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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."
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
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.
Who exactly do you sue? Linus Torvalds? Stallman? A bunch of working class coders who send in patches in their spare time?
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.
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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.
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.
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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."
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.
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.
Fedora's Greg DeKoenigsberg has finally posted a explanation on why Redhat has now included Mono in Fedora Core 5:
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?
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.