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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.
so I don't care.
For now, at least.
I guess I'm not on the same page as this guy. When I read about the Microsoft allegations, they're not against just Linux. They're also against Open Source projects. Either way they a lot of OSS projects rely on Linux as a platform and development environment. One of the potential issues I see if Linux goes down as "Microsoft Intellectual Property" is that these projects will dry up as no one likes to face litigation from Microsoft. Like when the SAMBA team cried out against Novell and I'm sure the Open Office folks wouldn't be too happy about this.
So you might be able to argue that Linux will still remain free to us somehow but I think it would be severely detrimental if not fatal to the applications that run on top of it.
I'm not a lawyer but I think that if the Linux kernel fell then a lot of the applications that make Linux great would be in immediate danger. I mean, this guy kind of scoffs at Microsoft claiming patent infringement but has he thought what would happen to projects like KDE & Gnome? I wouldn't be afraid of losing Linux but I would be afraid of losing the great applications that either stress interoperability with Windows or mimic functionality of a Windows environment.
My work here is dung.
Software patents are a cancer on modern society and economics and need to die a horrible death. I personaly find software patents immoral and thus I ignore them. I understand it's not as easy for companies like RedHat et al, but I can not see any solution since big companies has more bribe money. Sad.
I can explain it for you, but I can't understand it for you.
The author points to MS's secret codebase. This has nothing to do with patents.
Besides, if MS tries to sue or extort money from someone for use of it's patents, they'd have to specifiy the patents in question, and be sure that these patents would survive being challenged.
I'd say it is cheaper to FUD than to sue.
Never ascribe to malice that which is adequately explained by incompetence.
"Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
Of course, Linux (both the kernel and the user space) "infringes" on many Microsoft's patents, as does just about every piece of software in existence, commercial or open source. How could it not? Microsoft has, after all, obtained patents on things that were published in open source software before Microsoft even filed the patent.
The real questions are whether Linux infringes on any valid Microsoft patents, and whether Microsoft's threats have any legal significance. That seems pretty unlikely: unlike Microsoft, open source developers tend to be scrupulous about avoiding patent infringement. That means that there is going to be no willful infringement and no patent infringement for any key patents. Or, in different words, Microsoft would have a hard time getting anything more than an apology and a quick code change. How they're going to get any business deals out of that, I fail to see.
So, Microsoft, please let us get this over with and start suing.
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.
Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
What truth?
There is no dupe
You got it. I've been saying this over and over and I'm absolutely stunned that there are some people who still don't get it.
You don't even have any choice as to whether or not to ignore software patents. There are hundreds of thousands of them. Then there are several thousand new applications a day. I'll give you a hint. It's impossible.
That's why Microsoft ignores software patents. Even they, the richest company on the planet, have no alternative. And that's also why they're getting hit with a few 9-figure verdicts already. But they still play the game and pretend they're legitimate, because they somehow think they'll benefit, in the end, using them to crush current and potential competition with multi-million legal actions and the threat thereof.
It is mpossible to tell if any piece of code infringes. By the way, have you read many of these things? Almost every line of code does infringe.
Every line written is a ticking patent timebomb. Every player has to ante up and make their own "patent portfolio" which they can then apply against whoever sues them. If that sounds like it excludes everyone but a few rich, dominant corporations... now you're getting the idea. Only minor fly in the ointment: those patent shell companies that actually don't do any work except suing people, therefore can't be hit with a retaliatory claim. Ooops. And yet even after getting whacked by a few, MS is still winking and continuing to play the game. Shows you how much they hate honest competition.
Software Patents are currently ignored by almost everyone. But to the extent they are enforced, they will categorically end the American software industry, and software will continue to be a business in Europe, Asia, and... well basically every other civilized nation, who have soundly rejected this silly game and are by the way laughing their asses off at us.
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First and foremost, copyrights and patents are not property, so don't refer to them as such. But it also leads to confusion like this article.
Okay, it's patents we're talking about, right? Patents are published - that's the whole point of them. They aren't secret.
So what? Their source code is of no use when determining patent infringement, only copyright infringement. So is it copyright infringement we are talking about then?
Patent and copyright violation are two totally different things. Copyright violation would involve somebody with access to Microsoft's source code copying it into Linux - a highly unethical and stupid thing to do. I don't think Linux kernel contributors are likely to be highly unethical and stupid. Patent infringement, on the other hand, can be unintentional - but in this case, his remarks about it being impossible to verify don't apply.
This is a case where the term "IP" as a blanket reference to very different rights is confusing the issue. His arguments don't apply to either because he thinks they are the same thing.
I think it's also worth pointing out Stallman's criticism of the term "Intellectual Property".
Bogtha Bogtha Bogtha
Aren't these ridiculous software patents only valid in the US? How much OSS development is actually done in the US and would that not mean (were this not complete rubbish) that MS could only go after OSS developers in the US only?
Given that most large OSS projects have copyrights held by developers all over the world, how exactly would it be feasable to stop a project if you couldn't go after all of its developers and codebase?
Wouldn't it just be easier for MS to bluster and threaten, all the while knowing they can't realistically do a damn thing?
Considering that the wheel was recently patented in Australia, and that playing with string and parting your hair in a particular way have all been patented, I doubt there is anyone on the face of the planet that doesn't infringe some patent somewhere simply by living. Patents are broken and probably hopelessly so.
Creative Spelling Copyright (2002). May use without Persimmons
From GPL v2:
All direct or derived GPL source is subject to the GPL.
If there are licensing problems with the software, you do not have permission to use or distribute it.
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.
One side effect of any patent attack by Microsoft on Linux would be a large number of technically savvy people looking for reasons why that patent was invalid. There is a precedent for this - when SCO launched their attack, everyone started digging. Given that a large number of patents out their are dubious at best, exposing them to that level of daylight would hurt. The only problem with this is: someone has to pay the lawyers stand up in court and beat Microsoft down. Who? IBM? Red Hat? It won't be Novell.
There is another reason for Microsoft to fight clean, it is the same reason they are careful not to be too unpleasant to Samba - the Industry would take a dim view of Microsoft attempts to torpedo something essential. Linux is essential, as is Windows / Unix interoperability.
Finally, if Microsoft did pull some patent attack, there is a good chance someone would be able to rewrite the code held to be in violation.
Mielipiteet omiani - Opinions personal, facts suspect.