Open-Source ID Project Awaits Microsoft's Blessing
An anonymous reader writes to mention that an open-source alternative to Microsoft's CardSpace tool has been on hold for months while they await patent blessing from the Redmond software giant. "While CardSpace is available on Windows, one goal of the Higgins project is to cover other operating systems. Higgins wants to offer an open-source alternative that works on Windows and on alternatives such as Linux and Mac OS X. The application would work similarly to CardSpace."
and reap the PR bonanza if you should get sued.
Never mind waiting for an ok on a patent license, I waited for over a year for
Fraunhofer/Thomson to get of their asses but unless you are hitachi or so they
will simply ignore you.
MP3 Search Engine
One thing that is not clear to me is whether these "promises" not to sue on various patents have any legal standing. IANAL so perhaps there is some principle of "public statement of intent" that would contrain their actions, but with no signed contract or agreement in place not to sue couldn't a management change bring about a new policy on those patents?
I think the MAD principle is still what's holding back a patent war in the US (plus a hot and heavy patent fight harmful to the industry might spur software patent reform) and I can't see why Microsoft, as a corporate entity, should be trusted in the least.
Plus, the principle of legal intimidation is still all that is really needed here, not actual victory in a patent case - most open source projects don't have the resources to defend themselves from even a non-valid challenge. That's why MAD is effective where even legal safety might not be - sort of a "don't beat up on the weak kid or you'll start a brawl" effect.
The problem with open source in a legal sense (at least in the US) is that open source volunteer projects need some condition where they CAN'T be sued, and as I understand it that simply isn't possible under the US legal system where anyone can sue anyone else for anything. The suit may not be valid but until that's decided it can go ahead in any case and the accused MUST respond or risk a default judgement against them. Patents make being on unshakable ground impossible in general for anything nontrivial, and once a project is deprived of the ability to assume an absolutly invulnerable position (except not doing the project) the waters get murky fast.
"I object to doing things that computers can do." -- Olin Shivers, lispers.org
What's the difference between the Higgins project and OpenID?
Colin Dean Go a year without DRM
Why do i get a feeling they wont ever get it, and this is just the beginning.
---- Booth was a patriot ----