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Microsoft Patent Threat Against Linux Futile, Risky

Microsoft Patent Threat Against Linux Futile, Risky

by , 3:10 PM EDT, May 16th, 2007

Microsoft's recent claim that the Linux OS may violate Microsoft patents is a sign that Microsoft is running out of ideas, according to ITWire on Wednesday. The tactic will be futile due to the nature of Linux, and could even pose a risk for those patents.

Microsoft, if it's serious about its threats concerning Linux and Microsoft patents, will face an uphill battle, much as SCO did before, Stan Beer observed.

Steven D'Aprano, operations manager for Windows-Linux integration consultant Cybersource explained, "Until Microsoft start[s] to actually point at particular bits that they claim are in patent violation then talk is cheap."

Moreover, if Microsoft wants to pursue its claim, it will have a hard time figuring out who to sue. There's no specific company for them to go after. On top of that that, if Microsoft does point to specific, offending code for which it has a patent, the code is simply removed from the next version of Linux, long before the case can go to court. This is assuming the patents are actually valid.

"One of the things that may come out of this is that making a patent case is actually quite dangerous. The US Patent Office is notorious for handing over very weak patents and if it actually goes to court often the patent can be overturned," D'Aprano warned. "The sort of things that Microsoft might hold patents for which concern the Linux kernel could be like techniques for managing memory. A lot of the software patents that have been granted are extremely general and obvious to anyone that's been working in the industry. The patent system works well for specific innovations but they've been granted for things that are very general and not innovations at all which is very worrying." Potentially worrying for Microsoft, that is.

All this posturing by Microsoft is likely not about patents. It's likely about Microsoft's continuing concern about the penetration of Linux in the enterprise. If they can create some fear, perhaps they can scare away some Linux customers.

"An awful lot of customers are going to Microsoft and saying 'we need you to interoperate more easily with our Linux server.' They're thinking if they've got one Linux server, then how long is Microsoft going to keep the Windows servers there," Mr. D'Aprano said. "People are thinking about paying thousands of dollars to migrate to Vista with the costs of retraining, software licenses, hardware updates being incredibly significant. This explains why there's been so little interest in upgrading to Vista."

This time around, however, with the understanding customers have gained from the SCO debacle, no one seems particularly worried. It's just business as usual at Microsoft.

Observer Comments

Show: Subjects Only | Full Comments
Close Name:Guest
Subject: SCO case was Microsofts test run

The money SCO got for the their lawsuit has been traced back to MS. Microsoft got to see who would defend Linux, IBM mainly. They also got a see how Linux would react to such a lawsuit. This was very valuable information for MS. Remember MS beat the government monopoly case against it. (No matter what happened in the court nothing much really happened at all when the dust settled.) At Microsoft the only thing they ever produce is lawsuits, they buy or steal everything else they sell. So this will probably go very well for them.

Close Name:mastersonb Posts: 1 Joined: 16 May 2007
Subject: SCO debacle was a test run

I believe there is little doubt as to who financed the SCO attack. What might be a little worrisome is what knowledge was gained from the case, that never seems to end. They might not even sue anyone. They could keep saber rattling for the next 10 years to prevent any large scale adoption of open source or linux. Fear is a powerful weapon.

Close Name:Guest
Subject:

Quote
mastersonb wrote:
I believe there is little doubt as to who financed the SCO attack. What might be a little worrisome is what knowledge was gained from the case, that never seems to end. They might not even sue anyone. They could keep saber rattling for the next 10 years to prevent any large scale adoption of open source or linux. Fear is a powerful weapon.


Yeah, it wasn't Microsoft. It was BayStar Capital and Royal Bank of Canada. Microsoft certainly had an interest in the case and introduced BayStar to SCO. BayStar put 20 million dollars, which it is now asking to get back. Royal Bank of Canada put up the rest of the 50 million. Let's not spread any more FUD than this site already does.

Close Name:algr Posts: 296 Joined: 07 Aug 2003
Subject:

Quote
Yeah, it wasn't Microsoft. It was BayStar Capital and Royal Bank of Canada.


Microsoft provided lots of money to SCO by "settling" with them and paying big royalties that were supposedly for Microsoft's use of linux. This gave SCO lots of money to sue with and let them claim that major industry players had agreed that their claims had merit.

Close Name:Guest
Subject:

Quote
Guest wrote:
Quote
mastersonb wrote:
I believe there is little doubt as to who financed the SCO attack. What might be a little worrisome is what knowledge was gained from the case, that never seems to end. They might not even sue anyone. They could keep saber rattling for the next 10 years to prevent any large scale adoption of open source or linux. Fear is a powerful weapon.


Yeah, it wasn't Microsoft. It was BayStar Capital and Royal Bank of Canada. Microsoft certainly had an interest in the case and introduced BayStar to SCO. BayStar put 20 million dollars, which it is now asking to get back. Royal Bank of Canada put up the rest of the 50 million. Let's not spread any more FUD than this site already does.


Yes it WAS Micro$oft. BayStar got involved because M$ told them to. The fact that they want the money back simply shows that M$ gave them bad "advice" and now they want their money back because it wasn't the slamdunk M$ told them it was. M$ also payed one of the first "license fees" to fund SCO's warchest. M$ was all over it. It was/is ALL M$.

Close Name:Guest
Subject:

Quote
Guest wrote:
Quote
Guest wrote:
Quote
mastersonb wrote:
I believe there is little doubt as to who financed the SCO attack. What might be a little worrisome is what knowledge was gained from the case, that never seems to end. They might not even sue anyone. They could keep saber rattling for the next 10 years to prevent any large scale adoption of open source or linux. Fear is a powerful weapon.


Yeah, it wasn't Microsoft. It was BayStar Capital and Royal Bank of Canada. Microsoft certainly had an interest in the case and introduced BayStar to SCO. BayStar put 20 million dollars, which it is now asking to get back. Royal Bank of Canada put up the rest of the 50 million. Let's not spread any more FUD than this site already does.


Yes it WAS Micro$oft. BayStar got involved because M$ told them to. The fact that they want the money back simply shows that M$ gave them bad "advice" and now they want their money back because it wasn't the slamdunk M$ told them it was. M$ also payed one of the first "license fees" to fund SCO's warchest. M$ was all over it. It was/is ALL M$.


Um, you need to learn to read. "Microsoft certainly had an interest in the case and introduced BayStar to SCO." That doesn't change the fact that the $20 M came from BayStar. Saying BayStar got involved because Microsoft told them too is just restating exactly what was written, but trying to do it in a contradictory way. Get a clue. If Company X funds Company Y on the advice of Company Z, that is not the same as Company Z funding Company Y. Clearly, Company Z has an interest in it, but if you bothered to read through the third sentence of the post you were replying to you wouldn't look so stupid.

Close Name:Guest
Subject: Corporate Crime

There is also the distinct possibility that thorugh these deals, Microsoft will tie up the high level portion of the organization and keep them from creating work arounds with the patents when Microsoft unleashes its brigade of patent lawyers. Then it is a matter of money and desperation to keep the courts to rule that Microsoft is not a distribution vendor by the wording of the GPL v3. Corporate crimes, which would lead to that kind of ruling, are the most violent and well planned of all forms of organized crime.

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