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HP Memo Predicts MS Patent Attacks on Open Source
Roblimo writes "A two-year-old internal HP memo has just surfaced that talks about how 'Microsoft could attack Open Source Software for patent infringements against OEMs, Linux distributors, and least likely open source developers. They are specifically upset about Samba, Apache and Sendmail.' NewsForge has the story, including the memo's full text, a response from Eben Moglen (who says the memo's author misinterprets part of the GPL), and a statement from HP saying they love open source, really they do, even though 'Microsoft continues to be one of HP's strongest partners.'"
But what people constantly forget is that america is not the world. Even if MS manages to lock down Linux and OSS development here in the United States, that does not necessarily stop the rest of the world from pulling ahead of US.
That is, of course, assuming that IBM doesn't decide to stand up to MS and pull a few patent tricks of their own.
"They are specifically upset about Samba, Apache and Sendmail." Hmm ... perhaps becasue Samba, Apache, and Sendmail are better constructed than their Microsoft counterparts?
In soviet russia, You ask not what country do for you, but what you do for country!
Oh wait...
Come on, Microsoft. Attack with that shit, and we fight back with prior art. No contest. End of story.
Microsoft has a $50 billion war chest with which to fight patents in court. Who's going to pay for the lawyers who will be defending the open source projects?
Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
Microsoft's patents on the start bar configuration, logos and other interface technology have made it very difficult to develop competitive operating systems, or even for students to develop operating systems of their own.
In nature, there are neither rewards or punishments, there are only consequences.
Didn't Digital Equipment Corporation invent SMB and first deliver it through Pathworks?
One other thought occured to me. That memo stated that MS could target HP, Intel and other "partners". It must really suck to be an MS "partner". You do what they tell you and you can have some of the extra cash that falls down. Step out of line once and you can be squashed. Maybe that is why Dell is low key with their (small) Linux offerings.
If Tyranny and Oppression come to this land,
it will be in the guise of fighting a foreign enemy. -James Madison
Seems to me that Apache and Sendmail are pretty likely to have prior art on anything important that also happens to be implemented on IIS or Exchange, given that both were fairly entrenched at a time when Microsoft still considered the Internet to be a passing fad. I suppose they may have bought some patents somewhere, but it still seems like a pretty remote chance.
Not only that, but those two aren't even licensed under the GPL, which is ostensibly the target here.
This all sounds vaguely like something this Gary Campbell fellow pulled out of his ass...
MS: Open Source! Prepare to die!
IBM: *SMACK*
MS: Fuck, that hurts.
Open Source: W0ot! Thanks IBM!
The problem is that Microsoft has redefined what "operating system" means. To me, an operating system involves things like schedulers, file systems, memory managers, network stacks, user accounts, and device drivers.
It doesn't involve drawing particular pictures on the screen, although it may provide a method to do so.
It sure as hell doesn't involve a web browser.
Microsoft has created this homogenous "operating environment" (Windows Kernel/Windows GUI/MSIE/Office/Outlook) and tried to claim that the whole thing is an operating system. It's not, although Microsoft has tried its darndest to make it such by assuring that you have to use the IE-based tools to talk to the kernel.
The problem with the theory that acquiring patents protects one from "IP Companies" is that those IP Extorsionists don't actually make a product. With no product, there is nothing to leverage another protective patent against.
That is, having a patent portfolio to throw back in someone's face lets, say IBM and Microsoft or Sun to face eachother down because the "cross licensing" factor.
But "I am violating your patent while you violate mine, so lets do a deal" breaks down utterly when "the other party" doesn't have a product. That is, when Eolas (sp?) beat up Microsoft over patents, Eolas had the extreme advantage of having no product to "defend" in the exchange-of-fire. Eolas' own incompetence and lack of venture made them immune to counter-patent argument.
The reason that an IP Holding Company is such a disaster for us (technologists) as a comercial whole is that we have no leverage to push back against.
An IP holding company has no product, no market, vanishingly little capital, and no need of "good will in the marketplace". In short they are as smooth as a bowling-ball.
It is like an aircraft carrier (IBM with some Product) comming up against bombardment from space via aimed asteroid (an IP Holding Company.) There is nothing else to fire back against so all the guns in the world are of no use. You are left with only mobility and prayer. So small companies that can turn on a dime are less useful targets to an IP company because they are harder to hit and less satisfying to sink.
I would think that every software company everywhere would be desperate to remove software patentability.
After all, I could be nearly destitute, and a manufacturer of nothing, and hold a patent. Then I just need to hire a lawyer on spec to sue the IBMs of the world. They can't hurt me with thier patents (since I have no product) and I can soak them for money, all "at risk" with my lawyer on spec.
Software Patents in the hands of IP holding companies is asking for doom.
Were all software patents voided this very instant, with none to follow, every company on the planet would be instantly in a better possition despite the "loss of IP". Sure, they would "lose" the money they had already spent, and small upstarts could challenge their software, but it would be like "instantly" removing all the nuclear weapons all at once as if by magic.
The disarmament would be simultaneous and complete, and would free up assets and reduce risks to zero on a whole front of contention.
But most companies are too dumb to see that, and most "IP Lawyers" would lose their livelyhood. So it will never happen.
But until it does happen, any company can be soaked for Patent Extortion by any tiny patent held by a non-entity.
This is what I like to think of as "the instantanious, self-punishing nature of life". They feel that they *must* have this stone around their necks, and they keep trying to make the stone heavier and then they don't understand why they are so tired all the time.
Innocent people shouldn't be forced to pay for inferior software development.
--"Code Complete" Microsoft Press