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Microsoft, Sue Me First
corigo writes "Supporters of free and open source solutions have thrown down the gauntlet at Microsoft's feet. Christian Einfeldt of Digital Tipping Point says 'Sue Me First,' and he's not alone. More and more people are signing up and challenging Microsoft to put their lawyers where their mouth is. The open source community is far from running scared. Will Microsoft step up to the plate, or are they just continuing a scare campaign with no real ability to leverage the patents they claim open source is infringing?"
If MS had strong infringement claims, they would have named them years ago. The fact they're pulling a SCO-esque FUD campaign means that these supposed infringements are questionable at best, and can be challenged, at which point prior art will probably be found. If not, they can be coded around. In all cases, MS is pretty much spent once it's named these supposed infringements, which is why they won't do so publically. Their strategy is a combination of public FUD and private protection-money shakedowns. Calling their bluff is exactly the right thing to do.
(I'm looking at OLTP, because that's a worldwide non-Microsoft venture that could seriously dent Microsoft revenue in growing markets and because it's the biggest event due any time soon. Microsoft's FUD is generally not random but very purposeful and has a specific goal in mind. There simply isn't another goal on a comparable scale on any kind of near-term timeframe.)
There are a few other avenues that Linux could be doing well in, but Microsoft is growing faster in the server market despite inferior performance, reliability or security, and that's the only other area Linux and Microsoft have any serious rivalry at this time. Linux could be doing well on the desktop, but not while it is playing catch-up. It would have to invent a whole new metaphor before it could seriously threaten Microsoft in the home market.
It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
"I AM SPARTACUS!!!"
Let's see whether Microsoft runs out of cruciforms first or the Open Source community runs out of people first.
It's on.
Actually, I think this is great. People standing up and telling Microsoft to shove it.
For too long Microsoft has bullied and intimidated. They have monopolized, stolen code (remember the Stacker lawsuit?), and tried to dominate the entire world. Sadly, they did pretty well at it.
But now, Linux is, IMHO, ready for the general user and the common desktop. It doesn't require the skills that it once did thanks to Gnome and KDE. For most people, web browsing, reading e-mail, and processing word documents, spreadsheets, and presentations, Linux looks and feels pretty damn close to Windows - but has added enhancements, has better security, and is far cheaper to own.
I'm sure these latest developments, with Dell offering Ubuntu, Vista being bad-mouthed by gamers and office users alike, and open sourcers far and wide mocking Microsoft and it's chair-throwing flunkie, Bill and company are just a wee tad worried.
This may sound like a troll, but it really is not: in my opinion, Linux enthusiasts crying, "sue me first!" creates in the mind of traditional business people the idea that such enthusiasts are risk-seeking. Not everyone wants to be associated with a risk-seeker.
On the other hand, if Linux just sat back and let Microsoft dish out the patent threats, companies might not want to be associated with the threat of lawsuits. Damned if they do, damned if they don't, basically.
At least this way, Linux is trying to head the FUD off at the pass, before real damage can be done. And if I was a decision maker, I'd view it as a mark of confidence in a product if they're willing to stand up to Microsoft.
1) Demand the business or government body to disclose copies of the anti virus logs for all of their desktops and laptops.
2) Generate a list of all the malware that
a) was cleaned up post infection ( the malware was actually executed and run ) AND
b) exploited vulnerabilities in Microsoft applications and operating system prior to an update fix being made available by Microsoft.
In comparison to MacOSX or Linux based desktop, Microsoft's desktop operating systems and Microsoft's desktop applications face a disproportionally higher risk of being "infected" with hostile malware. Just relying on third party Antivirus software to prop up a Microsoft flagging security record in no way puts you any closer to the level of security that a switch to another vendors desktop platform can provide. ( Just updating to Vista is no guarantee of better security in comparison to another vendors platform )
A business or government body is not taking due care with the private information they hold on the public if they continue to use Microsoft desktop OS environments or Microsoft desktop applications. That is your credit card data, banking details , health care info and social security information. If switching to Linux or MacOSX based desktops would greatly reduce the risk of further intrusion why should not organizations be "encouraged" to make the move.
If anyone's customers are at greater risk of being sued it is Microsoft's own customers that face the greatest risk.
Yes, it's the Holocaust all over again.
That's an offensively stupid comparison you've got there. Try a car analogy.
Sent from the iPad I found in your car.
Hey, dontcha just love the Microsoft PR machine!!! Here we are on Slashdot, talking about Microsoft's PR prowess, and Microsoft is kind enough to come along and give us a demonstration! On my screen, I am seeing advertisements for a kinder, gentler Microsoft, one that makes a donation to some unknown charity every time you use Microsoft IM. Oh, that's so sweet and cuddly! Just ignore those patent threats, boys and girls! We didn't mean any harm!
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This is exactly my point, and it's why I offered to have Microsoft sue me. Microsoft is doing an excellent job of PR, and we need to draw public attention to two basic facts: 1) Microsoft's patent claims are unmeritorious; and 2) Microsoft is making vague patent threats because self-censorship is cheaper and more powerful than filing patent infringement lawsuits that only work in the US, if they work at all.
If you are not seeing the kinder, gentler IM donations on your screen, you can see them here on the Digital Tipping Point Flickr account, at least until Microsoft buys Yahoo, at which point you will see them only on our Google Picasa account:
http://www.flickr.com/photos/49947835@N00/5088135
http://www.flickr.com/photos/49947835@N00/5088135
http://www.flickr.com/photos/49947835@N00/5087770
http://www.flickr.com/photos/49947835@N00/5087826
Note to Microsoft counsel Brad Smith, Esq.: If you need documentary proof for your trial against me that I use Ubuntu GNU Linux, you can use this screenshot, which I am hereby vouching is a true and accurate shot depicting my Edgy Ubuntu desktop which, coincidentally, I am using to produce the Digital Tipping Point film. Among other things, the DTP film will suggest that Microsoft, like RCA and IBM before it, is facing an "innovator's dilemma" that will disrupt its current monopolistic business model. The funny thing is that the same market forces that propelled Microsoft to hammer IBM is now going to help IBM return the favor, this time using GNU Linux and OpenOffice.org. But I guess you knew that already, Sir Brad, because that is why you have been filing patents. You once worked at IBM. You learned well. Here is that proof you will want if you ever do file a case against me:
http://www.flickr.com/photos/49947835@N00/5087826
As the sixth person to sign up on that list, I'm not scared in the least if that was Microsoft's reaction. What would happen if Microsoft tried to sue us and won? Court precedent would be set giving them leverage to sue Google, Apple, HP, Sun, IBM, all the big dogs that are using open source software. The moment Microsoft tries to sue one or all of us, the above companies would step in for a few reasons: 1. They can nip this thing in the bud rather than letting harmful court precedent get set against them. 2. They get to look like the heroes of the little guy and make Microsoft look like a jackass bully in the process. GREAT PR. 3. Microsoft just plain doesn't have a case in this one. Easy win. This challenge can't lose. If Microsoft ignores it they're shown to be the liars and bluffers that they are. If Microsoft takes the bait they get smacked down publicly.