So What If Linux Infringes On Microsoft IP?

Mr Men writes to mention a ZDNet blog entry by Adrian Kingsley-Hughes wondering aloud if maybe, just maybe, Microsoft isn't lying about having patents that are part of Linux. "Come on, no matter how much of a Linux fan you are, you have to admit that there's at least a chance that Linux does indeed infringe on Microsoft's patents. After all, Microsoft does hold a lot of patents and while Linux is open source and we can all take a look at the source code, only Microsoft has access to most of its source code so it isn't all that difficult for it to prove — to itself at any rate — that there are IP infringements contained in Linux. After all, before IBM handed over some 500 patents to the open source community, it's pretty clear that Linux was infringing some of them. Given that, why is it so hard to believe that the same isn't going on with Microsoft?" Even then, he goes on to say, so what if they do? It's not like they're going to go after us with a 'Linux tax.' Kingsley-Hughes imagines that, for the most part, Microsoft is just going to sit on this info and use it to form more and more profitable deals. Better than the alternative, I guess.

Comments

Balmer's suicide note: a 10 point guide

[nagora]

1. American directors have a legal responsibility to defend shareholders' interests.
   
2. Ballmer says that Linux is infringing and therefore damaging shareholders' interests.
   
3. Linux/OS programmers have access to their code only.
   
4. Linux/OS programmers have said they will remove infringing code.
   
5. Ballmer can see both the Linux/OS programmers' code and Microsoft's.
   
6. Ballmer is therefore the only party able to give the infringers what they need to know to stop damaging shareholders' interests.
   
7. Ballmer will not/has not said which code is infringing.
   
8. Ballmer is the party damaging (note: imperfect tense) Microsoft shareholders' interests.
   
9. Ballmer is therefore, by his own admission, in breach of American corporate law.
   
10. Someone call the police.
    

Shooting themselves in the foot

[PopeRatzo]

I think you may be underestimating the public relations nightmare Microsoft would endure if they were to kill Linux as a viable enterprise platform or even (god forbid) seriously damage OSS. Not to mention that the Feds may just revisit Antitrust cases against the evil empire.

I get the feeling that the world may just be ripe for a new commercial desktop platform that will run on PCs and be an actual serious competitor to Windows without requiring special hardware to run (ala OSX). I mean, how long has it been since OS/2 went down? I think it's about time. If I could go to Comp-u-City and buy a different commercial (I stress commercial, not open source but new from the ground up) operating system off the shelf for $150, I'd do it today instead of golfing.

Can we please

[Timesprout]

Stop posting mature consideration of the whole MS Patent issue and get back to hysterical screaming about how MS plans to kill Linux with patents.

I Found Code That Doesn't Infringe On Any Patents!

[noamsml]

#include int main() { std::cout

Re:I live in EU

[morgan_greywolf]

What if it's GCC that is affected ?

Well, then we'll all get to watch Eben Moglen eat Microsoft's lawyers for lunch since SFU contains some gcc code.

Re:I live in EU

[Darundal]

Yeah, because nobody using Linux in the US watches DVD's without the proper licenses...

Re:I live in EU

[shadwstalkr]

Haven't they both been hired by Google?

Re:Exactly

[Fred_A]

I have to mention that Europe is not yet safe from software patents. Sure, we won some fights against them, but the influence US companies can have on the bureaucratic decision structures of the European Union is not to be underestimated.

Summary of the history of software patents in the EU

US : "Hey, won't you have software patents ?"
EU : "No"
US : "I had an idea last night, why don't you have software patents"
EU : "No"
US : "BTW, we've got this thing you might like, software patents, heard of them ?"
EU : "yes, go away"
US : "ah so you want them now !"
EU : "What ? No !"
US : "Oh. Are you sure ? They're great ! And you've registered a lot already !"
EU : "That was just to get the registration fee from gullible companies and because our public workers like a joke as much as the next guy."
US : "So, uh, about this software patent thing... In exchange we could stop listening in on the EU diplomats..."
EU : "What ??"
US : "No no, that's not what we meant ! Um. Still software patents are good, they help growth !"
EU : "Growth of what ?"
US : "Uh, well law firms make lots of money with them."
EU : "Look we'll think about it ok"
US : "Great, we'll send you the paperwork in the morning !"
EU : "No no no, besides nobody likes them here."
US : "Who cares about that, just don't tell them"
EU : "Yes well we don't really see the point anyway"
US : "Just trust us, we are the nice guys after all, we paid for your swimming pool, remember ?"
EU : "Ahem, we try not to do that any more"
US : "Look just sign here"
EU : "No"
US : "Aw please"

Repeat ad nauseam... (if you haven't had enough already)

Re:I live in EU

[Who235]

Yeah, good point.

Especially if that one country has a population roughly half the size of your entire continent.

Screw 'em, we don't need their business or support.