[Tfug] Microsoft reportedly wants open source software users to pa y rolyalties

Jude Nelson judecn at gmail.com
Thu May 17 01:08:33 MST 2007


On 5/17/07, Stephen Hooper <stephen.hooper at gmail.com> wrote:
>
> On 5/16/07, christopher floess <skeptikos at gmail.com> wrote:
> > Furthermore, it would seem that a good way to prove this point is to
> start
> > looking at cvs records of some of this stuff.
>
> Maybe it would be a better idea to see if this isn't just more FUD,
> and let Microsoft actually say which patents they believe are being
> infringed upon.  That way no one has to dig through mountains of code
> to try to solve something that may, or may not be a problem.


I doubt Microsoft would be foolish enough to admit which patents were
infringed--the moment they do so, they'll get hit with lawsuits challenging
the validity of the patent.  Software patents are difficult to prove--so
much prior art exists, and to programmers, anything can be an obvious
extension.  Not only that, but Microsoft sooner or later will either have to
enforce its patents or release their claims to them.  It's legally required
for Microsoft to inform the infringing parties how they are causing them
damage so that the infringing parties can be given a chance to cease and
desist; a court battle follows if the request is not honored.  Otherwise,
Microsoft is guilty of slander and racketeering, or the claim was never
valid to begin with.

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