Slashdot Mirror


Ballmer Won't Dismiss Idea of Suits Against Linux

An anonymous reader writes "According to an interview with Steve Ballmer in Forbes, Microsoft is open to the possibility of filing patent suits against Linux in the interest of their shareholders. Ballmer said: 'Well, I think there are experts who claim Linux violates our intellectual property. I'm not going to comment. But to the degree that that's the case, of course we owe it to our shareholders to have a strategy.' Microsoft filed more than 3000 new applications for software patents in 2005 and already owns more than 4000 patents, including many patents on fundamental, but trivial technologies, like double clicks."

5 of 644 comments (clear)

  1. Open Invention Network may counter by FecesFlingingRhesus · · Score: 5, Interesting



    I suspect that the Open Invention Network was set up to defend against this very possibility. If Microsoft makes a move the alliance will use their patents to counter. Which the companies involved have a pretty comprehensive portfolio.

  2. We're pathetic... by soren42 · · Score: 5, Interesting

    What is going to take for the open source community to fight back? To stop porting code to Windows? To stop releasing Firefox for Windows? To create artificial incompatibilities - I know that's counter-productive, but let's talk politics and economics, for a second.

    If the U.S. government won't use the Sherman Anti-trust Act to stop Microsoft, we need to rely on one of the fundamental principles of capitalism - Adam Smith's invisible hand. We need to stop buying, supporting, using, and working with Microsoft software. I do know how crazy that sounds, but revolutions require revolutionary thinking.

    Many of you claim that you use Windows because your employers do - that's a crock. Make a personal choice. I work for a Fortune 50, in an enterprise-level position, and I haven't owned a Windows machine in over 5 years. I have may 98% of everything I need at home and work function with Mac OS or Linux. In the extreme cases (that last 2%), I use CrossOver Office. Once (ONCE) in the last five years, I had to borrow a colleagues' Windows machine to complete some training - because our server software was so out of date that the manufacturer's Mac drivers didn't support the old protocols. Every opportunity I have to recommend standards, I oppose the implementation of further Windows desktop or server deployments.

    Not, seriously, I'm not crazy - I know all of this isn't feasible for all of you. Don't do anything to risk your livelihood, your sustainable income, or the ability to feed your family, but seriously ask yourself... "Am I doing everything I can to support Linux and Open Source, and help prevent the patent threat that Microsoft represents?"

    So may on Slashdot these days have become Microsoft apologists - they aren't that bad... their UI is far superior... I have to use them at the office... all the good games are only written for Windows... ad nauseam. We need to use what power we have to stave off a serious threat to the technologies we are personally passionate about. We are the developers, the administrations, and the infrastructure of the nation and world's IT organizations. We must stand strong if we want to have any options. Because after Linux, it's Mac OS, then Solaris, then AIX, until all that's left is Windows. All that's left is crap. Yes, it is *that* slippery a slope.

    And, if we stand united, we can affect Microsoft's profits. Make their shareholders listen. Make the board of directors require policy changes. I don't hate Microsoft or any company - but this "Patent Cold War" is despicable.

    I am not advocating overnight change 180 degrees. Only that you ask yourself one simple question every day...

    "Am I doing everything I can to enable choice in technology?"

    --

    "Adventure? Excitement? A Jedi craves not these things."
  3. Against whom will they file? by Rogerborg · · Score: 5, Interesting

    Red Hat and Novell? They're big enough to fight it, and even if they lose, I was using GNU/Lunix before they were around, and it'll still be available after they're gone. IBM? IBM have been building a patent portfolia for decades. Bring it on!

    Linus? Not even Microsoft could countenance a PR gaffe of that scale. People like Linus.

    The FSF? Well, Stallman is no Linus in the popularity stakes, but I'm sure he'd relish the opportunity to be given a soapbox to point out that patents are indeed the big threat to competition and choice.

    Whatever they do though, Microsoft will send one message loud and clear: they can't compete on technology, so they have to stifle the competition.

    Is that really how desperate they've become? If so, then that's a good sign for their competitors, both Free and otherwise.

    --
    If you were blocking sigs, you wouldn't have to read this.
  4. OIN Owns Patents for technology Microsoft uses by NZheretic · · Score: 5, Interesting
    Aside from the high probability that Trade and Antitrust officials worldwide would soon step in if Microsoft started using government granted intellectual monopolies to restrict the one of few remaining desktop competing OS for the PC platform, an open source IP companies own patents that Microsoft uses.

    Fedora's Greg DeKoenigsberg has finally posted a explanation on why Redhat has now included Mono in Fedora Core 5:

    Fedora and Mono and OIN -- clarifications
    Sorry for referring to a magazine article that most people can't actually get to. My mistake.

    Let me give a little bit more detail, for the benefit of those who can't read the article in Linux Magazine.

    1. What is OIN, and why do they matter?

    OIN is the Open Invention Network. Prominent members include Red Hat, Sony, Novell, IBM, and Philips. (If I've left out your prominent organization, sorry.)

    The idea behind OIN: throw a bunch of patents in a pool. Make those patents available to open source developers, and to companies who support open source developers.

    More importantly: pool those patents to counterattack companies who might accuse us of infringing *their* patents.

    One of the biggest weapons in OIN is the set of Commerce One patents. Basically, Commerce One got lots of potentially scary patents on e-commerce stuff, and then they went bankrupt -- and the question "who's going to buy the Commerce One patents" was hot for a while. When a mystery buyer scooped them up, it was big news in certain circles.

    Turned out that the buyer was Novell. And they turned around and contributed them to the OIN pool. Well-deserved kudos to Novell.

    For those who prefer the "nuclear patent war" analogy: OIN is the NATO of software patents -- and the Commerce One patents are ICBMs.

    2. Where does Mono fit in?

    Mono is on the OIN list of "protected patents". Meaning, "if someone sues you for allegedly infringing a patent on this list, you can use any of the patents in OIN's arsenal to go after them."

    3. Why couldn't you tell us this in January, when you first dropped Mono into Fedora trees?

    The existance of OIN has been public knowledge for a while, but the specific applicatations that were to be protected were not. (And applicatations is a funny typo, so I'm leaving it in.)

    We were waiting for OIN to publish their "protected list" of applicatations. We didn't want to jump the gun. We started putting Mono stuff into our trees in January with the belief that OIN would be publishing their "protected list" any day now... any day now... any day now. For whatever reasons (good reasons, I'm sure), that didn't happen as quickly as we expected. By then we were committed to putting Mono into FC5, though, and so we had to make an uncomfortable public statement about "certain business issues" and so forth.

    I don't actually know whether OIN *has* published this list -- going to openinventionnetwork.com doesn't show this list anywhere -- but since our lawyer is now comfortable listing them in a magazine article, that's good enough for me. :)

    Hope this clears things up a little.

    Disclaimer: I AM NOT A LAWYER. I AM NOT GIVING ANYONE LEGAL ADVICE. I AM MERELY EXPLAINING RED HAT'S POSITION FOR OTHER LAYMEN LIKE MYSELF. MARK WEBBINK'S ARTICLE IN LINUX MAGAZINE IS MUCH BETTER, IF YOU CAN GET A COPY OF IT. SORRY FOR SHOUTING. HAVE A GOOD DAY.
    If Microsoft should choose to sue people for using projects under the umbrella such as Linux or MONO, the Mutually Assured Destruction clock hits midnight.

    Also see what Risk to USERS of open source from patent claims?

  5. Re:More FUD from MS by torokun · · Score: 5, Interesting

    It's not impossible for Linux or Linux users to be in the wrong by, e.g., infringing MS's patents.

    If there is infringement, regardless of MS's motives, they are justified in taking action to protect their patent rights.

    Do you think Linux gets a free pass under the law, just because the developers are trying to do something nice?