Slashdot Mirror


Ballmer Says Linux "Infringes Our Intellectual Property"

Stony Stevenson writes "In comments confirming the open-source community's suspicions, Microsoft CEO Steve Ballmer Thursday declared his belief that the Linux operating system infringes on Microsoft's intellectual property." From the ComputerWorld article: "In a question-and-answer session after his keynote speech at the Professional Association for SQL Server (PASS) conference in Seattle, Ballmer said Microsoft was motivated to sign a deal with SUSE Linux distributor Novell earlier this month because Linux 'uses our intellectual property' and Microsoft wanted to 'get the appropriate economic return for our shareholders from our innovation.'" His exact wording is available at the Seattle Intelligencer, which has a transcript of the interview. Groklaw had an article up Wednesday giving some perspective on the Novell/Microsoft deal. Guess we'll have something to talk about in 2007, huh?

17 of 820 comments (clear)

  1. Samba by Ice+Wewe · · Score: 5, Interesting

    This coming from the guy that's requiring SMB2 in Vista so that people using Samba on Linux server's can't use them for file storage.

    1. Re:Samba by udderly · · Score: 5, Interesting

      Is it just me or does it sound like MS is going to charge a per seat charge for some enhanced ability to connect from a Windows machine to Linux servers? Or is it just straight blackmail for exemption for future litigation? Or both? I can't tell.

  2. SCO did it! by hackstraw · · Score: 5, Interesting


    But seriously, when the first SCO thing came about, the Linux people said, "We don't want to infringe on anyone's IP, so tell us where it we are infringing, and we will rewrite the code."

    Same applies here. Open source takes a little of the fun out of these things, now doesn't it?

  3. So what happens by Epeeist · · Score: 4, Interesting

    When it is shown to be Mono that is infringing?

  4. Re:Okay... by walt-sjc · · Score: 4, Interesting

    Oh, I believe that Linux (especially when you look at an entire distribution) DOES infringe on some MS patents. Wasn't it a year or so ago where 20 some odd MS patents were dug up by Linux proponents as a concern?

    I think a couple of things have been holding MS back however. IBM and THEIR patent war-chest, and the EU / DOJ with the anti-trust / abusive monopoly issue.

    MS wouldn't go after individuals in any case, they would go after businesses.

    We shall see!

  5. is this going to force a fork? by hedrick · · Score: 5, Interesting

    With this license agreement, Novell has a license to put MS patented technology into their Linux. Is it safe to permit Novell engineers to submit code to common Linux repositories? It seems to me that they would need to certify that none of their code contains any of the MS IP that they now have access to. Unless MS is willing to identify which portions of SuSE are covered by their patents, this could be difficult.

  6. Re:Microsoft Brand FUD by jackbird · · Score: 5, Interesting
    Bear in mind that Boies Schiller Flexner, SCO's law firm, is really, really good. They're the firm that defeated Microsoft in the antitrust trial. The fact that they've been able to drag this case out as long as they have with no evidence whatsoever is testament to that.

    But IBM has some fantastic lawyers as well, and they are not going to take Microsoft intimidating and/or suing their customers lying down. The nightmare scenario is IBM, MS, and Novell collaborating on a plan to monetize Linux, but with Red Hat already having line in the sand, and Sun and most of the developers unlikely to play ball, that could end well, too.

  7. Re:Microsoft Brand FUD by 14CharUsername · · Score: 4, Interesting

    This deal won't have any influence on the courts. Its all about PR and thats as far as it goes. And everyone in the know knows how this is complete bullshit. If Linux is infringing on MS patents, then why is MS paying Novell, a linux distributer? Shouldn't Novell be paying MS? What is MS paying for? FUD, thats what. But FUD doesn't work in courts. FUD is about muddying the waters and the law is all about very specific little details.

  8. Re:Microsoft Brand FUD by MindStalker · · Score: 5, Interesting

    It seems they are referring to the interoperability features. Things like NTFS support and even Samba. Of course as we speak the EU is forcing MS to disclose these interoperability secrets and saying they don't belong to MS. A lot of this stuff was also covered in the initial trial here in the US. They got let off, but the political climate is changing. They might be figuring, hey we need to license this stuff quickly before the government forces us to give it away..

  9. What intoxicant is Ballmer consuming? by msobkow · · Score: 4, Interesting

    What is it about monopolists that they end up thinking no one else could possibly be as good as them and their team, that no one could possibly compete, that no one could come up with an idea on their own?

    Why do monopolists assume they own the world when their fragment is a paltry slice compared to the whole?

    Why would someone whose anti-trust investigation mysteriously evaporated shortly after the Bush election be flapping their gums when the Democrats are on the rise and looking into any and all events for influence, connections, and blame? Instead of worrying about Linux, Ballmer should be worrying about the spectre of renewed anti-trust investigations.

    The Linux code is up for public review. The straw-dog SCO attempt to tear it down is all but done. Let Microsoft publish their code and identify the purported IP conflicts. They don't and won't because they can't, and they know it.

    --
    I do not fail; I succeed at finding out what does not work.
  10. Re:Microsoft Brand FUD by spellraiser · · Score: 5, Interesting

    Also from Ballmer:

    We are willing to do the same deal with Red Hat and other Linux distributors, it's not an exclusive thing.

    My, how nice of you. So you're willing to include others in your protection racket? You're much too gracious.

    Seriously, this is f*cked up, in a disturbingly devious way. Basically, Ballmer's philosophy here seems to be: "Microsoft deserves money for every single computer out there, and we will get it one way or the other."

    --
    I hear there's rumors on the Slashdots
  11. Re:Okay... by Anonymous Coward · · Score: 5, Interesting
    Well said. It's likely that every non-trivial piece of software infringes on some patent somewhere. But there are two reasons nobody wants a patent war:
    • It would be carnage. The only certain outcome would be lawyers getting rich.
    • Software patents are still disallowed in Europe, but there is intense lobbying to get them introduced. A US software patent war would show what a disaster they are.
  12. Re:Alright, own up by concept10 · · Score: 5, Interesting

    Alright, enough joking. Enough of the Balmer, chair and DRM jokes. It's time for industry leaders such as IBM, Intel and other supporters of F/OSS to step up to the plate and take action against these claims. Also, I haven't heard nothing from the likes of Linus and RMS. Where are they hiding?

  13. OSX question by Overzeetop · · Score: 5, Interesting

    So, if there is "infringing" IP in Linux, is there a liklihood that similar infringements have been made in Apple's code?

    Really, I'm not trolling. It sounds like Ballmer is saying that MS has so much of the system tied up in IP that effectively everybody who writes an OS which can interact with MS software is infringing. Does Apple have cross licensing?

    --
    Is it just my observation, or are there way too many stupid people in the world?
  14. Re:Alright, own up by gfxguy · · Score: 4, Interesting
    Are you seriously suggesting that Linux is the originator of all these technologies?

    No, he's suggesting that if Linux had these before Windows, then Linux can't be violating any MS IP (at least W.R.T. the things he mentioned).
    --
    Stupid sexy Flanders.
  15. Cry havoc. by quag7 · · Score: 4, Interesting

    In a way we should be thanking Ballmer. A lot of people run Linux now and the thrill of simply putting it on one's machine is long gone.

    Ballmer's comments, and the presumable legal action which will follow them in the future, lets us feel like outlaws, non-conformists, and rebels again. SCO was never really a thrilling nemesis

    SCO is...well...SCO is...pathetic.

    I never really had that thrill of running something as unlikely as Linux; by the time I got it installed (2001), it was pretty popular, installers had made it simple, and it wasn't a big deal. But now, not only will my 5 years of Linux usage be a functional and utilitarian experience (which is the sum total of what it has been thus far)-- but also one of spite and defiance going forward.

    I enjoy spite and defiance. Don't you? I'd rather be dragging down kings and military regimes, but this will do as a small snack in my comfortable suburban kitchen.

    A small thrill, but it feels good, nonetheless.

    I can't be the only one who felt *good* to be a Linux user when I read this.

    The chances of me downgrading to something like Vista were null to begin with, but now, well...

    The only thing I have to say about Windows is, well, bitch if I need to, I'll run your OS in a *window*.

  16. Re:Alright, own up by LordNimon · · Score: 4, Interesting

    Yeah, but it wasn't kernel-level threading until a couple years ago. OS/2 had kernel-level threading back in 1987.

    --
    And the men who hold high places must be the ones who start
    To mold a new reality... closer to the heart