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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?
Who merged the Linux Genuine Advantage code into the tree?
Come on, speak up - I know it was one of you.
liqbase
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.
That rhythmic thudding sound you hear is the sound of every computer professional on the planet simultaneously laughing their balls off.
I'll be honest, we're throwing science against the wall to see what sticks. -Cave Johnson
I haven't seen patent one infringed upon let alone a whole balance sheet's worth so you'll have to excuse me if I seem a bit pessimistic about you strong arming me into using SuSE.
That's right, you can spin it anyway you want
It's not just any old regular FUD, it's new improved Microsoft FUD.
Enjoy your $500 million, Novell.
My work here is dung.
SuSE is dead.
Microsoft infringes on our patience sometimes, as well.
biopowered.co.uk - catalytically cracking triglycerides for home automotive use since 2008. Just say no to big oil!
If you want a job done right, do it yourself, eh Balmer? SCO just wasn't up to the task.
Infuriate left and right
GNU/Linux infringes on our IP
To quote South Park: Novell just got F'd in the A.
Pretty much any Linux geek will tell you that's a load of jibberish, not unlike the SCO case. But, should it come to Microsoft and Novell going to court over this, couldn't this still spell trouble for Novell? A lengthy trial isn't cheap (and neither are out-of-court settlements). And the worst case scenario - maybe this could even spell trouble for Linux itself? It certainly makes for some excellent FUD for Microsoft to feed to the CIOs and managers of the world.
With Microsoft's track history, I wonder why people trust them at all. Especially when the stakes are high, like in this situation.
Basilisk Digital
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?
If you can't beat 'em sue 'em.
Alright, enough of this bullshit. Isn't there some kind of Libel suit that can be filed about this kind of garbage? I know I, as a private citizen can't go around telling newspapers that the Coca-Cola company kills a kitten for every can of drink they sell, without getting sued nine ways from breakfast. Why is Microsoft any different? If they've got something, let's see it, if not, can't they be forced to stop spreading FUD on pain big nasty fine-y death? Surely Redhat, and the other corporate Linux entities have some interest in trying this?
Ballmer added later in the speech "You'll notice that BSD also infringes on our Intellectual Property. You'll notice that the BSD network stack is identical to the one Microsoft created. Anyone who thinks otherwise has been brainwashed by the Great Satan"
When it is shown to be Mono that is infringing?
Not clear how, if Windows code had been magically grafted into the Linux kernel, that such Frankencode would a) work and b) go unnoticed. Linus himself is the ulitmate commiter to the kernel.org sources, no?
As a society, we need to stigmatize people who say such wrongheaded things in public, and clueless publications that circulate such tripe.
Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
Without that essential information, Microsoft are behaving in a commercially-inappropriate way. Intimidating and destructive to creativity.
I need the chance to way either that the patent does not apply where I live; or that there is prior art; or that I will do something in a different way. Or to find a patent of mine (or of my employer's) that they would like to cross-licence. I also need to know when the patent expires.
"Talk is cheap, show me the code!"
it appears that with the passing years the microsoft top brass is getting old, and surprisingly losing their sanity before their due time.
arent they already aware that eu is bashing them because of their similar behaviour ?
do they think that eu will just let them force people to use their own 'partner''s distro just like that ?
i can see fines raining down like hell.
Read radical news here
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.
I hoped that Novell/MS deal was really something meaningful, not yet another PR/Marketing stunt from Microsoft. Putting all that "protection racket" bullshit aside, which I can buy a little bit, this Balmer speech asks for more serious investigation, because it just roars "antitrust".
user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
It all makes sense - MS is starting to worry. Not about the "boom in linux in just a few years" - that has been "just a few years" for over a decade now. What they are worried about is the "Big War" on the very immediate horizon. Computing is about to undergo a huge revolution.
Now that (as far as a lot of the top end guys at MS are concerned) Vista is out of the door they are looking at what is next. Customers (home, but most especially business) are not going to pay for another OS - many might not even buy Vista. There is little else MS can put into an OS that sells - stability and modularisation don't sell. They tried the "eye candy" route for Vista - because if they didn't it wouldn't sell one copy. The thing is they can't do the same thing again "Windows Corumo - just another coat of paint on the same OS" - nobody will buy it.
The future? Subscription based economics - they don't have to produce another OS - they just continually charge for the current one. That too goes for MS Office etc.
Why the current turn by MS - because linux really does cause them difficulties in that business model. $30 per month for windows or $0 for a flavour of linux.
The big battle is ahead - the business model that has held firm with computers (both software and hardware) over the past 20 years is being broken up. This can be proven in the easiest way imaginable. Ask yourself this question. As a member of the "bulk" of computer users (ie not high end gamers or 3D designers - home "write an email and watch a dvd"'ers or business "write a spreadsheet or create a presentation"er's) - why would you *want* to buy a new machine/new OS? - the old one does everything just fine - super fast and relatively trouble free. That has not been the case for the past 20 years - it is now.
This is getting really old and although many here will probably disagree, it will eventually have an impact. I can just hear my legal department now "We keep hearing case after case of Linux infringing on someone's IP. We better ban it. Microsoft is a big secure company that would never do anything like that and if they did, there is no way the effects of it could ever impact the end user"...Oh wait.. .. Scratch that.
--- Liberty in our Lifetime
Quoth Ballmer:
So they need lots of developers, developers, developers, developers to keep up ...
I hear there's rumors on the Slashdots
With the monopolist pressure they are forcing my relatives, my employers, my contractees, my government to use their own software and wont let them bail out, limiting me on what i can or cant do with my audio&visual equipment in my own house, increasingly deciding what i can or cannot see on the internet, oppressing my open source community, suing people to the extent of harrassment, causing my relatives, friends, close ones to get into pain over their lacking&incapable&insecure softare and me to run fix-up errands for them, trying to funnel cash into decision makers to influence political decisions against my democratic wishes.
In short, they are using me and all the people i know for their own personal profit against their wishes.
i request that microsoft cease and desist immediately
Read radical news here
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.
Hey, Steve, Apple of the 1980's called. They want their reactions to your OS stealing their ideas back.
/* No Comment */
Interoperability... Are they are putting in decent VT100 terminal support for a mere few 100 M$ ? Sure.
I hadn't the slightest objection to his spending his time planning massacres for the bourgeoisie... (P.G. Wodehouse)
Ahhhhh, so Microsoft owns IP that's in Linux, eh? So that explains why they paid Novell All That Much Money.
Don't piss off The Angry Economist
Really, he is a genius. Think about it.
IT Shop: We need some robust 24/7 uptime servers.
Ballmer: Great, I'll send you some Windows licences. Misa or VasterCard?
IT Shop: No, we need a well-architected, secure OS that's designed for networking.
Ballmer: Great! I'll send you some Vista licences. You should see Aero. Wow!
IT Shop: No, in the last 10 years, Windows has cost billions of dollars in lost time because of security flaws in Microsoft software.
Ballmer: Um... well... er... heh...
IT Shop: We're going with Linux.
Ballmer: Did you know? All the good parts of Linux were designed by us. Novell even admits it. We release so much great code every day that we let the hippies have some for free. So, in fact, when you buy Vista, you get all the good parts of Linux. Plus... you get Aero! Wow! Will that be Misa or VasterCard?
Rich And Stupid is not so bad as Working For Rich And Stupid.
The whole point of the BSD license is that the code may be used freely, by anyone, anywhere, for any purpose. BSD programmers care more about seeing their code put to good use than about getting something back in return. I'd just be happy to see my code being used to improve such a widely-used product, thereby improving the lives of millions. Much less likely with the GPL, you must admit.
And now, a PSA from David Lynch.
All this patent noise is hiding the real agenda. Microsoft is having Novell create a Linux compatibility layer for Windows to replace the aging/ailing Services For Unix/Services for Unix Applications. Services for Linux in Vista/Longhorn by SP2. Novell has the skills to hack Linux interface into Windows, since this is how Netware integrates. Remember FreeBSD has a Linux compatibilty layer so there is an existing shim already that can be adapted.
When I was young, I had to rub sticks together to compute.
http://www.linuxcommand.org/man_pages/bsod1.html
We all know that Windows most innovative feature is the BSOD. They want thier royalties.
Enjoy,
It's just the normal noises in here.
Microsoft Windows infringes on our intelligence.
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?
The lack of specificity is the most damaging. Clearly msft's game is to flood the media with vauge innuendo about linux being a legal mine field. A lie told often enough is the truth. If msft were specific, their claims could be evaluted and appropriate actions taken.
Msft = the fud factory.
That remark touches a nerve for me. There was a girl in my elementary school who kept taking my lunch money. Worse yet, she took it from other kids in the school.
However, I was the first one to stand up to her, and tell her that she wasn't going to get MY money, and that I was going to keep it!
So she told me to put my tray back, and turned to the next kid in line.
But I could tell that I'd had some effect from the way she kept looking at me funny for the rest of the year, and the whispering of the other kids told me that I'd made an impression on them as well.
Strike while the irony is hot! -- The Freethinker
Steven, when you use a Trojan Horse strategy, you have to remember to wait to attack until the doors are closed, night has fallen, and the city inhabitants are all asleep in their beds.
Overall grade: C+
Great execution of a sneaky plan at the beginning. Strong-arming Novell was a masterstroke. Then you brought the whole plan down because you were too impatient. Reread The Prince before our next assignment.
Read the EFF's Fair Use FAQ
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*.
With the Novell deal, Microsoft pretends to 'embrace' Novell SUSE Linux and casts a FUD shadow over non-SUSE Linux but that's not the whole thing. Next will come the Microsoft products that extend SUSE Linux to 'interoperate' with Windows and, guess what, they might actually become popular and useful for both Windows and Novell SUSE Linux users. Finally comes 'extinguish' where the new products become obstacles to using other OSS software and non-SUSE linux.
I thought I'd do a quick Google search and see if good ol' Microsoft has ever "appropriated" any code themselves. In just a few minutes, I found eight instances where Microsoft lost court battles over the code they stole. Here you go:
.NET and related security technologies
As a response to Digital Research's DR-DOS 6.0, which bundled SuperStor disk compression, Microsoft opened negotiations with Stac Electronics, vendor of the most popular DOS disk compression tool, Stacker. Stac was unwilling to meet Microsoft's terms for licensing Stacker and withdrew from the negotiations. In the due diligence process, Stac engineers had shown Microsoft some Stacker source code. However, Microsoft chose to license Vertisoft's DoubleDisk instead of Stacker.[2]
Soon, MS-DOS 6.0 was released, including the Microsoft DoubleSpace disk compression utility program. Stac successfully sued Microsoft for patent infringement regarding the compression algorithm used in DoubleSpace. This resulted in the release of MS-DOS 6.21, which had disk-compression removed. Shortly afterwards came version 6.22, with a new version of the disk compression system, DriveSpace, rewritten to avoid the infringing code.
http://en.wikipedia.org/wiki/MS-DOS
A new patent battle is brewing -- this time over Microsoft's (Quote) claim over Caller ID for E-Mail.
F. Scott Deaver, owner of Failsafe Designs, says Microsoft is guilty of the "outright theft" of his product name and intellectual property (IP), and will seek legal and financial redress from the Redmond, Wash., software giant and anyone else that uses his technology that verifies e-mail is coming from the domain it claims.
http://www.internetnews.com/security/article.php/3 393891
Alacritech® Inc., the innovator of Dynamic TCP Offload(TM) data acceleration solutions that enable the highest performance and efficiency in networked systems, today announced a U.S. District Court granted Alacritech's motion for preliminary injunction to prevent Microsoft Corporation (Nasdaq: MSFT) from making, using, offering for sale, selling, importing or inducing others to use Microsoft's "Chimney" TCP offload architecture slated to be available in both the "Longhorn" version of the Windows® operating system and in the Scalable Networking Pack for Windows Server(TM) 2003.
Alacritech sued Microsoft in Federal District Court on August 11, 2004, alleging that Microsoft's existing and future operating systems containing the "Chimney" TCP offload architecture uses Alacritech's proprietary SLIC Technology® architecture. The suit is based on two of Alacritech's fundamental patents relating to scalable networking, U.S. Patent No. 6,427,171 and U.S. Patent No. 6,987,868, both entitled "Protocol Processing Stack for use with Intelligent Network Interface Device."
http://www.alacritech.com/html/041305Alacritech_Gr anted_PI.shtml
In April 2001, Intertrust initiated a lawsuit against Microsoft. The lawsuit ultimately accused Microsoft of infringing 11 of Intertrust's patents and almost 130 of the company's patent claims.
The lawsuit centered on accused products based on the following technologies:
DRM and product activation technologies
Trusted and reliable operating system technologies
In bringing the patent infringement lawsuit, Intertrust believed that Microsoft's forward-going technology infrastructure significantly relied on Intertrust's inventions for DRM and trusted computing.
http://www.intertrust.com/main/ip/settlement.html
(Redwood Shores, CA, December 15, 2005) - Visto Corporation has filed a legal action against Microsoft (NASDAQ: MSFT) for misappropriating Visto's intellectual property. The complaint ass
ConsultingFair.com