Microsoft Says Free Software Violates 235 Patents

prostoalex writes "Microsoft told Fortune magazine that various free software products violate at least 235 patents, and it's time to expect users of this software to pay up patent licensing royalties: 'Microsoft General Counsel Brad Smith and licensing chief Horacio Gutierrez sat down with Fortune recently to map out their strategy for getting FOSS users to pay royalties. Revealing the precise figure for the first time, they state that FOSS infringes on no fewer than 235 Microsoft patents.'"

Comments

Re:The big problem is that...

[eric76]

35 U.S.C. 271 Infringement of patent.

(a) Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States, or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.

Note the word "uses". That means that if you use a device that is in violation of a patent, you could be found liable for that use.

The patent owner can go after the manufacturer of a device infringing his patent, those selling or offering the device for sale, and the end users.

As I understand it, they couldn't generally collect from everyone involved because that would be double or triple dipping. For example, if the manufacturer settles, then that makes the patent owner whole and absolves the others.

Re:The big problem is that...

[AJWM]

they couldn't generally collect from everyone involved because that would be double or triple dipping. For example, if the manufacturer settles, then that makes the patent owner whole and absolves the others.

That depends entirely on the nature of the settlement. There was a case few years ago where Timeline settled with Microsoft (some database technology issue), then announced that the deal with Microsoft did not cover end users -- and the courts agreed.

Re:cAjones != cOjones

[swillden]

I had seen the spelling 'cajones' on furniture, and had imputed that it meant 'drawers'.

Both are right. "Cajón" is the augmented form of "caja", which is box, so it literally means "large box". However, spanish speakers don't really use it that way, if they want to describe a large box they'd say "caja grande", the word "cajón" is really only used for medium to large drawers. Small drawers, like those on a jewelry box or some such, are called by the diminutive form "cajita".

The various modifier suffixes that can be placed on nouns is one of the coolest features of spanish, IMO. -ón (big), -ote (even bigger), -ito (small, cute, precise), -ejo (big and ugly) ... and others that I can't think of at the moment. You can make nice words like "cojoncitos" and "cojonejos", and there are thousands of really awful puns that can be constructed by noting that one word with a suffix sounds the same (or close to the same) as another word. Spanish is a great language.