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Ballmer Repeats Threats Against Linux

daria42 writes "Steve Ballmer has reissued Microsoft's patent threat against Linux, warning open-source vendors that they must respect his company's intellectual property. In a no-nonsense presentation to New York financial analysts last week, Microsoft's chief executive said the company's partnership with Novell, which it signed in November 2006, "demonstrated clearly the value of intellectual property, even in the open-source world.""

21 of 470 comments (clear)

  1. I do not get this by Reverse+Gear · · Score: 5, Insightful

    I wonder how Balmer thinks that they are going to sue something that no one owns, that no one made.

    Is he going to sue anyone who uses this?
    Is he going to sue those who hoste the code?

    From the article it seems it is mostly the Linux vendors that Ballmer wants to target.

    The US is, as far as I know, the only country that has implented all these sick software patent laws until now, how are they going to sue a UK based company?

    With the current state of things the worst that could happen is that companies stop using Linux in the US, I don't see how they want to sue anyone based in Europe?
    Would the US government then start supporting Microsoft in trade wars?

    This whole software patent thing is beyond my understanding, I wonder if anyone out there really get the idea behind this?

    1. Re:I do not get this by Anonymous Coward · · Score: 5, Insightful

      There's another name for this technique: "protection money". You don't actually need a reason to request such money, you just need to be strong enough.

    2. Re:I do not get this by Frosty+Piss · · Score: 4, Insightful

      I wonder how Balmer thinks that they are going to sue something that no one owns, that no one made.

      Is he going to sue anyone who uses this?

      Is he going to sue those who hosts the code?

      Yes.

      And, it looks like the EU is starting to move the same direction as the USA with respect to IP laws, so don't think you Europians will get a "walk" on this. Microsoft sees a major crack in their entire philosophy of business, and they will use their finantial advantage to stamp out those who get in their way. Watch out, SCO was just fodder, the real fight is yet to come.

      --
      If you want news from today, you have to come back tomorrow.
    3. Re:I do not get this by Stormwatch · · Score: 4, Insightful

      Nobody will stop using linux because of Balmers idiotic statements. There is no way the company I work for would shell out the $$$$$ necessary to change out linux for Windows Server 2003. The caos company wide would be awful!
      That's not the point. He wants to scare companies away from moving to Linux in the first place.
    4. Re:I do not get this by robyannetta · · Score: 5, Insightful

      I'd love to read Steve Jobs' reply to the "BSD is dying" argument.

      --
      - Just my $0.02, take with a grain of salt, your mileage may vary.
    5. Re:I do not get this by CmdrGravy · · Score: 4, Insightful

      Microsoft is a multinational company, they could sue anyone anywhere. Well they could try but in countries which don't have software patents they're not likely to get very far.
    6. Re:I do not get this by Mick+Ohrberg · · Score: 4, Insightful

      Correct me if I'm wrong, but it does appear that the 'new black' in business philosophy these days is "If I can't out-compete you, I'm going to try to out-litigate you". Then again, business is turning into a spectator sport.

      --

      Quidquid latine dictum sit, altum sonatur.

    7. Re:I do not get this by truthsearch · · Score: 4, Insightful

      This is exactly right. Ballmer is the mob boss threatening to kill you if you don't pay up. The mob boss knows it's bad for business to actually kill everyone who owes you money, because then they can't pay. But Ballmer's words are even less intimidating because everyone knows that if they had any case legally they would have used it by now. Their stock has been relatively flat for more than 5 years and profits were barely higher last year. The only event investors look forward to is new releases of their 2 cash cows. If they actually had IP to leverage they could rake in billions. There's no reason to wait years to do it.

      All of his talk it hot air. He's hoping to convince investors to bump up his stock. That's why he's trying to convince analysts to raise their estimates. Fortunately most seem to be smart enough to wait for an actual significant lawsuit before reporting that MSFT is set to raise a fortune leveraging this IP.

    8. Re:I do not get this by Citizen+of+Earth · · Score: 5, Insightful

      There's no reason to wait years to do it.

      Yes, let's play Global Thermonuclear War.

      One reason that Microsoft doesn't start suing Linux vendors and users is that there are so many trivial software patents around owned by numerous other industry players that they might very well launch a devastating attack on Microsoft. I'm sure that if IBM put effort into it, it could find that Microsoft is violating 1,000 of its patents. And Microsoft would find that IBM is violating 300 of its patents. And the other players launch off their missiles. Industry-wide disaster ensues.

      The only winning move is not to play.

    9. Re:I do not get this by dwandy · · Score: 4, Insightful

      "If I can't out-compete you, I'm going to try to out-litigate you"
      Maybe I just don't see it elsewhere, but it seems that this is an American phenomenon.
      For example, when vehicle emissions standards starting increasing a while back, US automakers hired lobyists to change the law, while the Japanese hired engineers to meet the law.
      One country's cars now meet emissions world wide, and the other makes cars that can't be sold in various markets.

      I know lobbying is not the same as litigating, but imho it's the same mentality: If you can't compete with your product, compete by working the legal system.

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
  2. Details, Ballmer or it ain't so by RichMan · · Score: 5, Insightful

    IBM is still digging into SCO's near corpse to find the detials of SCO's accusations. Which were, are and for ever more shall be totally bogus.

    Ballmer needs to stop saying "they stole our IP" and start citing versions, files, lines and patent numbers. Otherwise Microsoft looks like a bigger SCO. And that is not a pretty picture for a company like Microsoft intends itself to be.

  3. Whatever by TheWoozle · · Score: 5, Insightful

    To: Steve Ballmer

    Dear sir,

    Either file suit against the parties infringing on your precious IP, or SHUT THE FUCK UP.

    Sincerely,
    Everyone

    P.S. - Vista blows donkey balls.

    --
    Insisting on "correct" English is like saying that there is only one, definitive recipe for chili.
  4. Distraction by technomancerX · · Score: 4, Insightful

    Ballmer's Thought Process:

    Hmmm Vista is floundering and we need to distract the press from this and the piracy angle isn't working... what can we do... oh yeah, let's threaten open source, that should distract them.

    Alternately

    Hmmm Vista sales are floundering, and even I'm not stupid enough to really think it's piracy causing it, Hmmmm.... it must be that open source stuff, time to threaten to sue somebody.

    --
    .technomancer
  5. How long ago was it? by kosh · · Score: 5, Insightful

    How long ago was it that Microsoft was complaining that the better product should prevail due to competition and not through litigation in the courts?

    Seems that they are now changing their tune... I'm not surprised...

  6. BSA by wytcld · · Score: 4, Insightful

    Here's the threat. The Business Software Alliance already can come in and audit companies for bootleg copies of Microsoft software. If they've forced their way in to do an audit anyway, and they find "unauthorized copies" of Microsoft-claimed "IP" - which is to say, Linux running - then in the future they can try to levy the same penalties against you as they currently do for running more copies of Office than you can produce licenses for.

    From our perspective, this absolutely has to be stopped. But the BSA already has the legal authority to get in the door in many cases, and once they're looking at your systems for Microsoft wares, they'd better be checking the Linux boxes for Word running under Wine anyway - so checking them for Linux is a minor afterthought.

    --
    "with their freedom lost all virtue lose" - Milton
  7. 20 years stealing, and now this? by boxlight · · Score: 4, Insightful

    Microsoft spent the last 20 years copying ideas from Apple, Netscape, Sun, AOL, Burst, and Google -- and now they have the nerve to complain that Linux looks like Windows??

  8. The threat is real but empty by CodeShark · · Score: 4, Insightful
    Suppose Ballmer et. al manage to isolate some IP, manage to win the case, and then try to sue any company that sells or distributes the offending IP. Could put a serious cash flow dent in a competitor for a short period of time. Assume also that the M$ police can manage to pull an RIAA and threaten any non-corporate entity with a "roll your own" Linux distribution, and spend a hellacious amount of money doing it. An expenditure that probably wouldn't go over real well with the stock holders or market analysts.


    In both cases there would be a brief chilling effect on the competition -- until the offending IP is pulled out of the Linux core and it is recompiled, at which point M$ has nothing. Except that in the mean time they may get hauled back into court for anti-monopoly practices, and that offending the highly intelligent Linux community is about as smart as kicking over a nest of fire ants -- because every major bit of M$ released code will be targeted for suing M$ for their own patent infringing code, etc.


    So Ballmer's threat is akin to a robber pulling a gun in a doughnut shop only to discover that he is surrounded by a room full of well-armed, motivated policeman who would like nothing more than to put his sorry a$$ back where it belongs. We all know this, and M$ knows it as well. But so long as he can sell a few more copies of Vista, XP, etc. Ballmer has little to lose by acting the bully in the mean time.

    --
    ...Open Source isn't the only answer -- but it's almost always a better value than the alternatives...
    1. Re:The threat is real but empty by remmelt · · Score: 4, Insightful

      I agree with your statement, but:

      > until the offending IP is pulled out of the Linux core

      remember that when we're talking about a software PATENT, it's not the implementation that is patented, it's the idea. Simplified, if MS would hold the patent on "interfacing with a magnetic data carrier", Linux couldn't be able to have code that saves stuff on a disk, because that's what the patent covers. It's not the actual code that was stolen/borrowed, it's the idea of "interfacing with a magnetic data carrier" that cannot be implemented in any way without licensing the idea from the patent's owner.

      Now you can see why software patents are bullshit.

  9. Sabre rattling by slofstra · · Score: 5, Insightful

    This sabre rattling against Linux has potential adverse effects for the entire economy, if Microsoft is able to push Windows into every corner. Windows is just terrible in certain situations, such as ATMs and aruably, pocket PCs and handheld devices. Perhaps the government should be looking into anti-trust; we need to see competition in the market place for operating systems.

  10. Why is a lawsuit war a disaster? by Livius · · Score: 5, Insightful

    If the bloated corporations abusing intellectual property law started suing each other into bankrupcy, the downside would be... what, exactly?

  11. Remember, the Zune is named after Creative's Zen. by Futurepower(R) · · Score: 4, Insightful

    I agree, Ballmer is a bully. Ballmer has taken his ignorant behavior to an extreme, in my opinion: He is a prime example of someone who lacks social skills and technical insight, who can only survive in a technical world by being adversarial toward those who would rather not have a fight.

    Don't forget: Microsoft's Zune music player is named after Creative's excellent Zen Player. Aside from being morally criminal to infringe on someone else's intellectual property, it's just mean.

    If the world were technically knowledgeable enough not to be locked into Microsoft's file formats and virtual OS monopoly, and other adversarial behavior, Microsoft could not make a profit.