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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.

10 of 394 comments (clear)

  1. Read the license by msobkow · · Score: 4, Informative

    From GPL v2:

    2.b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.

    All direct or derived GPL source is subject to the GPL.

    4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

    If there are licensing problems with the software, you do not have permission to use or distribute it.

    7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

    If there are problems with IP conflicts, the GPL explicitly does not apply to the source code in question. That means NO ONE has the right to distribute that software except the AUTHOR/OWNER, and they must use a license other than the GPL to do so.

    --
    I do not fail; I succeed at finding out what does not work.
    1. Re:Read the license by Kjella · · Score: 3, Informative

      If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all.

      Except noone has interpreted that to mean that a legal action anywhere will ban global distribution. For example, say Thailand's wacko new IT minister bans open source software (he was featured on slashdot). Does that mean Redhat, Suse etc. can all close up shop because they can't distribute it to thailenders, and hence not to everyone? Of course not, it would only apply in Thailand. So the US can have their stupid software patents, the rest of the world will go happily along. And if the EU joins them, there will be mirrors outside either. Unless I remember wrong, debian has had a "non-us" repository for quite some time because of crypto export restrictions, among other things. All common users need would be a "no-patents" mirror located somewhere else. It would suck for officially distributed software, but already there are unofficial side projects like Automatix and EasyUbuntu to "fix" crippled distros.

      --
      Live today, because you never know what tomorrow brings
  2. Re:What Panic? Re:Microsoft's FUD must be working by Reality+Master+101 · · Score: 2, Informative

    People sitting on Windows 2000 are going to see even less of what they want in Vista than they did in XP and migrating to free software will be very attractive for them. The end will come swiftly.

    Do me a favor and read Slashdot posts from 2000 ("Windows 2000 is a complete rewrite! There's no way MS can ship it without huge numbers of bugs. This is the end of Microsoft") and posts from 2002 ("I hate the XP interface! And no one is going to want to pay for a minor upgrades to Win2K. And mandatory registration?? This will definitely drive people to Linux").

    Then take a look at Microsoft's incredibly profitable financials. And the immense amount of money in the bank. They could bleed for DECADES before it'd be a significant problem.

    Your last lesson will be to realize why people buy computers. People buy applications, not operating systems. Linux is incompatible with their software, therefore Linux is totally and completely useless to the vast majority of people. Yes, a small number of people only want email and browsing, but for some reason Linux people think this is more than a tiny part of the world.

    Just wait for it -- Vista will be yet another cash cow for Microsoft.

    --
    Sometimes it's best to just let stupid people be stupid.
  3. Re:I live in EU by Movi · · Score: 3, Informative

    Umm, yes. Please remind me the place and time when Linus started developing the kernel...?

  4. Re:I live in EU by WilliamSChips · · Score: 2, Informative

    Actually, it was made specifically to be compatible with one already made in the Netherlands, made specifically to be compatible with one already made in the US.

    --
    Please, for the good of Humanity, vote Obama.
  5. Re:Windows Infringes Patents by iluvcapra · · Score: 3, Informative
    I heard a lot of Windows code was ripped off from BSD.

    As long as Microsoft puts something like "Some portions © Regents of the University of California" on a splash page somewhere, they've done everything they need to "rip off" BSD code. Winsock was just the Windows implementation of Berkeley sockets, and is the prime example of their use of BSD licensed code.

    BSD license means they can do whatever the hell they want with it as long as they keep the copyright attached to the code or binary, this is why Apple can build on top of BSD and link into it without releasing their UI code. The benefit of BSD is that different private companies can build on top of the same software infrastructure without giving up their improvements, while the reference implementation remains in public and still owned by the writer, who may elect to change the license in the future (BSD is not public domain). BSD is not for me, except for example programs in articles, maybe, but if you're one of those permissive types that wants developer to be "free" to use your code, then it's there for you.

    --
    Don't blame me, I voted for Baltar.
  6. Re:I live in EU by Who235 · · Score: 3, Informative

    I can't tell if you're agreeing with me or not, but just in case you're not. Here's why:

    Top 5 Online Populations by Country, Among Visitors Age 15+
    March 2006
    Total Worldwide - All Locations
    Source: comScore World Metrix

    Worldwide Total 694,260
    United States 152,046
    China 74,727
    Japan 52,100
    Germany 31,813
    United Kingdom 30,190

    When 4% of the world's population represents over 20% of the world's online presence, it's safe to assume they are an extremely important market for software.

  7. Apologies for the poor formatting: repost by Jezebeau · · Score: 2, Informative

    Top 15 Countries by Average Monthly Hours Online per Unique Visitor
    Among Visitors Age 15+*
    March 2006
    Total Worldwide - All Locations
    Source: comScore World Metrix

    Avg. Hours per Visitor March-06
    Worldwide 31.3
    Israel 57.5
    Finland 49.3
    South Korea 47.2
    Netherlands 43.5
    Taiwan 43.2
    Sweden 41.4
    Brazil 41.2
    Hong Kong 41.2
    Portugal 39.8
    Canada 38.4
    Germany 37.2
    Denmark 36.8
    France 36.8
    Norway 35.4
    Venezuela 35.3

    * Excludes traffic from public computers such as internet cafes or access from mobile phones or PDAs.

    I'm sorry, where are those 150 million accounts on there? Given that the particular study you referenced doesn't mention how that estimate was reached, and the low amount of usage of the US compared to other nations, I would suggest that they're counting every member of an American household which owns a computer connected to the internet. This is not an accurate protrayal of *usage* which is more relevant than the number of aging relatives who've learned to send email.

  8. Re:Windows Infringes Patents by FishWithAHammer · · Score: 3, Informative

    I heard a lot of Windows code was ripped off from BSD.

    I heard that monkeys fly on fairy wings.

    Here's what happened (I know a guy who was on the NT/2000 development team, and worked on the TCP/IP stack). Early on in the life of the NT project, Microsoft's networking software ran over a system called Netbeui (Netbios is the API for Netbeui). Microsoft realized that TCP/IP was kicking the holy hell out of other networking solutions (Blue Glue...ew...). So they resolved to put a TCP/IP stack into NT.

    Problem was, they didn't have a lot of time. So they licensed a TCP/IP stack (that used BSD code) from a company that, if my memory serves me right, was called Spider Systems. Their TCP/IP stack was decent, but ran in an environment called STREAMS. Microsoft licensed the stack and STREAMS and ported them to Windows.

    The Spider stack wasn't very good. It relied upon STREAMS, which was kludgey and ugly and a heavyweight. The only version of NT to use it was NT 3. By NT 3.5 (the second version of NT, as it happened), it had been replaced by a Microsoft-written one. I'm not saying that the TCP/IP stack in modern Windows OSes, such as XP, is completely, 100% free of all BSD code. I mean, hell, some things are just stupid to do twice (the checksum calculation, for example), and if you did rewrite it it'd look almost exactly the same. Identical.

    Now, some of the utilities--ftp, rcp, rsh--remained BSD-derived for quite a long time. But here's the thing--and if you had any clue as to what you were talking about, you'd have known this--it was entirely legal. As long as attribution is given, BSD code can be used for any purpose--and I remember that, in 3.51 at least, those utilities had the requisite "regents of University of California" text in it.

    Yes, Microsoft has used BSD-derived code in the past. That doesn't make it "ripped off." That's the entire point of BSD.

    Mod parent -1 Clueless.

    --
    "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
  9. Re:I live in EU by Movi · · Score: 2, Informative

    An escapist one - that they're working on doing something that would allow one use this stuff where the laws didn't apply, or even in the US if they have a license (froms some windows software for example).