Ballmer Threatens Linux Patent Lawsuits

gillbates writes "Today Microsoft warned several Asian countries that using Linux could subject them to lawsuits, claiming that Linux violates '228 patents'. Apparently, Steve Ballmer believes he can enforce U.S. law in Asia." Ballmer is presumably speaking about this story. So, companies which sell insurance against lawsuits and companies which make competing products both warn of the dangers of using Linux. Maybe someone should point out that Microsoft is battling dozens of patent-infringement lawsuits itself, and any user of Microsoft software (including governments) could also be sued?

Comments

Good way to make friends

[Doesn't_Comment_Code]

This should go over really well. At least MS is entrenched in most business environments here in the U.S. so they can get away with a lot of this stuff. But in Asia (especially in places where they are pushing the stripped-down edition of Windows) this is going to alienate them even more than just having high prices.

"Buy our expensive software... or try the alternative and we'll sue you."

Good way to make friends.

Re:Maybe someone

[Anonymous Coward]

That might not be true. Look what a week of gathering cash did for Firefox!! I bet that if Slashdot posted a "donate money to fight Microsoft in court" fund we'd raise millions of dollars to help fight the lies!

I'm willing to donate literally tens of dollars to such a cause.

Re:Well, that's helpful.

[Coryoth]

I'm glad Ballmer has been so proactive in helping China figure out what to do with software patents. It looks like Europe is leaning toward at least minimizing -- if not eliminating -- software patents. When China turns its attention to the subject, Ballmer's little speech should give them some food for thought on which direction they should go.

Keep in mind that China is a Communist country and any concept of intellectual property is relatively novel.

Keep in mind that China, Japan and Korea are cooperating together to create a standardised asian linux system, and considerable sums of money have been invested in the project. A large pat of the reason was to remove dependence on foreign companies... which is to say, Microsoft.

China, Japan and Korea working together is no mean feat either - they are historically incredibly bitter enemies. Think a nice English/Irish/French cooperative linux distribution and you might get the idea.

I doubt China will be scared of Liux by anything Ballmer has to say about patents. You're quite right. They are more likely to take the other option and view the software patents as the problem.

Jedidiah.

MS CANT use patents to stifle competition

[WCMI92]

Their threats are empty. They are CONVICTED of being a monopoly and illegally USING that power to force themselves into dominance in other markets.

If MS attempts to use a patent to stifle Linux uptake, the courts can strip the patent from them even if it IS a valid patent.

Microsoft threatening like this is the best thing that has ever happened to those of us who oppose software patents. MS is huge and rich, but compared to the rest of the US and world economy, they are a flyspeck. Microsoft seems to be ACTIVELY trying to turn the whole world AGAINST them.

Funny how Ballmer is sounding like Darl McBride...

If you are a former customer, expect to be sued. You have our "presssccciiooouss" IP.

Suing your customers, or THREATENING to sue your customers is not a proven successful business tactic.

IBM has more patents than God, and their business interest is in protecting Linux. I am not too worried about MS or someone sucessfully getting Linux stopped via software patents, and the attempt will do more to teach our business community and our government that software patents are bad and should be abolished or limited in scope.

For one thing, companies should have to choose: Copyright or patent. They can have one or the other, not BOTH.

Re:MOD PARENT UP!

[gi-tux]

You know this is starting to sound more and more like an episode in US history. How many of you remember the story of the British East India Company and the early 1770's? It seems that the British government was trying to keep the British East India Company from failing financially and passed some laws to assist them "unfairly". The near-term result in the case of the British East India Company was a party in Boston Harbor (a.k.a. The Boston Tea Party). Maybe we should be reminding out governments about such things. It has been said that if you forget your history, you are doomed to repeat it. It seems to me that we are repeating it in that we are "unfairly" protecting large corporations with governmental laws.

I am not suggesting that we have "The Seattle Software Party". I don't think that polluting the Port of Seattle would accomplish anything in this case. I am simply suggesting that you should each give your law makers a history lesson to remind them of the consequences of government caving to big business and not protecting the people.

This is an excellent sign

[mormop]

As it shows a degree of panic on Microsoft's part. Ballmer starts out with the assumption that software patents are going to be conditional on entry to the WTO. This overlooks two main points:

1) The WTO is, by definition, the WORLD Trade organisation. Subserviance to a global Microsoft Patent arsenal would put Microsoft a step closer to killing off any competition from freely distributable FOSS that can be deployed in homes and businesses. As Linux is the only real competition that Redmond have had in the last 15-20 years to surrender to this would be tantamount to giving MS the global software market forever. Future free software development in countries other than the US would be more difficult, possibly impossible, leaving every country in the hands of the MS. Your country disagrees with America? Simple, Homeland security adds you to the export ban list and all of a sudden your DRM permission gets revoked. Far fetched? Manybe, but in the current climate I bet its gone through a few minds in high places.

2) There are not many countries that trust America at the moment. Europe's nervous about Iraq (why not it's a lot closer to Iraq than the US is), half of the Middle East is keeping its head down while the other half sit wondering whether their next and are probably tooling up just in case. The North Koreans? Wouldn't wanna be in their shoes right now. The Chinese won't want to submit to anyone as their economy's growing fast and they won't want to relinquish control. In short, global software patents suit one country and although Tony Blair will probably prostrate himself on the Whitehouse carpet while swearing to keep the UK government/Microsoft partnership going it's still part of Europe.

So; Given that the main effect of global software patents will be to kill of any other countries chances of competing with Microsoft, what reason have they got for signing up. If anything, this speech gives Europe and China a sign of the state of things to come adding extra impetus to turn to Mandrake, SuSE, Red Star Linux and forget about software patents for good.

As SCO come closer to death it's interesting to see Microsoft's anti-Linux activities seeming more desperate as they flail around looking for options however implausible they may be. The ultimate effect of this one though may be the isolation of Microsoft to American territory, their overseas markets cut off by their own hand.

Incidently, if terrorism is the art of threatening attack in order to influence governments or organisations the tone of Stevey Boys rant could easily be interpreted as such. I therefore suggest that Redmond be declared part of the axis of evil terrorist organisations. A UN force should be deployed in Ballmers office and sanctions be imposed on the evil dictator within. Alternatively, it could be subcontracted to the Israelis who can surround the aforementioned with Tanks, keeping Monkey Boy incarcerated until he's 75 and becomes entitled to utilise the French health service.

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