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Author of Linux Patent Study Contradicts Ballmer

An anonymous reader sends us this EWeek story, following-up on the recent Linux patent scare. The author of the patent study is contacted, and says, "Open source faces no more, if not less, legal risk than proprietary software. The market needs to understand that the study Microsoft is citing actually proves the opposite of what they claim it does."

4 of 335 comments (clear)

  1. Aww, man by Anonymous Coward · · Score: 5, Insightful

    Now Microsoft will have to buy a new study that says what they want.

  2. Law? What law? by superpixel2000 · · Score: 5, Insightful

    OK, am I the only one who is seeing a legal problem here? If Coca-Cola said some study proves their cola is good for teeth, but the study shows it is harmful to teeth, don't you think the gov't, media, and a flock of 3rd party lawyers would descend upon Atlanta post-haste?
    So what'll happen with this? Nothing. Your boss will still think MS is the bestest ever, the average dingaling will keep using Win98 SP1, and no major media outlet will make the tiniest peep.
    Fight the power!

    --
    did you win a free ipod? build a case for it here
  3. This has been a common theme lately by RAMMS+EIN · · Score: 5, Insightful

    ``The market needs to understand that the study Microsoft is citing actually proves the opposite of what they claim it does.''

    This has been a common theme lately. Microsoft did the same thing with various other studies. The Bush administration used reports that claimed the non-existence of WMD in Iraq to support its claims that Iraq was dangerous. Recently, I read a column where someone claimed that increased Firefox use would harm security (the larger target theory), with a reference to a report that showed IE gets more exploits per user than does Firefox.

    People get away with spreading all this FUD, because readers don't verify the information that's being cited. When Microsoft says the report found Windows cheaper than Linux, people assume the report indeed said so. Unless, of course, they are inquiring minds and want to know how the report arrived at its conclusion. Then they suddenly find the report concluded the opposite!

    What I don't understand is why the authorities get away with it. THESE PEOPLE ARE LYING TO US. Have you seen Ballmer in court over his allegations? Or Bush?

    --
    Please correct me if I got my facts wrong.
  4. Curious by edbarbar · · Score: 5, Insightful


    Microsoft is willing to patent things, and to assume there are no patent infringments in the open source seems short sighted. And if they don't have the patents yet, eventually they will, as they push their technology forward. It isn't as if Microsoft consists of a bunch of incapable people, so eventually they will have, if they don't already, a lot of important patents open source will infringe upon.

    When I was working at one large software company, we wrote a number of patents. One of the reason was that companies like IBM might sue you, and if you don't have patents you can exchange with them, the cost is higher during the settlement.

    Honestly, it seems without "open source" patents, the open source community is fighting without an important tool, and like all wars of attrition with a determined foe, will eventually lose.

    --
    Ed Barbar, President and General Manager, Furnit USA