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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."

93 of 644 comments (clear)

  1. More FUD from MS by carsonc · · Score: 5, Insightful

    More FUD from MS Desperate times call for desperate measures. What to say, Microsoft is getting desperate. To be coming out making direct statements like this show's that Ballmer is worried about his future; he really screwed up with Vista.
    Daniel Lyons has been suspected of being a SCOX puppet for Microsoft for quite some time now. And people have been suspecting that Microsoft has been funding this sort of talk in the SCOG - IBM case as well. Can't wait for the discussion on Groklaw

    1. Re:More FUD from MS by hey! · · Score: 2, Insightful

      I wouldn't call this FUD so much as common sense. If companies are incorporating patented MS technology into their Linux distros, then why should he rule out going after them? Anybody has to assume they will if they think they have a case; it's only FUD if they do it without a case. Shouldn't be hard to make a case, given the ongoing state of easy virtue at the patent office.

      The only really compelling reason not to is that if somehow it wasn't in their interest. For example, Novell may have patents that affect Windows, but haven't enforced the patents becuase it's not really in their interest. Microsoft sues various parties over the Linux kernel; even if Novell isn't named, they don't like this and they sue over their patents. Even if they lose, it could mean six months more on the Vista project. Ugh. This is what you have where justice is bought: a wild west scenario. If you're in Dodge, you're smart neither to wave your gun around too much; people can be twitchy. On the other hand, you don't exactly hide the fact you've got a gun.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    2. Re:More FUD from MS by gentlemen_loser · · Score: 5, Insightful

      If companies are incorporating patented MS technology into their Linux distros, then why should he rule out going after them? Anybody has to assume they will if they think they have a case; it's only FUD if they do it without a case.

      FUD=Fear Uncertainty Doubt

      They are trying to slow the adoption of Linux in the corporate world by introducing fear of lawsuits and thus risk. Risk, in the corporation (as anywhere else) is undesirable and therefore avoided. By definition, this is FUD. They are abusing their dominate market position (again) to slow adoption of other systems (Linux) in order to compensate for problems the company is currently dealing with.

      In my opinion, they should have been broken up years ago.

    3. Re:More FUD from MS by Ungrounded+Lightning · · Score: 5, Insightful

      If companies are incorporating patented MS technology into their Linux distros, then why should he rule out going after them? Anybody has to assume they will if they think they have a case; it's only FUD if they do it without a case.

      The point of a FUD attack is to scare off customers (or investors, or partners, etc.) by hinting that their is a problem with the competition but without giving enough information about the hinted event for the listener to determine that the hinted-at problem exists.

      In this case they're hinting that there is misappropriated technology from some unspecified items from their large patent portfolio in Linux and that at some point in the indefinite future they'll come down on Linux vendors and pull the rug out from under their customers. Yet they don't say when, don't specify what patents, don't specify which Linux components, and so on.

      It's a vague threat. It can't be falsified (i.e. potential Linux adopters can't effectively determine whether there are actual violations or if Balmer is speculating through his hat). It would tend to scare away customers, partners, adopters, contributors, etc. Any claim of wrongdoing can be deflected by pointing out that the ACTUAL STATEMENT is just a truism of business policy, not a deliberate attack on Linux and its community.

      If it really is just a truism of business, it would not be newsworthy. If Microsoft is actually gearing up for a patent fight it would be very newsworthy. Yet it makes headlines, without announcing the launch of an attack, or anything but the non-newsworthy truism.

      So IMNO the fact that he made the statement at all meets the above definition of a FUD attack.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    4. Re:More FUD from MS by johnMG · · Score: 3, Informative
      As GNU/Linux gains marketshare, Microsoft will become more and more desperate, and the teeth will *really* come out.

      This is related to why I like the way GNU handles their official projects: you assign copyright to the FSF when you contribute to GNU projects. This means that the buck stops with them. They own the copyright, and they are doing the distributing. If MS wants to sue them, my guess is that RMS (or another FSF rep) will go to bat and either the patent will get nullified (dunno the correct terminology there), or else unfortunately the "offending" code will be removed and be re-written.

      If there's no one single copyright holder (but rather, a big bunch of copyright holders), do they all have to go to court in such a lawsuit? Hm.

      Hopefully, lots of cases like this will go to the courts, and hopefully enough fair judges will see the frivolity of so-called "software patents" that we'll see some sanity come back to the patent system.

    5. Re:More FUD from MS by ivanmarsh · · Score: 2, Informative

      I wouldn't call this FUD so much as common sense.

      If there was any common sense when it comes to patents no one would be able to patent something as trivial and global as a "double-click"... or something they didn't invent for that matter.

      Remember: MS sued Borland over having drop-down menus in their applications... and won.

      Xerox innovated (to use an MS BS term) the drop-down menu. Hell, VisiCalc16 for the Apple IIe had drop-down menus in it.

      Obviously any company should be able to protect their IP... but the patient office shouldn't let companies patent something they didn't invent.

    6. 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?

    7. Re:More FUD from MS by rob_squared · · Score: 2, Interesting

      People are sympathetic to software patent violations because software patents are stupid and unnecessary. If Microsoft needs to sue someone, how about copyright infringement. The patent system is broken, but at least copyright is broken in a way that isn't conducive to software companies.

      --
      I don't get it.
    8. Re:More FUD from MS by mrchaotica · · Score: 2, Insightful
      It's not impossible for Linux or Linux users to be in the wrong by, e.g., infringing MS's patents.
      Yeah it is, because software patents are wrong and MS's patents should be invalid.
      If there is infringement, regardless of MS's motives, they are justified in taking action to protect their patent rights.
      That's a load of bullshit because the system is broken.
      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    9. Re:More FUD from MS by Billly+Gates · · Score: 2, Interesting

      Years ago slashdot editor Katz wrote a silly entry about patents. Basically the letter a used in a font is already patented.

      Infact you broke patent laws just by replying to this post. Probably a half a dozen.

      You can not and I mean can not ever develop a software product that does not infringe on some patent.

      Do you think Microsoft Windows is infringement free? I think not.

      If Linux developers follow patent laws it would not be an operating sytem or even usable.

      Its a serious problem.

    10. Re:More FUD from MS by _Sprocket_ · · Score: 4, Insightful
      It's not impossible for Linux or Linux users to be in the wrong by, e.g., infringing MS's patents.


      It's not that Linux developers are above and beyond the law. By all means, if something like this has been done - point it out. But first know that it has, indeed, happened... and be willing to back the claim.

      The "FUD" comes from the wink-wink-nudge-nudge nature of the statement. Note that Ballmer does not confirm nor deny. But he does attribute all manner of dire consequences to these claims. Assuming they're correct. But you can't tell - you don't even know who the "experts" are... much less what the claims are. It's classic FUD.

      A more appropriate way of handling this question would be either "we are investigating these claims", "we are not aware of any such case at this point", etc. These are not FUD statements. However, I understand that Ballmer just isn't that kind of guy. A spade being a spade and all that.
    11. Re:More FUD from MS by mrchaotica · · Score: 2, Insightful

      No, they're not, because the system itself is unjustified. Your statement is analogous to saying that Google is justified in censoring Chinese search results because that's how the "current system" in China works. Or that NAZI soldiers were justified in gassing Jews because that's how the "current system" in Germany worked during WWII.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    12. Re:More FUD from MS by jc42 · · Score: 4, Interesting

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

      Possibly. But they might also be reasonably worried about the result of an actual court case. It's entirely possible that if they were to sue over linux permitting such things as double clicks or nested scrolling (which they also have a patent on), the courts just might laugh and throw out the patents.

      Like atomic weapons, patents such as these are primarily useful as threats and PR tools. Actually using them in a legal action could easily end their usefulness.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    13. Re:More FUD from MS by defile · · Score: 2, Interesting

      So IMNO the fact that he made the statement at all meets the above definition of a FUD attack.

      Uhhh, actually, the interviewer brought it up and Ballmer avoided the question without limiting his options by committing to a course of action. "No, we aren't suing anyone (but that doesn't mean we can't.)"

      From what I read of their behavior, it seems to be an unwritten policy of theirs to only file defensive patents.

    14. Re:More FUD from MS by Shelled · · Score: 2, Insightful

      Which makes more sense to you, that the completely open to all for examination, community created Linux is using MS IP, or that the completely closed, distributed as binaries, NDA locked, backed by a thousand lawyers and $30+ billion in the bank MS product infringes on 'freely accessible' OS code? It doesn't take a statistician or soothsayer to calculate the probabilites.

    15. Re:More FUD from MS by tolkienfan · · Score: 2, Interesting

      Why should someone who, in utilizing software they have on their computer (that they may even have purchased), be subject to a lawsuit for double clicking on something? They can neither know that their use of the software is infringing, nor are they in a position to correct or remedy the situation, and they didn't act in any malicious way to commit the infringement, yet the law stands. It is a system that plainly doesn't work.

    16. Re:More FUD from MS by mrchaotica · · Score: 3, Insightful

      Yes, the US patent system is similar to the Chinese system of censorship and the NAZI system of internment and/or genocide in that it restricts the freedom of the citizenry for dubious gain. All three systems benefit the Powers That Be while harming everyone else.

      Admittedly, they differ in extent, but they do not differ in kind.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  2. quick somebody by bigpat · · Score: 5, Funny

    and already owns more than 4000 patents, including many patents on fundamental, but trivial technologies, like double clicks.

    Patent the triple click or click(n + 1) and sue the bejesus out of Microsoft for all those times you have been waiting around for something to open and you just keep clicking.

  3. Not FUD, sound business tactics by Anonymous Coward · · Score: 3, Insightful

    What Ballmer is saying is this: if (and that's a big if) there's patent or IP imfringement anyhere in the Linux kernal, they'll look into it and take legal action if they have to. Should MS not enforce their rights, they're hosed and the stockholder get's POed. It's a sound business decision and, frankly, so obvious that it should not have even been reported. It falls into the "duh, no shit, sherlock" category. So what else is new? This ain't FUD people, this is business as usual.

    1. Re:Not FUD, sound business tactics by TechnoGrl · · Score: 4, Insightful
      This ain't FUD people, this is business as usual.

      The really, really sad thing is that you are absolutely correct.

      --
      ----- In Your Cubicle No One Can Hear You Scream...
    2. Re:Not FUD, sound business tactics by heatdeath · · Score: 5, Insightful

      They're sound business tactics, but that doesn't necessarily mean they're right or make sense. Leveraging a monopoly is also a very sound business tactic.

      --
      I'm sorry. The number you have reached is imaginary. Please rotate your phone 90 degrees and try again.
    3. Re:Not FUD, sound business tactics by justsomebody · · Score: 4, Insightful

      What Ballmer is saying is this: if (and that's a big if) there's patent or IP imfringement anyhere in the Linux kernal, they'll look into it and take legal action if they have to.

      Unfortunately, too late for MS. If they did that 2-3 years ago, they might've even succeded. It would be easy to pick on standalone home developers, a free open season on Linux hackers.

      Now? Not really. Too many corporations are getting money from Linux and they will fight for their piece of pie. If they would proceed with this steps, all they would achieve is corporate fight without any rules, but no gain.

      One case that proves what I'm saying. OIN http://linux.slashdot.org/article.pl?sid=05/11/10/ 1321238

      MS is just too late with this idea as every time.

      Should MS not enforce their rights, they're hosed and the stockholder get's POed.

      Unfortunatelly, MS stockholders stand just as much chance as SCO.

      It's a sound business decision and, frankly, so obvious that it should not have even been reported. It falls into the "duh, no shit, sherlock" category. So what else is new? This ain't FUD people, this is business as usual.

      In bussines, timing is everything. MS has missed this oportunity (as every other time). While I agree with your saying it isn't FUD, it is not sensible reality either. It would like MS is declaring the start of the last battle in this war (First they ignore you, they they laugh at you, they get scared, they fight, they lose), where MS is not fighting, but pissing against the wind. And this is business as usual to.

      --
      Signature Pro version 1.13.2-3 release 83.5 beta3try7 after-breakfast edition
    4. Re:Not FUD, sound business tactics by kfg · · Score: 2, Insightful

      Not FUD

      It is FUD, by definition, if the statement is being made to strike fear, uncertainty and doubt into the hearts and minds of businesses and government agencies considering switching to Linux.

      The degree to which the statement is a complete weasel (I think there are experts. . .I'm not going to comment. . . To the degree that's the case. . .When there's something interesting to say. . .") tends to bear out that hypothesis. To the cynical mind it might even look exactly like a carefully preprepared answer to say something, without saying anything, but looking like you're saying something specific.

      i.e., FUD.

      sound business tactics

      However, FUD is often a sound business practice, despite the number of people it just makes you look like an asshole to.

      KFG

    5. Re:Not FUD, sound business tactics by KilobyteKnight · · Score: 2, Insightful
      This ain't FUD people, this is business as usual.

      The really, really sad thing is that you are absolutely correct.
      The grandparent is not absolutley correct... it is in fact both business as usual and FUD.
      --
      When will Windows be ready for the desktop?
    6. Re:Not FUD, sound business tactics by Jesus_666 · · Score: 2

      Now? Not really. Too many corporations are getting money from Linux and they will fight for their piece of pie.

      True. When we're talking about Linux-loving corporations we're talking about corporations like Big Blue. And Big Blue has bigger (or at least more) guns than Microsoft in the case of a full-scale patent war. Add to that companies like Novell or Sony and you get a force that can just walk over Microsoft. Heck, they could simply walk into Mordor if they wanted to.

      Also, as has been already pointed out in other posts, Europe isn't so keen about US laws and even less about US corporations (unlike Ireland, which is a subsidiary of Microsoft). With the legal status of software patents still being a touchy subject over here the offensive use of them against Linux (which European governments are keen about) the already powerful European anti software patent lobby would get quite powerful ammunition into their hands. A huge patent lawsuit against Linux might kill off software patents in Europe. Especially as the EU definitely won't like some random US business telling them which operating system they should run.

      Microsoft is waving around their patent nukes but the other side also has lots of them. This whole thing looks a lot like mutually assured destruction - everyone involved has the capabilities to render everyone else non-functional.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
  4. Who is or represents Linux? by Anonymous Coward · · Score: 5, Insightful

    Who exactly do you sue? Linus Torvalds? Stallman? A bunch of working class coders who send in patches in their spare time?

    1. Re:Who is or represents Linux? by cbreaker · · Score: 4, Interesting

      Perhaps. Little shit lawsuits haven't stopped the RIAA. Microsoft has *much* more money then them, and they could possibly sue 100,000 people and not even sweat it. They could sue every Linux vendor, every medium and large enterprise using it, and do it all in your home country.

      Most of the suits would be bullshit, but they could do some serious damage.

      Microsoft has done some sordid things in their time, but I do fear the potential of Microsoft's wrath much more then anything else. With that much money on hand, there's no limit.

      --
      - It's not the Macs I hate. It's Digg users. -
    2. Re:Who is or represents Linux? by Jerf · · Score: 2, Insightful

      You sue the users. Writing code covered by a patent without a license is illegal, but so is using it.

      Of course you can also sue the coders, if you feel like it.

      Patents are pretty broad. And of course ignorance isn't a defense, so you're legally obligated to have memorized all umpteen millions of existing patents so you can be sure you're not infringing on them.

      (Sometimes I think that last point is the strongest anti-patent argument there is; the bar is set so low you're effectively guaranteed to be in violation, and what's the point of a patent law that everyone is in violation of?)

  5. What this really means... by ImaNihilist · · Score: 3, Funny

    Ballmer is just saying that he wants to challenge Linux Torvalds to a chair throwing match. What better place to do this than in a court of law? There's a lot of other things in a court room to throw, too. Personally, I think Ballmer is going to kick his ass.

  6. Microsoft is flailing by jimmyhat3939 · · Score: 5, Insightful
    I just wish Microsoft would stop with this behavior and actually work on their core products. It's been nearly 5 years since the last major revision of Windows--it's getting kind of ridiculous.

    I think the best analogy for Microsoft's current situation is when Apple was struggling to come out with Copland. At that time, Apple flailed around a lot trying to figure out ways to make money. Ultimately, they concluded they needed to find a way to start all over with their OS. Microsoft will wind up doing the same, eventually.

    In the meantime, let's hope their flailing won't harm Linux.

    --
    Free Conference Call -- No Spam, High Quality
    1. Re:Microsoft is flailing by grovmalet · · Score: 5, Funny

      I just wish Microsoft would stop with this behavior and actually work on their core products.

      But they are focusing on what they do best...

    2. Re:Microsoft is flailing by utlemming · · Score: 2, Interesting

      Oh come on...the patient business is proving to be quit popular these days. How many companies are we reading about that can't make a dime and then they start to sue people and win because they filed some absure patient first? The "buy-it-now" patient and the double-click patient are great examples of this. Its the new business model. Can't make money by marketing and implementation. So now you can make money by thinking up something and then patienting.

      In traditional ./ equiquation
      1.) Think of idea
      2.) Patient idea
      3.) Wait for people to use for a good long time
      4.) Sue
      4a.) Stiffle innovation
      5.) Profit

      Software patients are bad, especially when the implementation of such is not know. Trade secrets should be used instead of clobbering competition. And with Micrsoft doing something like this, I would bet that a suit would emerge alledging anti-competitve behaviors. Besides with the EU and there MS is an evil monopoly attitude I would be that the EU might have some teeth where the US might not. Stang how playing internationally can lead to some serious problems for a company that won't play nice.

      --
      The views expressed are mine own and do not express the views of my employer.
    3. Re:Microsoft is flailing by Zathrus · · Score: 4, Interesting

      Ultimately, they concluded they needed to find a way to start all over with their OS. Microsoft will wind up doing the same, eventually.

      I don't think that's a foregone conclusion, although it would be a welcome one. They're going to put out Vista first though, come hell or high water.

      As the NYT article states, MS holds backwards compatibility sacred. And yes, they've broken it in small ways in the past (XP SP2 was probably one of the largest breaks in recent years), but nothing big. They're scared of breaking it in a "big" way because they know it could cause market fragmentation -- if I'm stuck on Windows because of some proprietary app that we lost the code for years ago and that's essential to my business, well if Windows 2010 breaks it, then why should I stick with Windows?

      Frankly, I think they're a little over-concerned on this front. Yes, there are a number of apps out there like that. But that's solvable now -- they could spin up an entire virtualized copy of XP in a VM. It'd be slow, but it'd at least work. And most businesses would stick with Windows over the alternatives because that's what their IT knows, it has the widest range of apps available, and the widest hardware support.

      Heck, how much crap could they be rid of if they simply ditched DOS and the entire 16-bit layer? What about for crap like WMF and other archaic data formats? Would ditching FAT32 as a bootable FS (or an FS for "special" files, like profiles and swap) buy anything?

      Of course, I suspect that that's not the real sticking points when it comes to "compatibility". There's craptastic API calls all over the Windows API. There are entire layers of APIs that MS stopped promoting years ago, but are still used. And what about the craptastic IE5/6 renderer? Talk about a support and development nightmare.

      Apple had the "fortune" circumstance of being a bit player. Microsoft doesn't. If Apple fragmented its market share, well, there wasn't all that much to lose in the first place. The same cannot be said for MS, and MS's entire business plan has revolved around a unified OS (supplied by it) for decades.

    4. Re:Microsoft is flailing by XMilkProject · · Score: 2, Interesting

      It's been nearly 5 years since the last major revision of Windows--it's getting kind of ridiculous.

      You are right, it has been nearly 5 years, but I don't know that it is getting ridiculous.
      Windows XP is fast, (relatively) stable, pretty, and easy for the average user. Microsoft has kept it patched and updated (to some degree), and provided a service pack for some larger upgrades. And at the same time they've released several versions of media center, tablet pc, etc. All the while building the tools for their future strategies, including VS.net 2005, .net2.0, MSSQL Server 2005, biztalk.

      What is it that you need so bad from Vista other than 3d desktop graphics? XP will still do everything my MacOSX box will do (and much faster) and with the proper tweaking, it'll do everything my Ubuntu laptop does as well. I personally prefer to work on a Linux box, but Windows XP is a great operating system, and I'm glad to have something stable enough that we don't have to upgrade every year like we used to do with windows.

      --
      Big ones, small ones, some as big as yer 'ead!
      Give 'em a twist, a flick o' the wrist...
    5. Re:Microsoft is flailing by cowscows · · Score: 2, Insightful

      I don't know what the world needs from Vista, but if Microsoft wants to actually be the innovation powerhouse that they sometimes pretend to be, they should figure it out. They've got money to hire some bright people to think up new things that we'll find useful. Fifteen years ago, I didn't know I'd need a web browser, and now I spend hours per day in one. Ten years ago I didn't know I needed an IM client, and now I use one constantly. Et cetera and so on. And let's not forget better security.

      I know the pace of development for the industry has been crazy for the past decade, and I don't mind if it slows down a little. But I'm certain that Operating Systems have plenty of more room to grow, and I'm sure there are plenty of people out there with ideas. MS has the resources, and should have the motivation, to get those people together and help them move things forwards.

      It doesn't have to be every year. But come on, 5 years is a long time now-a-days.

      --

      One time I threw a brick at a duck.

    6. Re:Microsoft is flailing by WebCowboy · · Score: 2, Funny

      Windows Server 2003 was released in 2001?

      Windows Server 2003 was a MAJOR revision?

    7. Re:Microsoft is flailing by ansible · · Score: 2, Informative

      But that's solvable now -- they could spin up an entire virtualized copy of XP in a VM. It'd be slow, but it'd at least work.

      Doesn't even have to be that slow. With Xen, you taking only a small performance hit, 2% to 8%.

      The trick, of course, is to get the VM guest OS applications to interact with the rest of your system in a seamless fashion.

  7. what he was about to say... by CAIMLAS · · Score: 2, Interesting

    Well, I think there are experts who claim Linux violates our intellectual property. ... That SCO group, was it? And if not, I'm sure we can find someone to pretend to be an expert and falsify information like we paid SCO, er, *head explodes*

    --
    ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
  8. In other words, stifle if you can't innovate by bushboy · · Score: 4, Insightful

    These patents simply stifle competition and therefore advancement, so it stands to reason that Microsoft, being the kind of company they are, will practice underhanded methods such as this.

    They are simply incapable of any real innovation and never have been, so they stifle and steal ideas and use marketing muscle to sell it as thier own.

    I'd say these methods have a limited lifespan, as is clear with Vista.
    They are being beaten to the punch due to lack of this innovation, by Apple, by Google and by Linux.

    No amount of FUD or threats is ever going to stop that, time to move over microsoft, as your going to be played at your own game and your going to lose.

    --
    A slashdotting - you get the stick first and then the carrot !
  9. Double click? by DrFrob · · Score: 2, Funny

    I seem to recall playing around with an Apple IIe program when I was a kid that taught you how to use a mouse. I swear there was some double-clicking involved.

    1. Re:Double click? by russotto · · Score: 2, Funny
      I seem to recall playing around with an Apple IIe program when I was a kid that taught you how to use a mouse. I swear there was some double-clicking involved.
      But Microsoft's patents are different. They only apply to a limited-resource computing device. An Apple IIe with 64K of main memory, 64K of auxiliary memory, and 32K of ROM just doesn't fit the bill... err, wait a minute...
  10. 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.

    1. Re:Open Invention Network may counter by Bacon+Bits · · Score: 2, Interesting
      Yeah, that's just the thing. You can't mess with Linux based on your patents, because friends of Linux -- Novell, IBM, et al. will just crush you. You think MS has a lot of patents? IBM has received over 2,000 patents annually for over ten years (making it the #1 recipient annually for just as long)!

      That's why SCO had to do it with copyright. Violating copyright is like getting caught with your hand in the cookie jar. As soon as you say the word "patent", though, everybody who has something to lose is suddenly armed against you.

      --
      The road to tyranny has always been paved with claims of necessity.
    2. Re:Open Invention Network may counter by deadlinegrunt · · Score: 2, Funny

      "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."

      This sounds like a Star Wars plot only better. Too bad you can't have voice over sound effects of snythetic breathing and symphonic music of the Imperial march theme.

      Darth SourceSafe: "The IP is strong in this one"
      Ob1_compile to
      Luke SyntaxWalker: "Luke, use the source"

      I need more sleep...

      --
      BSD is designed. Linux is grown. C++ libs
  11. much ado about nothing by winkydink · · Score: 3, Informative

    You mention intellectual property. What's going on in terms of Microsoft IP showing up in Linux? And what are you going to do about it?

    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. And when there is something interesting to say, you'll be the first to hear it.

    All you're seeing in that answer is "we have an obligation to our shareholders to protect our rights if we're being infringed". And if there's something interesting to say (in the mysterious future), he'll let Forbes know about it.

    Taking that comment to mean MS is threatening to sue various companies over Linux infringements is akin to screaming the sky is falling when a bird shits on your head.

    --

    "I'd rather be a lightning rod than a seismometer." -Ken Kesey

  12. A perfectly good reason why they must go by MikeRT · · Score: 4, Insightful

    and by they I mean Microsoft's management. At a time when their status quo has lead them to a debacle with Windows development, all Ballmer can think of is lobbing bombs blindly at the enemy. He's proven himself to be no real tactician nor to have a good eye for managerial talent.

    I own stock in Microsoft and want to see these asses go. Stop wasting my money on threats against Linux and start getting Vista out. You idiots cannot get blood from a turnip, which is about what your suits against OSS developers will amount to. The only way to keep the value of my stock up is to develop a product that brings in more revenues, and suing Linux developers won't do that.

    Fuck you Ballmer, Allchin, etc.

    -From a shareholder who sees right through your wag the dog campaign to CYA.

    1. Re:A perfectly good reason why they must go by amliebsch · · Score: 2, Insightful
      At a time when their status quo has lead them to a debacle with Windows development, all Ballmer can think of is lobbing bombs blindly at the enemy.

      He was asked a direct question about it. What should he have done? Lied? Run away? I suppose he could have just said "no comment," but all things considered, don't we want more transparency, not less?

      --
      If you don't know where you are going, you will wind up somewhere else.
  13. Can't disagree with Balmer here by ChrisGilliard · · Score: 4, Insightful

    He didn't state that he's sure that Linux has violated Patents, but he's saying that if they did (as some experts say), they would be forced by their shareholders to take action. This is entirely true and will always be true in every situation. If someone materially infriges on a corpoations patents and there are substantial damages to the corporations ability to make money, the corporation has a duty to it's shareholders to enforce the patents. Balmer really doesn't have a say in this matter he has to act.

    --
    No Sigs!
    1. Re:Can't disagree with Balmer here by Syberghost · · Score: 2, Funny

      Balmer really doesn't have a say in this matter he has to act.

      He could quit and donate a billion dollars to Ubuntu.

    2. Re:Can't disagree with Balmer here by Photon+Ghoul · · Score: 2, Interesting

      as some experts say

      Can you cite the experts saying this? Just curious.

    3. Re:Can't disagree with Balmer here by IthnkImParanoid · · Score: 2, Insightful

      That comment by Ballmer is what distinguishes this as FUD, rather than just an honest response to a question.

      --
      It's nothing but crumpled porno and Ayn Rand.
  14. 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."
    1. Re:We're pathetic... by vdboor · · Score: 2, 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.

      Well, I'm going to get a good laugh if KDE4 (actually the libs only) are ported to Windows and form a nice alternative to .Net based applications while being truly cross-platform. Not that I'm confident it will happen but it has a lot of potential and possibilities. MS is watching KDE closely, for a good reason, and they're actively visiting KDE conferences. :-D

      --
      The best way to accelerate a windows server is by 9.81 m/s2 ;-)
    2. Re:We're pathetic... by leereyno · · Score: 4, Interesting

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

      Creating incompatibilities with Windows and other Microsoft technologies is doing this HOW?

      Please, don't be like Apple. They tried to do the whole 'we won't play ball with you' routine and look where it got them? Apple could be where Microsoft is today had they played their cards differently. But because they didn't they've consigned themselves to be a perpetual "also ran."

      Open source is about technology, not ideology. People in the real world choose it and use it to the degree to which it is superior and/or more economical. No one cares about the ideology of the developers. The more ideological someone is about a piece of technology, the less likely they are to be listened to for very long. No one respects wild-eyed zealots for whom computers and computer technology are a religion. People like that are eternally confined to the lower rungs of IT organizations because they lack the ability to be impartial and are by their very nature NOT pragmatic. Religion belongs in church, not in an IT environment.

      The best way to beat Microsoft is to refuse to play by their rules. The very LAST thing that Microsoft wants is technologies that are a direct replacement for their own. Such technologies are dependent upon their ability to interoperate with Microsoft's products. The better Linux and other open source technologies work with Microsoft's stuff, the more they will be used. The more they are used, the more impact they have upon the creation of defacto standards.

      You hate Microsoft, well guess what, no one cares. The people who make decisions about how their IT budget will be spent don't give a rat's ass about your feelings. The only things they care about are protecting their jobs and choosing the technology that is best suited to their environment. Creating incompatibilities with Windows or other "evil" technologies is a damned fine way to ensure that your preferred technology is NOT chosen.

      Lee

      --
      Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
  15. IBM by Nohea · · Score: 2, Insightful

    This is just puff - if MS ever resorted to that, IBM would have to dust off their extensive patent collection and retaliate.

  16. 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.
  17. corporate bow shot by hedley · · Score: 2, Interesting

    I think a lawsuit (if it happens) whould be to discourage businesses from
    selecting Linux. I am sure there are a lot of corporate IT depts out there now
    that at one time would never have considered Linux, now are selecting it for
    all the reasons we use it for. Whats better is the growth has been a cushion
    for these IT managers to not have to be out there on their own. One way
    Microsoft can turn the table is to sow a little fear in the IT managers boss.
    Just a wiff of a patent lawsuit or some form of injunction and it would have
    the desired effect of steering some IT depts away from Linux and towards Microsoft.
    Its a bit hard from a conceptual point of view to see how you pin the tail on this
    one, whats injunct worthy here is not necessarily so elsewhere.
    Not to mention the ill will it may engender. Still corporate Vista is on track
    so they say, and thats the one Ballmer would be trying to force upon IT depts. The timing
    would be right, sow the lawsuit, reap the rewards.

    Hedley

  18. Keep in mind ... by Lead+Butthead · · Score: 2, Insightful

    that merit is unecessary in the said lawsuit (see SCO) but only need to generate enough FUD to halt or slow adaptation.

    --
    ELOI, ELOI, LAMA SABACHTHANI!?
  19. Re:The F word by carsonc · · Score: 4, Insightful

    Lyons hand fed him this question. It was something he wanted to talk about. You think that he would have commented otherwise.

  20. Patents by Randall311 · · Score: 3, Funny

    Ballmer: What do you mean we can't patent the word "Start"?!! *picks up chair and launches across the room*

  21. And here we go.... by beheaderaswp · · Score: 2, Insightful

    I'm sure this is review for most of us, but this is the end game right here, right now.

    Microsoft has been hoarding patents, regardless of prior art, for some time now. The patent office will grant a patent, when it's not contested. They have 4000 or so now....

    Now comes the fun.... litigate.... and do so against open source. Leaving the cost of this litigation with the large Linux vendors who's pockets are not nearly as deep as Microsoft.

    And here's what they bank on: They can bankrupt the Linux movement financially, regardless of whether the patents would stand up, simply because there are so many of them.

    Will it work?

    It will work unless there is more pressure put on Microsoft than defensive litigation. There has to be a market reaction. There has to be people walking away from Microsofts product on large scale basis. There has to be PR from the linux side that's almost as dirty as FUD.

    Sadly, I think we are going to lose this war for the time being. And that is not easy to say: Because it means that I will literally be out of a job and unable to continue in business. I'm an independent consultant and mini-ISP.

    Imagine if Ford wasn't trumped by GM in the days of "Any color but black"?

    In the Ford/GM days there was a corrective force in the marketplace through GM's product response. I'm not sure that today's consumer is ready/educated enough for that choice, I'm entirely sure that the courts really won't understand these issues for another generation, and I know Microsoft will not restrain itself based on the greater good.

    Linux is in my mind equivalent to GM's product response in the Ford monopoly days.

    If Microsoft is successful in a patent assault on Linux and FOSS in general, it will effectively remove FOSS from legal use in the United States, and probably many other western countries.

    And here's the upshot: Countries like China, Tiawan, Thialand, pretty much the entire pacific rim and 3rd world countries are NOT going to respect US patent rulings. Leaving the USA at a competitive DISADVANTAGE as FOSS development moves OFFSHORE along with it's USAGE and REVENUE.

    People need to really think about what is happening here. This is about more than business and patents. This is about freedom and the good of our markets.

    What if Gutenburg took control of what was printed on the press? What if Gutenburg had absolute control over the press and it's design?

    The computer is just another printing press. We all need to vote with our feet and dollars to prevent a catastrophe in the free market from happening- and if it happens, it will be in the name of Microsoft Shareholders.

    Think about it.

    --
    Another consultant who stuck it out.

    "We are the Priests, of the Temples of Syrinx..."
  22. Good by mfh · · Score: 4, Interesting

    I welcome a Microsoft lawsuit against Linux. If MS can point at Linux open source code and make claims -- the claims must be backed up with hard evidence (and stalling tactics would be frowned upon as bullying by many, thus hurting MS in the media). The Linux legal team could argue that since Microsoft has a right to view Linux code and raise legal concerns about it, then the Linux "team" (ie: open source community) must also have a right to view the Microsoft code, and scrutinize it heavily as well, for GPL infringements. Which code will have more infringements? Care to hazard a guess?

    --
    The dangers of knowledge trigger emotional distress in human beings.
    1. Re:Good by pieterh · · Score: 4, Informative

      Bzzzt. Wrong.

      I've never heard of a patent lawsuit where the defendant was allowed to inspect the plaintiff's source code for other random violations. It probably made sense when you made this up but it's not the way the world works.

      Take random huge Linux user, e.g. a large bank that runs 70% of its servers on Linux and is migrating the other 30% as fast as it can. Now produce a patent with 17 claims. Now if large bank cannot disprove each and every one of these 17 claims, they must stop using Linux immediately, or pay whatever the patent holder asks. It is up to the defendant to break the patent claims.

      Microsoft will not enforce their patents, if they have any that they think undercut Linux, not because there is any real defense (there is not) but because they will wait until Linux is well-enough established that the patent negotations will go smoothly.

      Patent licenses are a large planned revenue stream for Microsoft, and they are only possible when there is a large captive public of infringers who keep infringing. Thus, Linux growth is actually good for Microsoft, seen from this point of view.

      Where the whole lovely effice collapses is when we see that for ever dollar MSFT can hope to earn from licensing "their" IP in this way, they will spend ten times that fighting and settling patent ambushes.

      Patent holders have a huge power. Look at NTP's extortion of RIM. Microsoft think they can use this power to extort future Linux users. But it's a very risky gamble because MSFT are a lovely target for extortion themselves.

  23. Re:The F word by hunterx11 · · Score: 5, Insightful

    But it is FUD. The term has nothing to do with the accuracy or fairness of claims; rather it is used for claims intend to discourage people from using a product regardless of the merit of the claims. Here, Ballmer is by his own admission only speculating that Microsoft could sue. Why not simply look into it and sue or not sue? Because this way, he can pre-emptively discourage the use of Linux.

    --
    English is easier said than done.
  24. 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?

  25. Re:Not Sound business, total FUD... by justsomebody · · Score: 4, Insightful

    Yeah, you're right, Microsoft should sit around and allow its IP to be stolen, if that's the case, by a bunch of self-satisfied nerds. Maybe once you're old enough to have a job, you'll understand the ways of the real world.

    Which IP? TAB handling? Virtual desktops? Wearable devices?

    99.9% of MS IP is shamefull stealing from long existing projects. Name one real IP invented by MS.

    --
    Signature Pro version 1.13.2-3 release 83.5 beta3try7 after-breakfast edition
  26. The REAL QUESTION is... by Jerry · · Score: 2, Interesting

    Ballmer would have been derilict in his duty "to the stock holders" IF he hasn't had MS coders scouring the Linux kernel source, and other FOSS projects, for YEARS, on the lookout for stolen MS IP. After all, UNLIKE Microsoft's practices, the development of the Linux kernel, and other FOSS projects, has always been and still is an OPEN PROCESS!

    Further, I have no doubt that Gate's lawyers would already have filed a legal action if they found MS IP in ANY FOSS project, especially the Linux kernel and FireFox. In fact, if they are aware of such violations they have a legal obligation to inform those projects so that the projects can mitigate the damage.

    No, the REAL QUESTION is: "How much Linux & FOSS IP is hiding in Microsoft's secret code base? I'll wager it's MILLIONS of lines of code.

    --

    Running with Linux for over 20 years!

  27. Adam Smith by vlad_petric · · Score: 2, Interesting
    ... lived in the so-called "age of reason". The economic theory he created is pretty much based on the principle that people act rationally and in their best interest when doing an economic transaction.

    Unfortunately, that's simply not true. Perhaps the best example is the herd behavior that's very cleverly exploited by Microsoft. Not to mention the efficacy of Microsoft-sponsored FUD. There are actually people out there who consider that Windoze is more secure and stable ... no kiddin'.

    --

    The Raven

  28. We won't dismiss to use force.. by Pecisk · · Score: 2, Interesting

    ...to bring "Microsoft Democracy(R) and Peace(tm)" in the world. We will just "nuke" everyone who will stand in our way to our last fort. Now we see why there is software patents. They are weapons. And again "we didn't know what monster it will create" from creators. No, you didn't. Because those who had forseen it, won't make such system in the first place.

    There is a reason why economics should be regulated by scientists.

    It is getting more and more farse. It is really all? It is all you can do? West? It is called progress? Capitalism?

    It is *sad* to see all what have been good, go. But it is has to go. Such thinking is dead end for free market and capitalism itself. Anyone sees it more and more.

    Less on my emotional and moral rant... Now we see "then they fight you" phase at it's maximum. Question is - will be there "and then you win" phase for us, free/open source software and small business? What Microsoft, sinking like Titanic, will take with it?

    --
    user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
  29. double-click patent only for handhelds by TekGoNos · · Score: 4, Informative

    Microsoft's double-click patent only applies to buttons on handhelds (or, as they word it : "limited resource computing device", and later "Small, mobile computing devices, such as personal desktop assistants including hand-held and palm-type computers and the like").
    And if I interprete the patent correctly, even then, only to physical buttons.

    And I still think that the patent is bogus.
    (You know, it's an innovation because ... well ... everybody did this, but never on ... well, you know ... small, portable computers. Yeah, there, it's a complet novelty.)

    --
    I have discovered a truly remarkable proof for my post which this sig is too small to contain.
  30. Filing fees should be increased by truthsearch · · Score: 2, Interesting

    Any organization that applies for more than 1,000 patents in the previous year should be charged $100,000 per application. If they're going to bogg down the system they need to pay for it. That should at least slow them down a little while we wait for our congress to make software patents illegal (yeah, I know I'm dreaming).

  31. I have a sad message for his shareholders by Qbertino · · Score: 4, Insightful

    Linux/OSS isn't playing Microsofts game.
    Sue all you want. Open your war chest of patents and fire away, Have IBM join the fray and fire back with an army of lawyers and tons of prior art. Drag Donald E. Knuth to court and have him confess that he came up with large parts of the stuff everybody claims to have a patent on. Force people to join patent ammo interest groups and have 10-20 wisecracks come forward who've managed to pass "pattern-matching" and "bit-vectors" passt the patent office clerks, ready to sue MS to chunky kibbles - or step down for a mean xx million sum.
    Be it that in the end, 50% of Linux is actually 'illegal code'. 'Illegal' as in 'patent-thought crime'. Illegal as in 'may never use FAT' and 'may never use CF12xx encoding for characters.'. And so on. But never forget:
    Linux/OSS isn't playing Microsofts game. It's not about money. It's about nice computer stuff that's fun to lots of people. It's about software that does interesting things, not about making money. It's made to work without money. It's about PHP. Mozillla. Python. Blender. Not about Money.
    MS won't survive as a software-only company. They can sue, burn 5-10 billion and set back desktop Linux by a decade. And they have to if the shareholders demand it. But they can't win. Because OSS is not playing their game. OSS has more IT expert manpower than MS can even dream of. And it's machinery is fuled by passion, not money. That's what scares the piss out of MS.
    "... then they fight you. Then you win." QED.

    --
    We suffer more in our imagination than in reality. - Seneca
  32. Top Men by tmlrv · · Score: 5, Funny

    Ballmer said: 'Well, I think there are experts who claim Linux violates our intellectual property.

    Interviewer: Who are these experts?

    Ballmer: Top men.

    Interviewer: Like who?

    Ballmer: Top men.

    Interviewer: Can you give me a name?

    Ballmer: Top. Men.

  33. Bye bye Microsoft. by MikeFM · · Score: 2, Insightful

    Seems like a death cry to me. When a sofware company can't get it's own software working properly and turns to filing more and more patents just so it can sue other companies that is a sure sign that something is terribly wrong. Is Microsoft going to become a huge version of SCO? Rather than making products they'll just try to cash in on anyone else that tries to make a product. To bad they're big enough to cause a lot of damage on their way to the bottom.

    --
    At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
  34. Re:Not Sound business, total FUD... by justsomebody · · Score: 2, Informative

    Doesn't matter, a patent is a patent.

    Really?
    1. It can be overthrown as prior art.
    2. It is not valid worldwide. EU doesn't recognise SW patents for example.
    3. Too much of business already depends on Linux for this to go down without a major incident. IBM, Novell, Sony... They won't just let MS take their piece of pie without a fight.
    4. They are being trialed as monopolist, meaning... they are in disadvantage and enforcing this would mean that accusation is having merit.
    5. OIN. Look at the patents MS breaks there and read what OIN is.

    If you want to blame someone, blame those who allow such patents to exist.

    Guess what. I'm from EU ;)

    A successful public business has a responsibility to its shareholders to use every available avenue to maximize corporate value.

    Yeah, they could start making better products if they want to achieve this goal.

    This step with patenting issues would be valid if it was taken before companies started depending on Linux and Linux was just a hobby OS of willing hackers. Now is just a futile attempt (pissing against the wind), which is not to be taken seriously.

    I know that in your idealistic world, a "good company" just wouldn't register these patents, but that's not reality.

    [sarcasm] Yeah, this is probably the reason why SCO is winning. [/sarcasm]

    --
    Signature Pro version 1.13.2-3 release 83.5 beta3try7 after-breakfast edition
  35. Didn't say a word about suing anyone by roman_mir · · Score: 2, Insightful

    I think Ballmer is a clown, but here is what was actually said:

    Question You mention intellectual property. What's going on in terms of Microsoft IP showing up in Linux? And what are you going to do about it?

    Question 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. And when there is something interesting to say, you'll be the first to hear it.

    This statement does not imply that the only strategy is a legal recourse. It doesn't imply that the strategy will not be a legal recourse either. It just means that MS will have to look at any problem case by case.

  36. Bring it. by WhiteWolf666 · · Score: 4, Interesting

    MS is on the death march toward Vista, the death march toward Office 2007, the death march towards a .Net strategy.

    Wars on the IE front, Wars on the server front, Wars on the standards fronts.

    Legal battles with various corporations, the patent office, and various governments.

    Let them come against Linux. Who are they going to pick a fight with, IBM? Redhat? Novell? Maybe this lawsuit will break the (MS) camel's back. I do know that discovery in any MS versus (Linux Corp.) case will be very, very interesting. Linux's dirty laundry is avaliable for everyone to see, but won't it be nice for (Linux Corp's) our lawyers to take a look at MS source, MS confidential e-mails, MS's internal documents?

    I think so. Not to mention that IBM'll be able to contribute a bunch of that stuff from their current discovery involving MS's contacts with SCO. And if IBM gets drawn into (Linux Corp) versus MS, I think very interesting things will happen.

    Not to mention that MS will never have any success versus Linux; even if they smear one linux company, the "community" will rewrite those portions, and move on.

    --
    WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
  37. Do you know what FUD is? by spun · · Score: 4, Informative

    FUD is a good acronym: Fear, Uncertainty, and Doubt. What other term would you use to express the concept? It isn't name calling, it's simply stating what they are doing. If they want to sue, sue. There is no reason beyond spreading FUD to announce that "We might sue."

    The article isn't misguided, Balmer is. Precisely because he is spreading fear, uncertainty, and doubt rather than, say, useful information about the merits of his product and how it has better features than Linux. Therefore, claiming that Balmer is spreading FUD doesn't distract from pointing out why he is wrong, it IS why he is wrong.

    I'm now thinking that perhaps you didn't know what the acronym stood for and took it as some kind of insult. It's the only way to explain your lack of comprehension as to why the term is accurate. That or you are some kind of Microsoft sock puppet who is deliberately spreading FUD about FUD.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    1. Re:Do you know what FUD is? by Irish_Samurai · · Score: 2, Insightful

      The best tactic available to Microsoft right now isn't in talking up the new features of an OS that is not going to be released any time soon, it is in putting the shadow of a possible lawsuit against a player in the Linux space. That way these same players may decide to hold on to their cash to defend against possible lawsuit instead of spending it on Marketing, Education, and Manpower.

      Microsoft has to slow down the Linux competition now that their OS is delayed, it's just damage control. By forcing their competition to hold back funds for "just in case" MS is ensuring those funds aren't spent in the areas that will give Linux the greatest returns in marketshare during this down time.

      Lawyers are way more expensive than marketing, theoretically this move could cut into next year's budge as well for some of these companies.

    2. Re:Do you know what FUD is? by timeOday · · Score: 2, Informative
      So concentrate on explaining why his arguments are wrong.
      Why? Ballmer didn't put any effort into his scaremongering, why should anybody go to the effort of refuting it?

      Seriously, it bugs me when somebody throws out some baseless assertion, and then says "prove me wrong." Ballmer, if you want us to believe that Microsoft has grounds for suing Linux, feel free to start making your case at any time. Because as things stand, Microsoft has been on the wrong end of a lot more rulings than Linux (or any other open source project).

    3. Re:Do you know what FUD is? by spun · · Score: 3, Informative

      What he is stating is business as usual, not newsworthy. There is no reason to state such a fact unless you are trying to discourage people from using Linux without the expense of actually filing a lawsuit. If Microsoft wants to file suit, that would be newsworthy, and not FUD. Simply restating general business practices such as "We sue people that infringe on our IP," or "Product X may infringe on our IP," serves no purpose but to scare away potential Linux users.

      I can see no reason for Balmer to make this statement except to spread fear, uncertainty, and doubt about Linux. Can you imagine some other reason for him to state such a thing? Yes, we are calling his motives into question.

      You see, his arguments aren't wrong. Microsoft could sue Linux. That isn't the issue. The issue is, why even talk about it rather than simply doing it? Balmer's motives are the issue, so it is completely legitimate to posit that his motives are to spread FUD. Doing so counters his assumed motives and puts the ball back in his court.

      Not FUD? Then sue. Won't sue? Then it's FUD.

      Without an actual lawsuit, there is nothing for potential linux users to fear. We are not trying to counter his arguments, we can't. Microsoft could perfectly well sue Linux. We are trying to counter his unstated goals by countering the fears he brings up. If they wanted to sue, they would have.

      It's FUD until they actually sue. Then we can worry about winning the argument that Linux infringes on Microsoft IP. Until then, we will simply say, don't listen to him, he's full of FUD.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    4. Re:Do you know what FUD is? by brouski · · Score: 2, Insightful
      It is name calling, in that it impugns the speaker's motives. To say someone is spreading FUD is to say that they are maliciously spreading misinformation with the objective of creating baseless fear in the audience. I say forget the motives. We may assume that Steve Ballmer is going to have certain biases (as do we all). So concentrate on explaining why his arguments are wrong.

      That's the whole point of this discussion. Ballmer doesn't actually make an argument. Arguments can be directly addressed and refuted. What he did here is put the notion out that Linux is infringing on their IP and is due for a lawsuit from the 800 lb gorilla without actually saying anything at all. Whether that notion is true or not is immaterial.

      --
      Proud member of the American Non Sequitur Society. We might not make much sense, but boy do we love pizza!
    5. Re:Do you know what FUD is? by Hal_Porter · · Score: 2, Informative

      In the UK, McDonalds sued to green activists who demonstrated outside one of their stores, handing out leaflets. Most of the information on the leaflets was legally pretty dubious - the UK has strict libel laws, and the slightest untruth opens you up to a lawsuit. McDonalds spend a fortune on lawyers and the activists defended themselves. McDonalds technically won the case, but it was a public relations disaster, and they have no hope of recovering any of the costs, not even the ones they were awarded (the real costs were much higher)

      http://en.wikipedia.org/wiki/McLibel_case

      I suspect that any Microsoft litigation against Linux would prove much the same. And they seem to have been severely chastened by the anti trust lawsuit, so I'd predict they wouldn't want to do anything which would be perceived as crushing a competitor.

      Additionally, sueing one of the Linux vendors would encourage patent pooling and dragging in IBM's patent lawyers, and that would be very bad for them, given that they are sitting on far more cash than any of the Linux vendors. Oh, and it's much easier to remove offending code from Linux than from Windows.

      And Microsoft hasn't as far started a patent lawsuit, they have only been on the receiving end of them, and they got into the patent business fairly late and are thus at a disadvantage.

      So I think even if they had a cast iron case of patent infringement, they would probably decide not to persue it.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  38. Ocean has more than one side. by jesterpilot · · Score: 4, Interesting

    So they sue 100k people in the US. On the other side of the Atlanctic Ocean, all their precious patents are futile. Oh, and there is some woman in Brussells who is not very happy with the M$ monopoly. She's got some power over there. But the negative press about the suits will NOT be futile on the other side of the ocean. Linux will be totally legal in Europe, while every newspaper tells people 'they couldn't beat Linux by technology, now they try it The American Way' (Europeans are on average not very impressed by the merits of the US legal system).

    The fun is, there is more than one ocean. On the other side of the Pacific one, US patents are worth less.

    --
    Trust me, I work for the government.
  39. Lyons an MS Lawn Jockey again... by Jerry · · Score: 2, Interesting

    Daniel Lyons wrote a scathing article asking why Microsoft invited 300 of his fellow journalists to an "Important Event", which happened to be scheduled at the same time as Novell's BrainShare. He reported that MS techies demonstrated flying whizbangs with VISTA, doing tricks so complex that "Average User" could never master them. What he got out of the whole event was the VISTA was XP with additional worthless bloat just piled on.

    Apparently, Lyons must have been taken to the woodshed by Forbes (or MS) and this article demonstrates Lyons in his usual role as MS lawn jockey, dutifully feeding canned questions to Ballmer.

    The question of major interest, "will Microsoft sue Linux for IP violations?" is amazing in its bluff and bravado. There is little doubt that this question was designed to deflect attention away from the FAILED LAUNCH of VISTA and, simultaneously, to slow the already rapid adoption rate of Linux. It has failed on both counts because MS has become too transparent and too desparate.

    Microsoft (Gates and Ballmer) know FULL WELL that if they sue the Linux kernel poject they have sued IBM, Novell, RedHat, HP, several foreign governments and agencies, not to mention the US DOD, the NYSE, movie studios and PDA manufacturers the world over. This will open up counter suits claiming that MS has stolen Linux code/IP. Then they'll have to PRODUCE their proof, which will open up their own code to public scrutiny. Considering how many times they have already been convicted of stealing other folks code Microsoft wouldn't survive that revelation.

    --

    Running with Linux for over 20 years!

  40. Re:Not Sound business, total FUD... by GigsVT · · Score: 3, Insightful

    A successful public business has a responsibility to its shareholders to use every available avenue to maximize corporate value.

    Bullshit. I don't know where poeple like you got the idea that companies have some obligation to a certain course of action.

    Don't spew shit about fiduciary duty. The truth of the matter is the people running the company have great latitude to make decisions about the direction of the company. They can't blatently steal from their shareholders, but they can very easily say "Hey, maybe we shouldn't sue people for using obvious patents, that would cost us more in public image than we would gain".

    Under your skewed world view, companies that didn't go with the absolute lowest bidder on every contract would be strung up. Companies that build their image based on environmental friendliness can't exist, etc.

    So don't feed me that bullshit. People running any company never have their hands tied from doing anything except the most blatently irresponsible and illegal actions.

    --
    I've had enough abrasive sigs. Kittens are cute and fuzzy.
  41. Balmer the fool by klept · · Score: 2, Interesting

    Ballmer ought to worry about the problems with IE and the rest of Microsoft's junk. If he really wants to bury linux and google, then his company should turn out first rate products. Best way to beat the competition, and at the same time provide something socially useful. That should be Microsoft's mission, and it can also be their legacy. Yeah sure. Snakes on a plane

  42. Oh my! by OpenSourced · · Score: 2, Interesting

    Please, please, let him do it. I hope he does and the litigation kill Linux... IN COUNTRIES WHERE THERE ARE SOFTWARE PATENTS. Then when people start to notice that those countries have a competitive disadvantage (at least in some areas), with respect to others that can use Linux and other OSS perhaps the whole idea of software patents will go down the drain.

    --
    Rome taught me patience and assiduous application to detail. Virtues which temper the boldness of great, general views.
  43. Windos IS ridiculous. by WebCowboy · · Score: 2, Insightful

    Windows XP is fast, (relatively) stable, pretty, and easy for the average user.

    XP can be MADE to be fairly fast, but it can even more easily be made to be a big, slow pig.

    For some time hooking up a stock XP machine to the 'net would bring it crashing to a worm-infested halt within minutes--literally. XP has reached a point of stability but for a great deal of its lifetime it was unstable as hell--mostly because of its massive vulnerability to exploits and "turned on by default" philosophy regarding services.

    Whether XP is "pretty" is a matter of taste--I personally find the default gummybear, theme-by-fisher-price look repulsive.

    Microsoft has kept it patched and updated (to some degree), and provided a service pack for some larger upgrades.

    Perhaps with the latest IE vulnerability they should reach for a higher degree. SP2 was definitely the right move but the truly correct thing to do would've been to put much of what was in SP2 into XP in the first place.

    And at the same time they've released several versions of media center, tablet pc, etc.

    This is not innovation. This is the same old garbage with fresh new garbage piled on top...and they have been midle commercial successes at very best.

    All the while building the tools for their future strategies, including VS.net 2005, .net2.0, MSSQL Server 2005, biztalk.

    This is Microsoft's biggest saving grace--they make some top-notch developer tools. I really think that if it were not for Visual Studio that not even monopoly-induced inertia could keep them secure as industry leader. Ballistic Ballmer was right on the mark when ha ambled around the stage, stomping and beating his chest yelling "developers! developers! developers!". The only thing is that their future strategies seem a bit hard to pin down...that and they've on occasion pissed off said developers by throwing compatibility to the wind (a lot of depressed VB6 coders out there...and there are a number of annoyances in migrating from .net 1.x to 2.0). This is a challenge given the Windows community worships on the altar of compatibility and many windows depelopers are change-averse.

    What is it that you need so bad from Vista other than 3d desktop graphics?

    Almost nothing at all. Vista was hyped as a big new thing...then MS suddenly had to pay attention to security and put out some big fires and "reload". Oops...no time for WinFS...gotta cut back on the ambitios rewrite of system componenets in .net managed code...etc... and now all that is left is a pail fuzzy inkjet printout of the original vision.

    There is one thing that is welcome...and that is the deprecation of the registry and DCOM...but both are still there. At least there are supported, standard alternatives in Vista in the form of Indigo and XML based .config files.

    XP will still do everything my MacOSX box will do (and much faster) and with the proper tweaking, it'll do everything my Ubuntu laptop does as well.

    XP will do it "good enough". It just does a mediocre job of most things. My experience with Macs as of late is limited but I really notice little difference speed-wise, considering the amount of eye-candy that OS X (which I also find a bit off-putting once in awhile).

    Windows XP is a great operating system, and I'm glad to have something stable enough that we don't have to upgrade every year

    Except that we actually do upgrade it in a sense--every month when Windows Update has a round of patches to install.

    MS has a problem on its hands really...it has slipped into managin Windows a bit like an open source project--it is updated often but rarely is there a ground-up, major reworking. It has made XP into a mediocre but (finally) stable and usable OS, and if MS just kept issuing updates and service packs it would evolve into what could be considered a true quality product. The problem comes in because

  44. Re:Mono is now DEAD by despisethesun · · Score: 2, Informative

    The point just flew right over your head, didn't it? Microsoft more than likely has software that violates patents that OIN members hold. If Microsoft starts patent litigation against Mono, it risks the same litigation in return from OIN members. Therefore, the logical conclusion is that Microsoft will not "KILL MONO", because doing so would be very, very costly.

    Also, Mono is not "in Linux". It is an application which can be run on a Linux system, and is included on a handful of Linux distributions. This does not mean it is "in Linux", as there are versions for Windows, Mac OS X, *BSD, and Solaris.

    --
    This poo is cold.
  45. Re:What backward compatiblity is necessary? by drsmithy · · Score: 2, Insightful
    They already bought VirtualPC. Whats the problem?

    Those pesky customers, who want to do things like run their old games with decent performance.

    Astounding as it might seem to you, Microsoft actually *are* interested in keeping their customers happy and have a long history of going out of their way to do so.

  46. I've been waiting for this by jnkt · · Score: 2, Insightful

    According to studies, Linux does infringe on a lot of patents. In a certain study infringement of 283 patents were found and out of these 27 belonged to Microsoft. Even Richard Stallman has been mentioning this in interviews as well as in talks, thus giving the claim some credibility in my eyes at least.

    Since SCO is now in everyones seen as a Microsoft sock puppet, even the Redmond company realizes that it would look incredibly silly to continue using SCO as their megaphone for spreading Linux FUD.

    Microsoft is at a crossroad right now. People, companies and governments have started demanding a lot more software freedoms in the last few years and it's clear that Microsoft can't tackle the "Linux threat" (i) in the same manner they've tackled all other competitors since their beginning. Since Microsoft's hand is more or less forced right now they seem to have no other option (at least given their current business model and unwillingness to become a service company) than to pull out the patent card. This might very well be a Pandora's Box, since there are a lot of big companies having a lot more patents than Microsoft who are betting a substantial part of their future on GNU/Linux. However Microsoft currently only has three options.

    1) Sit back and watching their market share shrinking (due to many factors such as regulations of software freedoms in certain countries and general sway in corporate attitude towards freedom).
    2) Become primarily a service company, backed by software which is still lacking in the OSS community (ii)
    3) Start a legal battle to slow down the inevitable, allowing a few more years of enormous margins.

    Now clearly option 1 is out of the question since it flies in the face of any Harvard MBA. Option two is not something Mr. Gates is very comfortable with and will likely not happen while he and Mr. Balmer still has significant influence over the company's direction. So They're left with option three...

    i. Linux happens to be a manifistation of software freedom which looks tangible enough for Microsoft to grasp, since it can apply the typical corporate stratagem of having a "threat" and an "enemy". Tacking these labels to the real reason for their headache namely "freedom", would not play out very well as a media stunt, nor for their own employees I would guess.

    ii. The future of proprietary software is in my view to fill whatever gaps exist in the OSS offerings at any given time or to invent (iii) new useful stuff. However the OSS community will catch up eventually if the applications are of enough use which means that the "software aspect" of a company who relies on proprietary stuff will have to raise the bar and / or find other gaps to focus on more quickly. It's all good in my view since it would likely accelerate the development pace in the industry.

    iii. By invent I don't mean the buzzword / marketing term for "refinement" but real innovation.

  47. Re:The F word by carsonc · · Score: 4, Interesting

    Thanks for noticing, for getting an on topic first post I was bitch slapped into karma oblivion. At least two people with mod points went back and knocked down all my previous posts to -1 with trolls, off topics and redundants. I was banned form posting for twenty-four hours and I'm not allowed to meta-moderate anymore:( There some mean people on /.