Can Recent MS Patents Affect Mono and DotGNU?

5p1urge asks: "I really love the Mono and DotGNU projects. As someone who's worked in Java for for over 5 years, I welcome C# and it's buddies to the OpenSource world. However, here's question: as far as I can tell, only the C# spec and System.* assemblies were submitted to ECMA and therefore made officially public. What happens when MS decides that, Linux -is- going to steal valuable income-generating business, and therefore it should use it's newly acquired patents to sue? I'd appreciate comments from IT lawyers / solicitors and individuals with experience in this area, as well as from the wider community. I'm asking this question because I want to code in mono / DotGnu but I'm cautious because I wonder if MS can take it away from us?"

Comments

Nope

[Amsterdam Vallon]

Software patents will soon see their death.

It's only a matter of time before the processing of such irrational IP-related legal claims becomes impossible.

Which, of course, doesn't matter anyway because companies like Microsoft have made stealing ideas so profitable that they should have a patent on it.

Re:Nope

[Anonymous Coward]

MS should wait until all projects are complete prior to suing. That way all the hard work in porting their IP to Linux has been done for them.

I don't know what would happen,

[Treeluvinhippy]

but I sure as hell wouldn't be giving them ideas.

*sniff*

[inkedmn]

i smell something SCO-ish brewing here...

Re:*sniff*

[Miguel de Icaza]

siince novell owns ximian and novell licenced unix copyright to SCO, SCO sold a licence to Microsoft. Microsoft licensed Java from Sun, Microsoft are evil so Sun withdrew the license. Microsoft copied unlicensed java technology into .NET, novell bought ximian, ximian own$ mono, mono is not under GPL / LGPL license or Microsoft shared source license. If Chewbacca lives on Endor you must acquit. The defense rests.

Anyone else do that?

[AEton]

I welcome C# and it's buddies to the OpenSource world.

looked suspiciously like "I for one welcome our new C# overlords." the first and second times I read it.

Perl libs, Ruby Syntax, threads, OR speed

[RLiegh]

Fixed your post...unless you seriously think that you can have all four together. And if you do, I want some of what you're smoking!

Open Source Fear, Uncertainty and Doubt

[werdna]

The article appears to confuse an issued patent with a published patent applications, citing to one of the latter, recently published application 20030028685.

The conditions necessary to obtain a published patent application are these: (1) file one and pay a filing fee, including the proper formal documents (like an inventor's declaration; and (2) wait 18 months. An application creates no presently enforceable rights, and none will accrue until the patent actually issues.

Indeed, by beginning with the wildly broad claims (and they are pretty astonishing, I'll admit), any narrowing amendments entered during prosecution are likely to give rise to a much more limited patent.

Let's not get hysterical before there is something to get hysterical about. The .mono plan for managing the inevitable patents, the plan so excoriated in the register article, is perfectly responsible and while risk is ever-present in developing interoperable code, perfectly workable. The fact of 18-month publication facilitates and permits actually permits present projects to begin early on its search for prior art.

Fears regarding the quoted paragraph [0101] are misguided. It is routine boilerplate and primarily precatory, of virtually no importance concerning the meaning of the claims.

I am told that some of these new decaffinated brands are just as tasty as the regular stuff. Let's not go nuts, at least not before there is a reason to go nuts.

Re:C# is B-flat, not D-flat (NT)

[Waffle Iron]

Thanks for the tip, Mozart. Looks like I need a new piano.

If you have doubts, just trust the company.

[Anonymous Coward]

In so many of these issues regarding Microsoft Corporation put your fears aside as you are dealing with a company of the highest intellectual and moral fiber. Why would you darken the clear waters of healthy cooperation with trivial concerns over self preservation or fair treatment. Never doubt your continued prosperity, aren't they the most wealthy company in the world? Why would the begrudge you a small fortune when they have so much?

The United States Department of Justice Under the watchful gaze of our Kindler Gentler president will protect you in the event there is some sort of oversight. They won't turn coat at the change of an election and shirk their duty to protect the balance of the American Markets.

As a small business or individual you can put your fears at rest. Don't trouble yourself to read too deeply into what Redmond says.

Software is about organized data after all. Its systems are the expressed will of those who design and promote it. And since it is all about connectivity the largest interests must be the most connected. They must recognize their moral responsibility to bring people together cheaply, reliably and openly. They bear the burden of democracy that communication should not be clandestine but open and meaningful. This must be the honorable road of the greatest hero of the marketplace, the most democratic of companies, a organization that the United States is proud of.

Re:Microsoft doesn't do that

[Anonymous Coward]

Ya, famous last words of Nintendo and Sega...

"Microsoft doesn't do game consoles, why would they start now?!"

Mono?

[pyrrhonist]

Can Recent MS Patents Affect Mono and DotGNU?

You'll all be relieved to know that you cannot get mononucleosis from Microsoft patents:

Mono is not spread as easily as some other viruses, such as the common cold. The mono virus is found in saliva and mucus. It is usually passed from one person to another through kissing, although it may rarely be passed in other ways, such as coughing.

Huh?
Mono's an open source software project you say?
Oh, that's a whole different thing then. Nevermind.