Microsoft Stoking the IP Fire

gokulpod writes to tell us the Financial Express is reporting that Microsoft is heating up the IP battle once again with warnings about IP indemnifications issues. From the article: "Analysts believe that the core issue at stake is whether open source software increases litigation risks. Open source advocates are quick to point out the IP litigation faced by Microsoft itself. Ubuntu founder and leader Mark Shuttleworth says, 'Linux is growing fast and whenever there is a new way of doing things, people will raise all kind of issues.'"

Comments

Microsoft Users not protected from patent claims.

[tpgp]

It should be noted here that if you believe that you're protected from IP lawsuits by using Microsoft software then you're incorrect.

For example - if you use functioanlity covered by the excel patent case microsoft lost recently, then your business will suffer.

Gartner recommends the following:

* Test all Office-based applications to ensure that they work with the new code, because newly purchased, repaired or reimaged PCs are affected. Pay particular attention to Access applications that interface with Excel.
* Consider deploying Office without Access to users with no specific need for its database functionality, as a quick and viable alternative to installing the new code.
* Recognize that installing the patches on new implementations without testing may be a quick alternative that minimizes legal risk, but risks breaking applications.
* Request that Microsoft issue a patch for Office 2003 SP1, as it has for Office XP SP3, so that an entire service pack does not need to be tested and deployed for Office 2003.
* If you anticipate significant difficulties in complying with the letter, try to get Microsoft to offer consulting assistance at little or no cost. Microsoft says that account managers will make arrangements to help organizations that have major problems complying.
* If you feel you cannot comply with the order, work with legal counsel to understand your risk and exposure.

So... MS loses a patent case, you're liable to clean up the mess.

Furthermore, if the functionality is essential to you, and you avoid installing the service pack, you could be sued

MS is no different to Open Source.

First the vendor is sued, if the litigation is successful, they remove or work around the patent-protected functionality, then if the user continues using the disputed code, the user is liable.

Risk to USERS of open source from patent claims?

[NZheretic]

1) Any patent lawsuit against a user of a software component used by major vendors will automatically result in those vendors lending legal support to reduce the chance that their own customers will also end up being sued.
2) Any patent lawsuit costs the suing party at least several hundred thousand dollars.
3) Any patent put before the courts is at very great risk of being destroyed by prior art.
4) Any payout awarded from a single end user has to be in proportion to value of the patented technology. The value of a single instance will could only be measured in hundreds of dollars, not coming close to covering the costs of suing
5) Patent lawsuits take six years to over a decade to work it's way though appeals.
6) Developers will release new software using a method that circumvents the patent in question within two months. This will be quickly adopted and by the time the first patent case is resolved there will be no further customers for the patent holder to sue.
7) The outrage generated in taking out a case against any open source will result in Groklaw and other groups putting the suing party and their lawyers under the closest scrutiny. You will not believe the level of bad publicity, let alone the the amount of prior art, dirty business practices, and legal suspect practices and even violation of statutes that will be uncovered.

Lastly to quote Pulp Fiction, and then "we are going to get medieval on your ass."

Any IP case against users of open source pute the attacker at a far greater risk.