> > that sustained him through temporary bouts of joy.
> >         - William Butler Yeats
> >
> >
> >
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>
>
>
> --
> Chris Robbins
> Systems Programmer
> Department of English - University of Arizona
> http://www.homerengineeringcorp.net
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