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Microsoft Too Busy To Name Linux Patents?

bob_dinosaur writes "According to The Register, Microsoft's Patent Attorney Jim Markwith told the Open Source Business Conference that the reason they hadn't named the supposedly infringing patents was that it would be 'administratively impossible to keep up' with the list. 'According to Ramji, the executive tasked with the difficult job of straddling Microsoft's growing support for open source in server and tools, and aggressive and unpredictable statements from management on patents, made a jaw dropping attempt to explain away the Forbes article. "The reason we disclosed that, is because there was a request for transparency following the Novell deal Iast November. This was a response to that transparency," Ramji said. It was at that point the OSBC audience erupted.'" That transparency apparently extends to multiple levels. ZDNet is reporting that Novell will share the details of its agreement with Microsoft sometime in the near future.

236 comments

  1. Administratively impossible? by symbolic · · Score: 4, Insightful

    Try physically impossible. You can't list what isn't there.

    1. Re:Administratively impossible? by bobo+mahoney · · Score: 1

      I would love to see the MS patent list. I bet there are patents in that that cover just about every aspect of computing. That does not mean that they are enforceable, but I bet they do have some that Linux encroaches upon.

      --
      Bobo Mahoney
    2. Re:Administratively impossible? by bedonnant · · Score: 5, Insightful

      it seems suspicious that they can count them, yet cannot identify them. "yes, 235 of them, but we have no idea which ones, and where they are. it would be too difficult to find out." yeah right.

      --
      ~~~ Paf. Le chien.
    3. Re:Administratively impossible? by Frosty+Piss · · Score: 4, Interesting

      Try physically impossible. You can't list what isn't there.

      Linux and other Open Source software projects almost unquestionably transgress patents owned both by Microsoft and others. This is not the real issue. The real question is, are these patents defensible? Or would they fall due to "prior art" or other well known / common patent flaws? And, if Microsoft and other patent holders revealed OSS patent transgression, would there be practical work arounds? Probably many of the patents would fail if challenged.

      One reason Microsoft and other patent holders might not want to reveal the specific patents is that the OSS movement will challenge them rather than licene them, while many commercial groups will be inclined to do the opposite, license them and pay the patent holders a fee.

      --
      If you want news from today, you have to come back tomorrow.
    4. Re:Administratively impossible? by Reverend528 · · Score: 5, Funny

      You can't list what isn't there.
      Sure I can:
      • Unicorns
      • Fairies
      • Leprechauns
      • Valid Software Patents
    5. Re:Administratively impossible? by frosty_tsm · · Score: 1

      Any geek knows that select (count *) is faster than select *...

    6. Re:Administratively impossible? by Interested+Bystander · · Score: 2, Insightful

      So this would be a case of "Ignore the man behind the curtain?"

      --
      If I was deep this is would be profound, if smart then wise, if a poet then verse. Here it is, you judge!
    7. Re:Administratively impossible? by hcdejong · · Score: 5, Funny

      Maybe it started like this:

      NOOOOoooobody expects the Ballmer Inquisition! Our chief weapon is patent nr 1,563,245...1,563,245 and 934,189...934,189 and 1,563,245.... Our two weapons are 934,189 and 1,563,245...and 2,100,003.... Our *three* weapons are patents nr 934,189, 1,563,245, and 2,100,003...and 2,100,004.... Our *four*...no... *Amongst* our weapons.... Amongst our weaponry...are such patents as 934,189, 1,563,245.... I'll come in again.

    8. Re:Administratively impossible? by Tuoqui · · Score: 1

      You know why that is? They made the number up! Quick someone patent the number 235 before they use it in a lawsuit!

      --
      09F911029D74E35BD84156C5635688C0
      +2 Troll is Slashdot's way of saying groupthink is confused
    9. Re:Administratively impossible? by jstretch78 · · Score: 2, Funny

      Its not suspicious at all, I do the same thing with the tasks assigned to me in the bug tracker.

    10. Re:Administratively impossible? by Anonymous Coward · · Score: 0

      I'm a level 30 Leprechaun you insensitive clod!

    11. Re:Administratively impossible? by erroneus · · Score: 1

      There is an impossibly long list of things that Microsoft says is impossible to do... most of those have been done. People have done some pretty impossible things like removing MSIE from the OS, shrinking WindowsXP down to Win95 size and all sort of interesting impossible things.

      Now if Microsoft said that listing the bugs in the OS was administratively impossible, I would believe that. But they are citing a very specific number of infringement and had the count broken down into specific areas with specific counts in each. If they have the numbers, they have the claim for each counted item. Would it be too simple for me to say they are just lying?

    12. Re:Administratively impossible? by danbert8 · · Score: 1

      Wait... Leprechauns don't exist?!?!?!? There goes my retirement plan of stealing their gold.

      --
      Yes it's an anecdote! Were you expecting original research in a Slashdot comment?
    13. Re:Administratively impossible? by CantStopDancing · · Score: 3, Funny

      And most geeks know the correct form would be select count(id) (select count(*) is slower, and your syntax is wrong)

      --
      I'm running a pirated copy of Linux.
    14. Re:Administratively impossible? by Anonymous Coward · · Score: 0

      You can't list what isn't there.
      Actually, they probably are. Microsoft holds many, many patents. Last time I checked it was something like 6000-7000 and that's just the issued ones (they have at least a couple of hundred pending at any given time, and I think they apply for something like 20-50 per day). Microsoft's primary source of revenue has always been operating systems so I wouldn't be surprised if a number of them involves techniques used in the Linux kernel.

      That being said, are they enforcable? I seriously doubt it. There is prior art up the wazoo as far as kernels are concerned and very little new is invented in that particular area (although virtualization might be something of a concern, Microsoft has applied for a whole bunch of patents in that area recently and Linux is just getting started).

      It's the threat of a lawsuit that makes software patents valuable in this case, so having them overturned by the open source community would be really bad for Microsoft. Also, because the patents may apply to Linux it's also likely that they could apply to other Unices - like proprietary ones - owned by companies with deep pockets. I don't think Microsoft has any intention to show the list to the community. No, they just want to scare vendors to the negotiation table so thay can do their extortion thing behind closed doors.

      I'm speculating mostly, but I don't think I'm far off.
    15. Re:Administratively impossible? by JohnnyGTO · · Score: 1

      OOOOOh that would make such a beautiful SIG :-)

      --
      Si vis pacem, para bellum! For evil to succeed good men need only do nothing!
    16. Re:Administratively impossible? by frosty_tsm · · Score: 1

      Apparently I'm not in that group. Whoops.

    17. Re:Administratively impossible? by Ucklak · · Score: 1

      As I'm sure that Microsoft has encroached upon some patents of Apple, IBM, Xerox, Edison, etc....

      --
      if you steal from one source, that is plagiarism, if you steal from many, well, that's just research.
    18. Re:Administratively impossible? by SadGeekHermit · · Score: 1

      No, no, no...

      Microsoft will get around to filling out the list when Ballmer's done with his dance classes. He's planning on announcing the patent list during an interperetive dance session at one of their conferences. To be honest, he's still smarting over the whole "monkeyboy" thing, and intends to show everybody that he CAN dance. Bill is, as ever, supportive.

      It's about priorities, people!

      --
      NO CARRIER
    19. Re:Administratively impossible? by div_2n · · Score: 2, Informative

      Even better is the fact that there are a mountain of patents* that could (and would) be used to assault Microsoft back to the stone age if they fired a shot at Linux and/or OSS. There are a large number of companies that stand to lost considerably if Microsoft wins any sort of patent war on Linux and OSS.

      *The real kind of mountain and not the Darl McBride version of a mountain.

    20. Re:Administratively impossible? by tzot · · Score: 2, Funny

      Come on, Frosty. Admit the truth: you work at Microsoft, and you're the one everyone expects the patent list from.

      --
      I speak England very best
    21. Re:Administratively impossible? by idontgno · · Score: 2, Insightful
      Odd. My Oracle instance is complaining that ID is an unknown identifier.

      Now, if you know the table structure, and ID is a valid column name... OK, I buy it. But this is Microsoft! "count(*)" works even if you have no idea of the row structure, which is precisely where Microsoft is.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    22. Re:Administratively impossible? by Thinman · · Score: 1

      Doesn't sound like the million of infringin code of SCO?

    23. Re:Administratively impossible? by billcopc · · Score: 1

      IANAL (nor do I care), but "software patents" weren't accepted by the USPTO until 1981. A lot of the stuff Microsoft (and Apple) ripped off was from the late 70's, open season for IP theft back then.

      --
      -Billco, Fnarg.com
    24. Re:Administratively impossible? by BuckaBooBob · · Score: 1

      LOL Thats is soo true.. They have to know to come up with a number in the first place.. But it is Microsoft.. Maybe the version of office they are running has enough bugs that it has rendered cut and paste too time consuming to use.

      --
      Who needs WiFi when we can have Packet Over Sheep! http://datacomm.org/PoS-InternetDraft.txt
    25. Re:Administratively impossible? by twistedcubic · · Score: 2, Informative

      "(although virtualization might be something of a concern, Microsoft has applied for a whole bunch of patents in that area recently and Linux is just getting started)"

      Like this one?
      http://www.google.com/patents?id=pY0LAAAAEBAJ&dq=m icrosoft+virtualization
      They patented something that already existed at the time. Just do a Google patent search for "Microsoft" and "virtualization" and see there's nothing to fear. I'm kind of embarassed for them that all of these patents seem bogus. Curiously, one of the virtualization patents includes mention of a "DOS-based" operating system. I wonder if "Linux-based" operating system is similar enough to infringe :) Seems like either their lawyers made a mistake, or they were worried about someone creating virtualization software for Windows. VMware obviously infringes on most of Microsoft's virtualization patents. I wonder if they have an agreement.

    26. Re:Administratively impossible? by iminplaya · · Score: 1

      I have recently discovered that the "dir" command in a DOS window is much faster than "Search" in XP.

      So maybe

      C:\>dir *patents*.* /a/s

      might work for them? They would need to to use the "a" switch because, chances are, the files are hidden.

      --
      What?
    27. Re:Administratively impossible? by Anonymous Coward · · Score: 0

      That would be called "prior art", also invalidates patents, whether the prior art was patented or not.

    28. Re:Administratively impossible? by Skevin · · Score: 1

      > I'm running a pirated copy of Linux.

      SCO is still around?

      --
      "Twice half-assed makes an ass whole." --Solomon K. Chang
    29. Re:Administratively impossible? by nschubach · · Score: 1

      I was under the impression that MSSQL will treat them the same when it processes. Now, doing a SELECT * will force SQL to reach out for the column names, then retrieve the results, but the difference between COUNT(*) and COUNT(column_name) was pretty much moot. I haven't touched any of our SQL servers much recently, but when I was it was pretty much determined that the difference is either non-existent or damn near close to nothing.

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    30. Re:Administratively impossible? by HermMunster · · Score: 2, Insightful

      No, the real question is whether Microsoft will get away with extorting patents out of others with these indefensible patent lies.

      Microsoft has been stealing IP, and now some very important cases are over and they find themselves on the loosing end of the stick. They still need to steal the patents to keep up since they are not innovative themselves. What they were doing is outright stealing patents and hoping they'd be able to win in court.

      Patents cross-licensing are like a web that criss-crosses the globe. Everyone does it. Open source is the exception. The initiative that Novell co-founded with IBM and others is designed to allow patent exchange and to help protect those participating from patent lawsuits. Microsoft is one of the boys that aren't allowed to play the game. Microsoft is the shunned rich kid bully being beat up by a group of Boston Southies. They aren't going to get into the gang no matter how much they threaten the Southies with their money. They are just going to get beat up more.

      This initiative was somewhat thwarted by the agreement of Novell and Microsoft. It effectively gave them a lot of patents without having to even give back to the open source community. This isn't to say that they were taking the open source patents from Novell; it is that they were trying to divide and conquer.

      So, this group of companies holds patents that Microsoft wants and needs to stay in the game. The GPL v3 doesn't prohibit them from entering into such an agreement, it just makes impossible to indemnify ONLY a subset of the open source arena.

      Microsoft wants the patents because they've been loosing in court when they outright steal them. They are not telling anyone what the violations are because they are like the rich kid who says "it's my chessboard so I am the only one that can know which moves are legal. If you break a rule you loose the game."

      Microsoft is like a big Oil company that says that if you use the gasoline of one of its competitors you could be sued, and in fact, anyone, including the manufacturer of the cars, can be sued. They say this because the competing Oil companies may have used some of their IP when they refine gasoline. What they are not telling anyone is which portion of the refinery process is in question and are not providing a way to allow the competing oil companies to change their refinery process or even to challenge that IP they claim is violated.

      Bringing that down to real world terms shows how ridiculous their claim is. You are a thief, you have stolen from them, but they won't tell you what you stole nor give you a chance to correct yourself rather than continue to perform that alleged theft.

      Someone suggested a few days ago that everyone that is an open source developer send a certified letter to Microsoft demanding to know exactly which IP was in violation. If Microsoft disregards the letters then they provide a good affirmative defense. If Microsoft does respond then we'll know exactly what to do to stop, or we can challenge the claims. Either way Microsoft is overwhelmed with paperwork.

      If you decide to send the certified letter you should set a date by which they must respond to you. That will ensure that you tried, you gave them a reasonable amount of time, and they did not provide you with a way to resolve the issue.

      --
      You can lead a man with reason but you can't make him think.
    31. Re:Administratively impossible? by dbIII · · Score: 1

      Examples come from the top - think of those sixteen thousand weapons of mass destruction sites - putting numbers on fantasy. I think we live in an age of utter bullshit which may choke us to death if we believe too much of it.

    32. Re:Administratively impossible? by HermMunster · · Score: 1

      NOT TO MENTION the US Supreme Court seriously changed the rules in determining "prior art" and "obviousness". Previously the determination was made narrowly about the patent technology being claimed. What the court did was do away with that narrow examination and made other works related to the patent even if they are in other fields come into question as to whether someone could obviously decide that piece Y should follow piece X.

      This is an incredibly important change that few people have even considered in this whole affair. Also, it is clear that any prior patents can now be challenged based on these changes.

      This means that prior art and obviousness will come into play in software patents in a HUGE HUGE HUGE way.

      --
      You can lead a man with reason but you can't make him think.
    33. Re:Administratively impossible? by Anonymous Coward · · Score: 0

      If you want to stamp around hyperventilating like an irrational Fan Boy, go right ahead. People that matter will take you as seriously as they take RMS, which is to say not at all.

    34. Re:Administratively impossible? by ydra2 · · Score: 1

      I keep seeing guys like you say "Linux and other Open Source software projects almost unquestionably transgress patents owned both by Microsoft and others." but I never see you name a single patent. Whats going on here? Is it just a "mountain of patents" or is it some real patents that have patent numbers? Look, all we want is just a single example of one patent infringment! Is that so hard if you have the evidence? Just tell us one single patent that Linux infringes. C'mon, it's not that hard. You type in a 64 digit license key just to install Microsoft, what's so hard about typing a 9 digit patent number. You can't even come up with one, or maybe they don't exist. Maybe all those patents are safely tucked away in Gregory Blepp's briefcase. But seriously, why not just give us one tiny example? What's the matter, cat got your tounge, or did the dog eat it? C'mon, we're anxiously waiting for your answer. And it'd better be good because we're going to taunt you some more and fart in your general direction if it isn't.

    35. Re:Administratively impossible? by mpe · · Score: 1

      it seems suspicious that they can count them, yet cannot identify them. "yes, 235 of them, but we have no idea which ones, and where they are. it would be too difficult to find out." yeah right.

      Rather difficult to sue anyone on that basis. Together with a good chance of Microsoft getting sucessfully countersued.

    36. Re:Administratively impossible? by mpe · · Score: 1

      Linux and other Open Source software projects almost unquestionably transgress patents owned both by Microsoft and others. This is not the real issue. The real question is, are these patents defensible?

      It's probably best to wait until Microsoft can be bothered to enumerate what they think are the patents and violations are. Worst case senario would for someone to discover something serious Microsoft havn't thought of.

      Or would they fall due to "prior art" or other well known / common patent flaws?

      Including cases where the OSS code actually is the prior art.

    37. Re:Administratively impossible? by sumdumass · · Score: 1

      So far any company effected by selling open source could claim Microsoft is slandering their good name by making accusations of infringing IP they supposedly own inside the open source products they sell.

      This isn't likely to do more then force microsoft to admit it made this up or actually show the IP it is laying claim to. I would expect they would show something and would then go into suit over them claiming they are protecting themselves.

      I suggest anyone doing this, do so with the opinion of it is a trap and that trap is to get around other publicly stated policies like the patents are defensive only and such. My understanding is that there is little legal difference in slandering your name as in the company name or slandering the products you sell. Then we have some fair/unfair competition laws in various states too were you have to substantiate claims against products sold by competitors.

      Microsoft can be sued into making it's case, but the fallout might be worse. I seriously don't think the FOSS community should allow this fud to go on. I'm certain that if there are violations, it can be fixed and that the community would jump over each other getting the job done. What I don't understand is why they allowed th Novel ordeal to play out like it was and why they continue to allow MS to make claims it doesn't want to support. It seems obvious to me they are doing it to discourage companies from adopting OSS products in an attempt to force them to use their VISTA platforms that aren't being accepted easily. Right now, nothing could be more prime for the adoption of linux or F/OSS in general and microsoft knows it. But then maybe the FOSS people are afraid of success and want to remain the struggling people who are always beat down by the evil corporation.

    38. Re:Administratively impossible? by sumdumass · · Score: 1

      One reason Microsoft and other patent holders might not want to reveal the specific patents is that the OSS movement will challenge them rather than licene them, while many commercial groups will be inclined to do the opposite, license them and pay the patent holders a fee.
      Well, here is another reason/s. And it has to do with the GPLv3. This is mostly a wild conspiracy theory based on observations, Expecting the worse from Microsoft and what I would do if I was presented with the same problem. Now, don't get facts confused because this is an elaborate conspiracy that has an absolute chance of happening.

      So microsoft has this problem with open source software finally competing with it in a way they they have to spend more money to develop their products to keep people interested in them. Because of past court actions, they cannot actually force or strong arm people into not using OSS or participating in the development of them. SO what are they to do, they at first attempt to create a safe distro were you could buy a support contract that gives you rights to every piece of MS's ip. Then make some statements to scare people into only using that version and buying their contracts. But the fall out has presented them with something else more valuable.

      So the GPL makes it an issue of you are party to an agreement that protect you and your immediate customers from any infringement of IP on the covered product but doesn't extend this protection to their downstream customers. Microsoft continues making these claims, threatens a few lawsuits, maybe even starts one to find they have a SuSe support contract then backs off to show how safe they are. The GPLv3 becomes final and microsoft decided to sell a similar protection plan to everyone willing to pay them a small fee. Well, companies snatch this up because a $200 site license is cheaper then the legal expenses of defending against one of these lawsuits. Now those companies are barred from participating in any GPLv3 project or from using those projects.

      So we have companies removed from the list of trouble makers for Microsoft. Now, what if they add this license to ever license for a windows operating system? When you buy a new computer and keep your windows for whatever reason, you are now in violation of the GPLv3 and are excluded from participating or using it. SO most users are no longer trouble makers for microsoft now. And the people who still are, will be far and few in between because the vast majority of people have now become Novell.

      And the brilience of the plan is that Microsoft is the good guy in this. They are the ones giving you the ability to use what they claim is theirs while the GPL is the problem stopping you from using and or participating in the FOSS/GPLv3 projects legally. And when Novell or some other company continues to use GPLv3 software and the FSF takes them to task, they claim it isn't being enforce on anyone else, blah,blah,blah, and the GPL is damaged in the process.

      I'm not sure this is going to happen, But I am sure it wouldn't be too hard for it to happen. I firmly believe the only reasons for the patent or ip claims are to guide companies away from using FOSS products as a replacement for MS products. Novell was a tool and probably didn't know any different and are caught in the middle.

      Again, this was a wild conspiracy but it doesn't take much imagination to figure out were the road is going when it is laid out and already paved. If they don't reveal anything about the IP, everything is still subject and people or companies will see buying into the deals as a viable alternative/safety net. It allows microsoft to eliminate a competitor by the competitors actions and give them an overall impression of being good. Could you imagine the impressions people will have when your complaint about OSS being dead or dying is because Microsoft gave users the right to use it's IP in other products if it wasn't intentionally added? What an outrage!
    39. Re:Administratively impossible? by jsolan · · Score: 1

      of course you could just do select count(1)

    40. Re:Administratively impossible? by kimvette · · Score: 1

      If they take their break from spreading FUD for a few hours, they'd have the time to publish the list. I mean, they had the time to analyze Linux and other open-source code, review their patent portfolio, and discover the alleged infringements, right? What will two or three more hours effort to publish the list hurt?

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    41. Re:Administratively impossible? by dwpro · · Score: 1

      why not just use select count(1) from your_table and be done with it.

      --
      Millions long for immortality who do not know what to do with themselves on a rainy Sunday afternoon. -- Susan Ertz
    42. Re:Administratively impossible? by dark_knight_ita · · Score: 1

      Really, they have the list. The only problem is that, when accessing the data, their DBMS fails with a "Out of memory" error, hanging the whole OS. Guess what...

    43. Re:Administratively impossible? by GWBasic · · Score: 1

      Linux and other Open Source software projects almost unquestionably transgress patents owned both by Microsoft and others. This is not the real issue. The real question is, are these patents defensible? Or would they fall due to "prior art" or other well known / common patent flaws? And, if Microsoft and other patent holders revealed OSS patent transgression, would there be practical work arounds? Probably many of the patents would fail if challenged. One reason Microsoft and other patent holders might not want to reveal the specific patents is that the OSS movement will challenge them rather than licene them, while many commercial groups will be inclined to do the opposite, license them and pay the patent holders a fee.

      My guess with regard to the patent issue is that this is a defensive move to create a gentleman's agreement. Specifically, I get the impression that they're only going to use their patents against people who use patents against them. Thus, if they get hit by a patent troll, they'll hit the troll with enough patents to make the troll back down.

      Of course, I could be wrong.

    44. Re:Administratively impossible? by Anonymous Coward · · Score: 0

      Amongst our weaponry...are such patents as

      "are such diverse patents as".

    45. Re:Administratively impossible? by Anonymous Coward · · Score: 0

      any company effected by selling open source

      "affected".

      making it's case

      "its".

      who are always beat down

      "beaten".

    46. Re:Administratively impossible? by synopticview · · Score: 1

      I went to the USPTO web site, entered "Microsoft" as assignee, and got 6744 hits.

      Their latest patent is 7,222,341 "Method and system for processing software dependencies in management of software packages".

      Part of the description in that patent reads, "However, current methods of software distribution over a network do not fully exploit the benefits. Existing distribution of platform-specific, or "native code," software relies on installation file formats that are hard to create, not extensible, and specific to a particular operating system. Although most current software is written in modules, there is no current mechanism that handles the situation where one component in a software program requires the presence of another to operate. If a user downloads software from a Web page, the user may discover that the program requires an external library which necessitates another network session to download, assuming the user can find the right location, and then the user must manually install the library before installing the software. "

      I am far from an expert, but isn't this what Red Carpet, urpmi, Red Hat's updater, FreeBSD's various ports and packages schemes and other such package and provisioning software all do? At least part of the patent appears to be aimed against Java and its write once run anywhere claims.

      By the way, the patent contains material that is copyrighted, so it is not clear to me how much of this public document can even be quoted.

      Finally, the patent appears to be based on an application originally filed in 1996, probably by a business entity other than Microsoft...

      Is there some deep aspect of this patent that I am missing? Of the 6744 patents granted to Microsoft so far, where do the 235 or so possibly infringing patents fit? Is this patent one of them?

    47. Re:Administratively impossible? by CantStopDancing · · Score: 1

      That's why I said 'correct form' not 'correct command' :)

      --
      I'm running a pirated copy of Linux.
  2. Hwhat? by Adambomb · · Score: 5, Insightful

    'administratively impossible to keep up' with the list And yet it was NOT administratively impossible for them to verify that said patents were being infringed upon? Does ANYONE actually think that makes any sense whatsoever? Any patent lawyers or business people well versed with such situations able to clarify this? Or is it the idiocy it appears to be.

    I realize that there would be a lot of paperwork involved in defending those patents once groups start having to verify with MS as to specific infringements, but isnt this overhead a cost of doing business concerning protecting your IP? Can companies infringing on patents that companies refuse to disclose information for even be considered to be infringing?

    Ignorance of the law may not be a defense, but being told that you CANT know what the law is sure seems different. Mind boggling, unless i'm missing something key.

    Perspectives are necessary, someone point out what i'm missing.
    --
    Ice Cream has no bones.
    1. Re:Hwhat? by frodo+from+middle+ea · · Score: 5, Interesting
      What's wrong here, is that Microsoft thinks that IT bosses, are all PHBs and it would be very easy to spread FUD amongst them.

      When I started as a developer 10 years ago, may be this was the case, my bosses then had absolutely no clue what programming was all about (I am not talking about a specific programming language, or paradigm, just programming or software engineering in general)).

      These were the type of people, who felt the sand under their feet, slipping away every time there were concerns regarding the technology they were managing. And the reason was obvious, they DIDN'T KNOW about the technology they were managing.

      But now it's a very very different world, people who were senior programmers then, are now managers, and as such are in much better shape to judge the technologies they work with.

      So in retrospect, Microsoft may have had luck in these kind of FUD tactics, 10 years ago, but that won't work now. Sure there will be some, who will fold and pay up, but then most of the competent people in the industry that I know, are saying...."Hang on a minute,, there is something very fishy about these claims"

      --
      for the last time people, I am "frodo from middle eaRTH", not "middle eaST".
    2. Re:Hwhat? by Anonymous Coward · · Score: 2, Funny

      It's kind of a Heisenberg thing: the more you know about which products are infringing the patents, the less you know about which patents are being infringed.

    3. Re:Hwhat? by Adambomb · · Score: 2, Interesting

      You know, that makes more sense of microsofts actions in the past 5-7 years than any other opinion i've seen.

      Danke.

      --
      Ice Cream has no bones.
    4. Re:Hwhat? by Savage-Rabbit · · Score: 2, Informative

      And yet it was NOT administratively impossible for them to verify that said patents were being infringed upon? Does ANYONE actually think that makes any sense whatsoever? The beauty of is that FUD, it doesn't have to make sense once you stop to think and do some research. FUD just has to be plausible enough at first glance to scare the uninformed. Microsoft's excuses don't have to make sense either, who cares now that the damage is done?
      --
      Only to idiots, are orders laws.
      -- Henning von Tresckow
    5. Re:Hwhat? by AndersOSU · · Score: 3, Interesting

      As far as I can tell you're not missing anything. Patents aren't like trademarks in that you have to defend them to keep them. If in some parallel universe Microsoft said, "Linux, you're infringing on the following patents:... but we're not going to sue you today," it would in no way impair their ability to sue whomever they wanted the next day. In fact it would strengthen future cases, because they could point to the notification and make arguments about willful infringement and treble damages.

      What has (probably) happened here is some MS patent office guy essentially did a freedom to operate study as if he were representing Linux, he copied too many people in on the email with the findings which probably said something like, "We find that Linux could be infringing on as many as 325 Microsoft patents, however, the validity of these patents with regard to obviousness and/or prior art is debatable."

      Basically another poster nailed it, when he said that the reason that microsoft isn't naming patents is so that they can license them to other "infringing" commercial entities. Had they named them, even without a suit, a slew of legal arguments contradicting Microsoft's position would be forthcoming shortly and commercial entities would have the option to use the OS legal arguments instead of feeding the beast.

    6. Re:Hwhat? by Adambomb · · Score: 1

      So let me get this straight.

      Microsoft is orchestrating all of this so that they can sell licenses without disclosing WHAT is being licensed.

      Sounds like buying an insurance policy where it covers nothing...and wouldnt that be illegal? or are they insulated by the fact that they can "come up with" the information at any time if necessary in court?

      --
      Ice Cream has no bones.
    7. Re:Hwhat? by JimNTonik · · Score: 2, Informative

      If they provided a number of patent infringements, they've already listed them internally. It's clear at this point that their intention was never to actually act on these patents.

    8. Re:Hwhat? by Anonymous Coward · · Score: 0

      Suddenly, I have been enlightened.

    9. Re:Hwhat? by compro01 · · Score: 1

      "Linux, you're infringing on the following patents:... but we're not going to sue you today," it would in no way impair their ability to sue whomever they wanted the next day. In fact it would strengthen future cases, because they could point to the notification and make arguments about willful infringement and treble damages.

      i was sure that they had to decide to sue or not sue as soon as they discovered the infringement. otherwise, i'm sure that would be some form of inappropriate behaviour related to waiting until they found it advantagious to sue them (i.e. little company infriges unknowingly, microsoft lies in wait with patent, then looses the lawyers on them when the little company is a billion-dollar firm).

      we got any patent lawyers around here who can clarify?

      --
      upon the advice of my lawyer, i have no sig at this time
    10. Re:Hwhat? by killjoe · · Score: 1

      Hello I am from microsoft and I am a liar.

      --
      evil is as evil does
    11. Re:Hwhat? by Petrushka · · Score: 3, Insightful

      Your assessment may be completely correct, but I'd suggest their tactic may be more viable than you think: that is to say, that it doesn't matter whether their FUD persuades the PHBs or not. The real prize, it seems to me, is persuading companies' legal teams.

    12. Re:Hwhat? by Anonymous Coward · · Score: 0

      Sure it will work. Have you read a product feature list lately? The manager is now too scared that he doesn't know what "Service Oriented Architecture" means for his code writing to keep up. He has spent the last decade figuring out Java, Javabeans, Javascript, RMI, EJB, and J2EE, only to have .NET come along and convince him he should scrap it all to learn C#, XML, XML-RPC, SOAP... the TLA march never ends. Hard to maintain cutting edge competence under the deluge, much easier to just trust M$ as a generally safe choice that you won't go wrong with.

    13. Re:Hwhat? by MadUndergrad · · Score: 1

      Ob. TPB:

      Good night, Linux. Good work. Sleep well. I'll most likely sue you in the morning.

    14. Re:Hwhat? by Anonymous Coward · · Score: 0

      Sorry, M$ hired all the patent lawyers last year...

    15. Re:Hwhat? by AndersOSU · · Score: 1

      No, MS tells the licensees what their licensing, they just don't tell them that their "letting" Linux get away using it for free.

      Imagine you're running a business and Microsoft comes up to you and says, "Hey, you know this little bit of tech that is critical to your process? Yeah we own it, here are our licensing terms." Unfortunately you don't have the legal resources to match MS and challenge the patent, and you really like staying in business so you pony up. Now imagine that MS told Linux that they were infringing on the same patent that you were licensing and MS wouldn't be suing them. Then Linux, having the following it does, and in spite of not being under immediate legal threat, releases legal arguments to the public domain that demonstrate the triviality of the MS patent. Wouldn't that make you less inclined to shell out protection money to MS?

      As an aside, I know many people here hate that patents can essentially be used to extort money from others, but even in the most egalitarian patent system patents must be useful for extracting money from people who use your invention. If you want to argue that patents should be done away with all together, fine, but I'll disagree.

  3. MS hasn't a pot to piss in. by grub · · Score: 2, Insightful


    Microsoft patents attorney Jim Markwith told OSBC it would be "impossible" for Redmond's bureaucrats to respond to the volume of responses that would result from disclosure.

    Do they really believe they'd have less work to do if they acted on their threats to deal with it in the courtroom? MS is just trying to keep the FUD of "using teh Linux may get you sued!!!11```" alive.

    --
    Trolling is a art,
  4. Impossible to keep up with the response. by Anonymous Coward · · Score: 5, Insightful

    Not the list. There's a big difference.

    1. Re:Impossible to keep up with the response. by N3WBI3 · · Score: 4, Insightful

      You could cover all the responses at one by simply publishing the patent numbers being infringed upon. IBM should file a suit similar to the one RedHat brought against SCO.. Im sure it wont happen but it would be nice to see what MS has..

      --
  5. It must be.... by surfdaddy · · Score: 0, Redundant

    ...because they're too busy working on the next Vista security patch. I also heard that there was a chair throwing class that the lawyers were going to.

  6. Headline is wrong by AKAImBatman · · Score: 5, Funny
    Let me fix that for you:

    Microsoft Too Busy Backpedaling To Name Linux Patents?
  7. What a bunch of crap by Rosco+P.+Coltrane · · Score: 3, Interesting

    Microsoft is too busy to figure out the list of infringing patens eh? then how did they count the exact number of infringing patents? if this number didn't come out of a countable list, perhaps, just perhaps, they must be pulling it out of their collective arse...

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    1. Re:What a bunch of crap by One+Louder · · Score: 1

      Microsoft is too busy to figure out the list of infringing patens eh? then how did they count the exact number of infringing patents?
      Easy.

      SELECT COUNT(*) FROM patents WHERE infringing_os="linux';

    2. Re:What a bunch of crap by allthingscode · · Score: 1

      Microsoft has stumbled onto a strange new numbering system, that is countable in the same way rational numbers are countable, but even though it is finite, you cannot see all of the items being "counted".

  8. Contract details by Anonymous Coward · · Score: 1, Funny

    Wow, apparently not only did the customers not know the details of the contract but apparently neither did Microsoft. Fortunately Novell is being forthcoming and letting Microsoft know what they agreed to. Maybe we'll be next.

    " as ZDNet is reporting that Novell will share the details of its agreement with Microsoft"

  9. Vista & Word by Das+Auge · · Score: 5, Funny

    It's just that, when using the bloated Word with the equally bloated Vista, they're going to need a year or two to get the list completed.

    1. Re:Vista & Word by Brad1138 · · Score: 1

      I believe the problem is they have the list, about 2 meg in size, on 1 vista machine and they are still waiting for it to transfer to one they can print from.

      --
      If you could reason with religious people, there would be no religious people
    2. Re:Vista & Word by jd · · Score: 1

      Two meg? You sure? Given the file overheads, it would need to be a very short list.

      --
      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)
    3. Re:Vista & Word by Brad1138 · · Score: 1

      Refer back to parent post, bloated Word/Vista, it takes 2 megs to save anything.

      --
      If you could reason with religious people, there would be no religious people
  10. Could this bite Microsoft later? by nizo · · Score: 3, Interesting
    Could someone claim in court that they thought it would be ok to violate Microsoft's patents, since they apparently have announced that they don't plan on enforcing some of their patents? And are there time limits on enforcement after a company knows of infringers, or does the ability to enforce them never expire? If there is a time limit, that could seriously bite them later too.


    p.s. How about just the top five then? Certainly that won't take too long, right?

    1. Re:Could this bite Microsoft later? by Belial6 · · Score: 1

      I'm pretty sure that in the US, it would be no more than 20 years....

  11. Yes, Lots of Administrative Overhead by Catiline · · Score: 4, Insightful

    Actually, despite what so many other people may think, I for one say Microsoft is 100% right in their reasoning: this list might be just too hard to administer.

    After all, how many hours do you think it would take for the open source software to re-write their code to work around a patent after it was added? The effort of removing patent after patent is just more than Microsoft could ever bear.&lt/sarcasm>

    1. Re:Yes, Lots of Administrative Overhead by Crazy+Taco · · Score: 0

      And another issue is how many lawsuits MS is already embroiled in. MS may have many, many employees, but most of them are coders who can't work in the courtroom. They have lawyers, or course, but MS isn't a law firm and probably have a more limited supply. Even though I'm sure that supply is quite large, you have to bet they are strapped to the max, because they have to defend themselves from the big EU lawsuits, Iowa anti-trust cases, random consumers suing them, and the list goes on and on. They may know a patent is being infringed upon, but seriously, which is more important: suing a company or random open source group that probably isn't all that big or important for patent infringement, OR defending yourself from being sued by an entire continent (EU)?

      --
      Beware of bugs in the above code; I have only proved it correct, not tried it.
    2. Re:Yes, Lots of Administrative Overhead by kihjin · · Score: 1

      While I agree with you in most cases, Microsoft has quantified just how many of their patents FOSS infringes upon.

      Either they know exactly which patents are involved, or they pulled the number 235 out of some dark and smelly place.

      --
      This slashdot-related signature is a stub. You can help kihjin by expanding it.
    3. Re:Yes, Lots of Administrative Overhead by MobyDisk · · Score: 1

      I know 225 ways in which you are incorrect. But it's too difficult to administer the post them all. :-)

    4. Re:Yes, Lots of Administrative Overhead by rentmej · · Score: 1


      How about the Open Source community just goes over their patents one by one.
      MS Patents
      Start at the top, show how they are not valid, too broad or there is prior art.
      Who knows, after a couple hundred they might actually cry uncle.

      --
      0100001001100101011010010110111001100111 0100100001110101011011010110000101101110
  12. Better things to do... by Starteck81 · · Score: 2, Funny

    They must be too busy innovating and creating new patents. ;-)

    --
    "There are four boxes to be used in defense of liberty: soap, ballot, jury, and ammo. Please use in that order." -Ed H
  13. they screwed themselves by wizardforce · · Score: 1

    they claim that there isnt enough time to list off how much was infringed which then brings up the point that they waited way too long to make their charges even if they were actually correct [unlikely to begin with] which also means that they likely would have waited past what is considered timely. you couldnt do this to any person under the law [RIAA for example] so why should a company be able to do this? there has to be something illegal about this whole thing.

    --
    Sigs are too short to say anything truly profound so read the above post instead.
    1. Re:they screwed themselves by Anonymous Coward · · Score: 0

      There is not requirement to be timely in patents, only in trademarks.

  14. They're Waiting for the Summer Interns to Start by geoffrobinson · · Score: 1

    Once the summer interns come in, they'll get on this right away.

    --
    Except for ending slavery, the Nazis, communism, & securing American independence, war has never solved anything.
    1. Re:They're Waiting for the Summer Interns to Start by __aaclcg7560 · · Score: 1

      Unfortunately, and more frustratingly for Microsoft, all the best and the brightest interns are working for Google's Summer of Patents.

  15. man cat by Anonymous Coward · · Score: 0, Funny

    CAT(1)                          User Commands                          CAT(1)

    NAME
           cat - concatenate files and print on the standard output

    SYNOPSIS
           cat [OPTION] [FILE]...

    DESCRIPTION
           Concatenate FILE(s), or standard input, to standard output.

           -A, --show-all
                  equivalent to -vET

           -b, --number-nonblank
                  number nonblank output lines

           -e     equivalent to -vE

           -E, --show-ends
                  display $ at end of each line

           -n, --number
                  number all output lines

           -s, --squeeze-blank
                  never more than one single blank line

           -t     equivalent to -vT

           -T, --show-tabs
                  display TAB characters as ^I

           -u     (ignored)

           -v, --show-nonprinting
                  use ^ and M- notation, except for LFD and TAB

           --help display this help and exit

           --version
                  output version information and exit

           With no FILE, or when FILE is -, read standard input.

    AUTHOR
           Written by Torbjorn Granlund and Richard M. Stallman.

    REPORTING BUGS
           Report bugs to <bug-coreutils@gnu.org>.

    1. Re:man cat by Anonymous Coward · · Score: 0

      This is a clear case of goat.cx for the win.

  16. Typical Failure. by twitter · · Score: 5, Insightful

    Impossible and contradictory tasks, answers depend on who you ask, infighting, these are the hallmarks of a company in trouble. Vista took too long to develop, does not work and is not selling. Office is being escaped by real standards based productivity apps which can no longer be fought off. Those are their flagships and their money makers. GPL 3 prevents them form stealing free software, so they will soon have to compete honestly. Not only won't they be able to grow as promissed, their revenues will collapse.

    This is good because M$ is an enemy of free software and has made trouble for everyone else far too long.

    --

    Friends don't help friends install M$ junk.

    1. Re:Typical Failure. by dedazo · · Score: 2, Interesting

      Vista does not work and is not selling. Office is being escaped by real standards based productivity

      Personal value judgements that do not reflect reality, no matter how much you repeat them. "Vista does not work and is not selling" has apparently become the rallying cry of people who are frustrated at the opposite.

      GPL 3 prevents them form stealing free software

      I fail to see how the world will change vis-a-vis Microsoft and free software the day after the new version of the GPL is released. They couldn't "steal" it before and won't be able to after, with or without patent FUD or dodgy alliances with Novell. This is an empty "M$ fails it" argument that means absolutely nothing.

      --
      Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
    2. Re:Typical Failure. by Crazy+Taco · · Score: 2, Insightful

      Vista took too long to develop, does not work and is not selling.

      Whoa whoa whoa. Where are you getting all this? Yeah, Vista took a long time to develop, I'll give you that. But where do you come off immediately following that up by saying it doesn't work? I haven't had one crash or error since I started using it months ago (right after it came out). It works perfectly, and it has some great internal improvements (WPF, WCF, WF) that developers love and that will let us make better programs. And saying it isn't selling? It may not be selling as much as Microsoft had hoped/predicted, but saying it isn't selling is just flat wrong. The fact is, most software houses would kill to sell as many copies as Vista is selling.

      Office is being escaped by real standards based productivity apps which can no longer be fought off.

      Again, where do you get this garbage? Are you a troll? Office 2007 is actually crushing everything else. It is making people excited about an office suite again (which is pretty amazing, actually). Again, I've been using it for months and it is a VAST improvement over all previous versions of MS Office as well as all other office apps out there. Once you get used to the interface, it is just better by any measure you use. More intuitive, quicker to use, easier to find/understand power features, takes less mouse clicks to do things, gives real time previews of changes, etc. It makes openoffice look like something from the last decade. And as for standards based files, the new office files are open standards, and better because they also zip themselves up to save space. How many of the open standards you are referring to do that? And how average users can actually open all these open standards you say are crushing MS. You just try giving an open office document to a sample of the general public and see how many can open it. 95% of them can't. So get a clue: It doesn't matter that a standard is open if almost no one has software that uses it. What matters is having an open standard that everyone is ALSO using (which will shortly be the case with the MS standards, given the brisk selling pace of Office 2007).

      --
      Beware of bugs in the above code; I have only proved it correct, not tried it.
    3. Re:Typical Failure. by zappepcs · · Score: 1
      Let me try to correct what you have said:

      This is good because M$ is an enemy of free software and has made trouble for everyone else far too long. I'm reasonably certain that if you ask Borland, Digital Research, Novell of the 80-90s, Wordstar, Wordperfect, Paradox coders, and hundreds of other people that worked for not-free software companies they would tell you that MS is the enemy of *anyone* who is not Microsoft.... including Windows end users.

      The simple fact is that MS did not perceive F/OSS software as a threat until it was too late. Once Linux liberated the kernel the "fat lady" started warming up for the final song. Now, MS sees F/OSS as a threat and are busy trying to find ways to beat down this johnny-come-lately, and having little success in trying to run people out of business who really aren't in business. Sure RedHat et al are in business, but MS has no traction in competing with them. In short, MS pretty much got blind-sided with F/OSS in general and GNU/Linux in particular. OOo and other applications are the peccadillo's in MS' cash cows.

      The failures by MS of late are not typical, but indeed are spectacular, and I expect that the fireworks show at the end will be nothing less than 4th-of-July impressive.
    4. Re:Typical Failure. by Anonymous Coward · · Score: 0

      > "Vista does not work and is not selling" has apparently become the rallying
      > cry of people who are frustrated at the opposite.

      I've seen one copy in the wild, owner wished he'd spent double and got the MacBook he wanted. Weird issues with the wireless driver - took me 3 hours to fix it for him. He isn't impressed with Vista at all, I thought it made a core2 duo perform like an old Pentium 166.

      You need to get real or are you just some shill?

    5. Re:Typical Failure. by dedazo · · Score: 1

      The simple fact is that MS did not perceive F/OSS software as a threat until it was too late

      That's funny, Eric Raymond told me in Halloween of 1998 that Microsoft looked at Linux as a core threat. How are they noticing it late again?

      The reality is that Microsoft simply did not worry about free software until it started gaining traction with corporations. When IBM and Novell and Sony And Apple and so on get behind something you can bet good money MS will be looking closely. Before that it simply was not a "threat" at all, no matter how much a few hundred thousand hobbyists claimed that was the case.

      Microsoft is not scared of free software or open source or the bazaar or penguins. They are worried about what their competitors can do with those tools, but this is no different from IBM suddenly deciding to resurrect OS/2 and striking a deal with Gateway to bundle it on their machines.

      On the other hand, free software like Linux and OO.org are just about the only tools left for those companies to compete with Microsoft, especially on the desktop.

      --
      Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
    6. Re:Typical Failure. by Anonymous Coward · · Score: 0

      Login or shut the fuck up, kthx

    7. Re:Typical Failure. by codemachine · · Score: 2, Insightful

      Office 2007 is actually crushing everything else. It is making people excited about an office suite again (which is pretty amazing, actually). I have yet to encounter anyone who was excited about Office 2007. Most people don't want to relearn a new interface, and quite frankly, had everything they needed already in Office 97. What I do see is a lot of converts to OpenOffice.org and NeoOffice. The rest choose Office 2003 or earlier, or MS Office for Mac.

      Even in the universities where every version is free, people are often choosing the older versions. I would have to think you'd have to be a huge MS fanboy or an astroturfer to actually be excited about using Office 2007. I'm sure these people exist, but their view of the world is distorted. They still see every new version of Microsoft's OS and Office Suite as the best thing since sliced bread. Whereas in the real world, you're seeing a heck of a lot more Apple machines, and a lot of hesitation shown by regular users when talking about Vista.

      I'm sure developers tied to the MS platform may not like all of this, and may even be blind to the situation entirely, but it is what is happening out there. I almost hope MS is blind to this as well, but they're sure acting scared, as if they know they're in trouble.
    8. Re:Typical Failure. by Anonymous Coward · · Score: 0
    9. Re:Typical Failure. by Belial6 · · Score: 2, Informative

      They couldn't "steal" it before and won't be able to after,

      I don't know about today, but if you go back to a DOS 6.0 disk and do a search for the ascii string "COPYRIGHT STACKER INC" with a hex editor, I'm pretty sure that the before part of that statement isn't true.
    10. Re:Typical Failure. by LWATCDR · · Score: 3, Insightful

      "Vista took too long to develop, does not work and is not selling."
      Yes, no, and well sort of yes and sort of no.
      Vista isn't selling like 95 or XP did when people where really excited about this new wonderful version. People are using it and more will when DX-10 games are out and are considered must have.
      Vista works. It does work. It isn't really any better for 99% of all end users than XP and rankly it is still a down grade for many. It runs needs more memory and electricity to do the same job as XP does. It isn't a great value that is for sure.

      "Office is being escaped by real standards based productivity apps which can no longer be fought off. "
      Not really. While I do use OO.org what is killing Office sales is Office. Office 2000 and Office 2003 does everything that you need an office suite to do. Office has been good enough for years now and here is the real dirty secret that Microsoft hates. Software doesn't wear out. Why do you think Microsoft really wants to go with the software as a service model?
      XP is what is hurting Vista and Office is that is hurting Office. The old versions of both are good enough. Frankly for most people you don't need a computer every 3 years unless your a gamer so those are now good enough as well so fewer sales of new systems with Vista.
      OO.org has started to make a dent with Governments because they hate the idea of their documents being controlled by a single source vendor. Which frankly is a brilliant idea IMHO. But what we are seeing is a mature market where the software is good enough to not rush to upgrade.

      Just to be fair here is the ugly truth for Open Source. OO.org isn't better than Office. It is good enough and free. I keep hoping that someday OO.org will be better than Office but it just isn't yet. What it is is good enough, has an open document format, and free.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    11. Re:Typical Failure. by camperdave · · Score: 1

      I just wanted to give you a hearty "Well Said!", as I haven't any mod points to give you.

      Despite all the hype, linux and open office are mere blips on the radar. Sure, they're growing stronger, but they are years away from causing Microsoft any real headaches. Right now, their biggest competition is themselves.

      --
      When our name is on the back of your car, we're behind you all the way!
    12. Re:Typical Failure. by Dan+Ost · · Score: 1

      If you just talking about the desktop, then I'll agree with you. However, in the server space, things are very different.

      --

      *sigh* back to work...
    13. Re:Typical Failure. by Crazy+Taco · · Score: 1

      Rather than being a huge fanboy from hicksville or something, I'm a developer working for a Fortune 500 corporation. I understand there is griping about having to initially make the switch. I've heard it myself. But I have yet to hear ONE negative comment after one week or so of adoption. All you ever hear is praise. That's not to say people don't get a little frustrated after one week if they can't find something, but they don't complain about it anymore. The reason is that by then they've seen how many of the UI improvements have help them do things more accurately, more quickly, with less mouse clicks, and have empowered them to use features that they couldn't find before; features that only the "experts" knew how to use. That sort of thing puts a smile on a lot of people's faces.

      As for the university, you have a couple problems:

      1. No one has given the students any kind of a demo, so they have no idea what is now possible or why they might want to learn the new system.
      2. The vast majority of college students are incredibly lazy. I just graduated in December, lived in the dorms 4.5 years, so I think I ought to know. Most college students are either getting drunk or barricading themselves in their room with mountain dew and dorritos so that they will have enough fuel to play yet another 12 hour stretch of WoW. The problem isn't that Office 2007 is worse than Office 2003 (because it isn't), it's that they took at most a five second look at it, saw the UI was different, immediately said, "This sucks, it's too hard to learn," and then threw it in the trash without even attempting to use it. Again, I've seen this sort of behaivior over and over in college with students, whether it be a software product, some new gadget, their homework, etc. Give it to an office worker though, along with a quick demo of the highlights, and they'll be all smiles very quickly.
      --
      Beware of bugs in the above code; I have only proved it correct, not tried it.
    14. Re:Typical Failure. by codemachine · · Score: 1

      Actually, the profs are just as adverse to learning anything new. In fact, the general public is just as lazy as these college kids, and often have little need for the advanced features in Office at all, no matter where they are in the UI. Rich Text would cover 90% or more of what a lot of people do with Office.

      And given that Office is free to university users, no matter what the version is, you think that there would be more uptake of the new version than in the general public, not less. Things change pretty quick when you have to pay for updates you don't need, even if they are supposedly nicer.

      Though I have to admit that Vista is bombing much worse than Office. MS always has had a problem getting Office users to upgrade to the latest version, ever since Office 97 took care of most people's needs. This is nothing new. The reluctance to touch Vista is definitely new though. Of course very few people actually update their Windows at all from what their OEM gives them to begin with, that is not new.

      What is new is that people who are looking to buy new machines are also avoiding Vista. The "word on the street" is that Vista isn't very good, and even the non-techie people are avoiding it. I wasn't surprised that a lot of IT people were avoiding it (and often buying Macs), as sites like this one have said nothing good about Vista. But I was surprised with how many non-techie people seem to cringe when Vista is mentioned as well.

      Time might change that, but Dell's move to bring back XP seems to indicate that this upgrade is more painful for MS than any in the past. I guess they get a sale either way, but it still looks bad.

    15. Re:Typical Failure. by Anonymous Coward · · Score: 0

      You are "a developer working for a Fortune 500 corporation." Why the fuck do you care what the people use to write their memos with? As "a developer working for a Fortune 500 corporation," what, you write macros?

    16. Re:Typical Failure. by angulion · · Score: 1

      GPLv3 doesn't change anything with regard to that, it is illegal with both GPLs.

  17. Um, technically he's right. by Higaran · · Score: 1

    If there is some kind of deal with Novell, me may not be able to say any of the details publically, but that doesn't negate the fact of what he said before that sounds like a load of krap. I mean I'm a MS supporter, but I firmly believe that lawyers should be nowhere near anything that has to do with PR.

  18. And if they are... by FiloEleven · · Score: 1

    And if they're making up patent infringement claims, does that count as a form of libel? Could they be sued (the American answer for everything =)) to put up or shut up? Would it be worthwhile to pursue such a course?

  19. But its only about 26 patents. by arthurpaliden · · Score: 1

    If you read the actual report that the magic number came from you will see that Microsoft only holds about 11% of the 235 'unchalenged' patents that linux 'possibly' infringes on.

    1. Re:But its only about 26 patents. by Anonymous Coward · · Score: 0

      Okay. So, they can list the 25 or 26 patent numbers that are relevant to them. Lower numbers makes the request even easier to fulfill.

  20. Just as hard as it was for SCO by rrohbeck · · Score: 1

    to find the infringing code.

  21. Open Letter to Jim Markwirth and Brad Smith: by morgan_greywolf · · Score: 4, Interesting
    This announcement seems almost like a tailor-made response to my . But I'm not presumptuous enough to believe that Smith even *read* my e-mail to him or the posting on Slashdot, since the coward hasn't bothered to reply. But I'm going to pretend and treat it like one with an open reply

    "Most people who are familiar with patents know it's not standard operating procedure to list the patents," Markwith said. "The response of that would be administratively impossible to keep up with."


    Dear Messrs. Smith and Markwirth,

    Right. It's not standard operating procedure to list the patents when you are claiming patent infringement in order to use it as a weapon. You declared war on the Free and Open Source Software Movements, you're the ones pointing the gun, so c'mon. It's time to put up or shut up. Sue the community, sue Red Hat, sue Linus, sue the Mozilla Foundation, the Free Software Foundation, and sue Sun. Sue IBM. Sue me! Maybe my little project violates your patents! Let's have it! SUE US!

    Stop this cowardly spreading of FUD. I declare that the Emperor has no clothes. Take us to court. You know we'd sue you if you violated the GPL, so let's have it.

    Or do you, as I said before, are you afraid? What is it? Fear that you'd have all of your patents thrown out of court? Or maybe you fear that the industry would turn against you? No, I think it's all those things, but most of all it's that your bluff would be called and you'd have to stop spreading FUD. You know you can do more to damage Linux's reputation by sullying its good name with lies and innuendo about patents that are either obviously invalid or non-existant.

    We have a saying where I come from: "Don't let your mouth write any checks that your ass can't cash!"

    Put up or shut up. Sue us!

    1. Re:Open Letter to Jim Markwirth and Brad Smith: by morgan_greywolf · · Score: 2, Informative
    2. Re:Open Letter to Jim Markwirth and Brad Smith: by sumdumass · · Score: 1

      It isn't fear at all. At first, it might have been an attempt to create a safe distribution that MS could extort money from. But now with changes to the GPL that are supposed to stop Novell from using the GPLv3 software, the focus has changed into letting the changes happen then including a license like the one Novell has with all windows products and essentially stop anyone using MS products from using or contributing to OSS.

      Imagine the GPLv3 comes in, one or two generations of changes to projects come around and MS includes a license that absolves you and anyone you immediately distribute to but not who they distribute to from lawsuits on anything they claim ownership to as long as you didn't place the violation into the project. Now all linux users who also use windows for any reason or have bought a computer preloaded with windows have effectively become Novell according to the GPLv3 if it isn't changed. They can't use GPLv3 software, there is more support for GPLv2 software forks, it is behind the main projects in development and MS has effectively caused one of two problems. It has taken the majority of people out of the picture and is had forces a fracture in the community, It places them back to an advantage and keeps most companies from using or contributing to the GPLv3 projects.

      For most, it will be an all or nothing effort, they won't likely dump any MS software because of this. A few might but if they were willing to do so, they would have already done it. Be prepare for Microsoft to act like the good guy and blame the FSF and the GPL for restrictive licensing and such. They will come out and claim the GPL is viral which isn't anything new, but now they will be able to claim the GPL doesn't allow you to use the GPLed software or something of that effect. MS can't lose on this as it is playing out. And if changes are made, they even have the attempted change as fud to be thrown out, "Sure you can use it now, but what about in the future, they already tryed to stop you once."

  22. Forgetfulness in the private sector? by RingDev · · Score: 1

    You have a patent attorney, who is too busy working on protecting your patents to tell you which patents are being infringing upon? I'd love to see that stand up in court, I have a feeling it would look a lot like the Gonzo testimony.

    "Sir, I don't recall being at the meeting where the number of infringing patents was discussed..."

    -Rick

    --
    "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
  23. Shades of SCO by sycodon · · Score: 1

    Here we go again.

    --
    When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
  24. It isn't transparency... by Anonymous Coward · · Score: 0

    To say you have 235 nuclear-tipped missiles sitting in a silo, somewhere, and they could be pointed at you! But we won't show them to you or say where they are.

    If you are going to mention them at all, you should not be surprised in the least that people will want specifics, and therefore you should be prepared to provide them, or at least show a couple of examples to demonstrate the whole thing isn't a bluff.

    For heaven's sake, what's so difficult about listing the patent numbers? How hard is that? How much work does that take if you've supposedly inventoried the relevant patents sufficiently to state with confidence that there are 235 of them, broken down by category? An hour's work, including proofreading? If that's too much effort, pick the most important dozen.

    Throw us a bone!

    Everyone else who cares will take it from there by looking at the patent applications, which are well-documented at the patent office. All we need is a few numbers.

    Perhaps MS is afraid the patents are duds?

  25. Horseshit by Nimey · · Score: 1

    Let me be the first to say "Horse shit!".

    --
    Hail Eris, full of mischief...

    E pluribus sanguinem
  26. Just curious... by Chysn · · Score: 1

    ...Does Microsoft's company directory use the term "FUD Division" or "Division of FUD"?

    --
    --I'm so big, my sig has its own sig.
    -- See?
  27. How'd they know there were 235? by Anonymous Coward · · Score: 5, Insightful

    It's funny, because that figure has three significant figures. They didn't say "over 200" or "about 230" but that there were 235 patents.

    So, the only way to count them was to have a list. A list they could very easily share with us if they wanted to. Of course, as everyone else has said, we'd code around them, challenge their validity, etc. And no, it wouldn't matter if the list wasn't 100% correct. It'd just be useful to say that, hey, we really don't infringe that one, but whatever, while fixing all the ones we might infringe upon with OSS.

    Of course, that's exactly what they don't want us to do. They don't want us to stop their FUD. And therein lies the problem: promissory estoppel (they promised not to sue), laches (they knew about the infringement and did nothing), unfair competition and anti-trust actions, as well as a whole host of other things you'd see a real lawyer argue if they actually tried to bring a patent infringement suit. Of course, IANAL, so get one if you ever want to make claims like those in court.

    BTW, you know why I think they gave that promise not to sue? To keep any of us from bringing a declaratory judgment action against them. I seem to recall that case law is mixed on that point, but it gives them some wiggle room to avoid having anyone bring a lawsuit over this. I wouldn't be overly surprised if Red Hat or someone had their lawyers send a nasty letter to Microsoft over this and they realized that they had to cover some ass and pump out a little more PR as a smokescreen to hide their backpedaling on this issue.

    Don't get me wrong, they'll probably still use the FUD they've created as another way to strong-arm vendors, but I bet they'll do it a little more quietly and they'll do it to people they already have some hold on.

    1. Re:How'd they know there were 235? by russ1337 · · Score: 1

      Wow. That was well written and I think you articulated the major points nicely.

      As you point out, for them to say 235 it sounds like they have a list. How do we get to see it? Threaten M$ with litigation of some form even though they promised not to sue but it is still impacting on your business.... makes for a pretty tight spot.

      Someone needs to leak that list.

    2. Re:How'd they know there were 235? by dbIII · · Score: 1

      So, the only way to count them was to have a list.

      The other way is to make false statements and waffle a lot when people question them. There seems to be a lot of it going around.

    3. Re:How'd they know there were 235? by mrchaotica · · Score: 1

      Threaten M$ with litigation of some form even though they promised not to sue but it is still impacting on your business.... makes for a pretty tight spot.

      I'll bet somebody's going to have to actually sue (not just "threaten") to get that list. I hope it happens soon.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    4. Re:How'd they know there were 235? by mathew7 · · Score: 1

      I think they could be sued for slander. They say of violations but not disclose the entire truth, thus hurting the open-source reputation (trademark???). If some newspaper would say that a politician cheated on his wife without actually showing any pictures (proof), they would be sued for slander. So why should this not work for OpenSource? Money for lawyers seems to be the only blocker for me.

    5. Re:How'd they know there were 235? by sumdumass · · Score: 1

      There is money for lawyers, the problem is "what if MS is corect". A company who could just collapse without issues could have a better chance at not being in jeapordy over this. The problem is that if any of the other companies set one up, it could be seen as an extention of that company. So someone needs to set up a llc at worst, a Corperation or foundation would be better, and then solicit funds to file the slander suit. And of course MS has to make the accusations after the company has been formed in order for it to be harmed.

      It would be best if a company in a country that doesn't honor US patents files the suit in their courts so this couldn't happen. Germany made SCO shut up during the IBM case because of similar stuff but SCO took IBM to court anyways. And that is the big scare, Can the infringing stuff be removed fast enough not to be liable and can the liability be limited to no ruin/bankrupt the company.

      I don't think Ms has any intention of suing. I think they are waiting for the GPLv3 to come around and then offer the same Novell protections to all windows users by including it in their licenses and effectively stop any windows user from using GPLv3 software. The threats are just there to guide the GPL into place and make people/companies want protection. And to get around the idea of giving away their IP, they can stipulate the protection only if the IP wasn't placed into the product knowingly by you. This makes you immune to other people actions/accidental or not but also places you in the same position as Novell if you use any MS software. If the GPLv3 still contains the provision that is supposed to stop Novell form using GPLv3 software because of the Microsoft deal, that provision will effect all Microsoft's customers too.

    6. Re:How'd they know there were 235? by mathew7 · · Score: 1

      "is it true" is not the problem, because I am sure OS has patent violations. But the problem is how many can be solved/worked around. I think MS plays for quantity, not quality. It does not target the IT specialists which can/know how to verify the claims, it targets the management (who controls the money) that does not know details. They can obtain more money by saying "your software has 230 patent violations" instead of "your software has 30 violations". When a manager hears of 30, he may delegate some employees/company to check how important those 30 are for them and maybe settle for much less, but 230 could be a scary number for smaller companies and they may just settle for what MS wants, because it may be costlier to investigate those 230 violations than to pay MS royalties. They want to milk the end-users of anything they can, even if it's their competitors work, because they cannot touch the competitor. Or maybe they can with FUD?

      And related to GPL3, if MS would put such restrictions then customers would complain a lot, and either GPL3 would not be used or MS would loose it's customers. My company (10k+ employees) uses perl in 90% of Windows scripts. Think about what would happen if perl would switch to GPL3 and MS would impose these restrictions.

    7. Re:How'd they know there were 235? by sumdumass · · Score: 1
      I don't disagree with the first part.

      The second, I don't think I was clear in my post.

      And related to GPL3, if MS would put such restrictions then customers would complain a lot, and either GPL3 would not be used or MS would loose it's customers. My company (10k+ employees) uses perl in 90% of Windows scripts. Think about what would happen if perl would switch to GPL3 and MS would impose these restrictions.
      You see, the GPLv3 as it is currently drafted already has a provision that says if you are part of a patent license, and it define a promise not to sue as a license, and you pass that protection down to your users but not any down stream users then you cannot use the GPLv3 license software that the patent license covers. This is what they are doing to punish Novell for the microsoft deal. According to this one statement in the GPLv3, as long as they (Novell) have the deal with Microsoft, they cannot use GPLv3 software and the plan is to migrate as many projects as possible to GPLv3 to Novell has to forget the Microsoft deal or spawn a fork of the GPLv3 software.

      Now, What I am suggesting is that Microsoft automatically includes a version of this in deal in thier windows and office license, and then anyone who accepted the license would be banned form using GPLv3 software. The sneaky part about this is that it isn't microsoft placing any restrictions on anything. They are actually removing restrictions. It is the GPLv3 that will be placing the restrictions on everyone. For Microsoft, it is a win win. They either fracture the FOSS community, render the FSF useless for all pratical concerns outside a few tight geek circles, or bar a lot of people from using GPL version 3 software.

      But make no mistakes, Microsoft isn't placing any restrictions on anything. OR it isn't on the surface. IT is removing restrictions, so when people get upset like you mentioned, they will be angry at the GPL not Microsoft. This is important because they can do this streight out in front of any and everyone without making it appear as if they are doing anything underhanded. After all, they are promising not to sue you or anyone you distribute code to, but not who they distribute to, if their IP is in anything as long as you didn't place it in there. How can promising not to sure anyone be seen as restrictive? It is a wet dream not to mention a marketing orgasm full of FUD for them if they take it.
  28. Poor Ramji by uradu · · Score: 4, Funny

    > [...] Ramji, the executive tasked with the difficult job of straddling
    > Microsoft's growing support for open source in server and tools,
    > and aggressive and unpredictable statements from management on patents [...]

    They should hire Tony Snow, he can do that on mere brain stem functionality.

  29. Nobody will believe that by RichMan · · Score: 2, Insightful

    At some future time Microsoft will press an existing patent against someone. The first defence will be Estoppel. Microsoft is once company that cannot claim it did not have the resources to defend itself. If Microsoft fails to defend at this point, especially after making the pubclic claims it is effectively estopped from raising those claims in the future.

    IANAL but I like to try on the hat

  30. Whiny little punks... by hellslinger · · Score: 1

    Wow, these sniveling little Microsoft lawyer punks have had their bluff called out! Looks like their patents on walking and breathing are not going to do them any good.

  31. Fixed it for you by Anonymous Coward · · Score: 0

    They must be too busy patenting non-innovations built on top of other peoples work.
  32. Just name one then by thewils · · Score: 1

    It would be a good start if they could even name just one patent infringed upon. Just one.

    --
    Once I was a four stone apology. Now I am two separate gorillas.
  33. Patents. by Anonymous Coward · · Score: 0

    I had a big list of patents being illegally used in Linux too.
    My dog ate it though. :(

  34. Novell fooled us all... by hitmanWilly1337 · · Score: 1

    I must admit, i was wrong about the Novell/M$ deal. It looks like the Suse guys have turned the tables on the embrace/extend attempt by M$. Now with Redmond's claims that they have no intention to sue (which is doubtfull if they even could...sorry Bill, you're a Linux distributor now :) ), and with Novell saying that they are going to reveal the innards of the deal, Im thinking that this was a great strategy to ensure the future of Linux. M$ just underestimated the viral nature of the GPL. How do you like the taste of your own medicine, Mr. Ballmer?

  35. In other words.... by Jaysyn · · Score: 1

    ... we're just making shit up...

    --
    There is a war going on for your mind.
  36. Hey, try this excuse! by HangingChad · · Score: 3, Funny

    My dog ate the patent list.


    That's actually more believable.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    1. Re:Hey, try this excuse! by Anonymous Coward · · Score: 0

      My dog ate the patent list.

      Would that be the dog that keeps showing up when I try to do anything in Microsoft Word?

    2. Re:Hey, try this excuse! by PitaBred · · Score: 1

      I was gonna say that they must have been using Excel to keep the spreadsheet of patents.

  37. Patients != Bugs by C_Kode · · Score: 1

    Microsoft cited administrative overhead for not detailing the 235 Microsoft patents its chief legal counsel recently told Forbes exist in Linux and open source.

    This is true! An extra 235 patents to monitor would overload their workforce that is already concentrating on the 235,000 bugs located in the first release of Vista! (May I say 135,000 of those deal with using Vista as a gaming platform)

  38. After an sccidental pentathol shot... by niceone · · Score: 3, Insightful

    ...Microsoft's Patent Attorney explained that the reason they hadn't named the supposedly infringing patents was that "we know what the U in FUD stands for".

  39. This didn't work for SCO by Whuffo · · Score: 1
    After years of watching SCO flounder in their lawsuit in IBM - why would Microsoft try the same tactics? It didn't work before, it won't work now. There may be a temporary FUD benefit, but in the long run it'll just send Microsoft down the path to irrelevancy.

    Today's statement blew their credibility totally - out of 235 patents, 11% are supposedly owned by Microsoft. But they don't know which ones and it'd be too difficult to find out.

    So if they don't know which patents might be infringed upon - and find it too difficult to research it - then where did that attack against Linux come from? Pure fantasy, of course. It's probably actionable fantasy, too - all the elements of libel are present in Microsoft's "Linux infringes on Microsoft patents". Say - that might be interesting; to defend against a libel charge they'd have to prove that their statement was true. That'd keep their legal staff busy for a few months or years - and give everyone else a target to aim at.

    We can only hope that most media outlets make note of the conflicting statements and complete lack of any reason for their claim that Linux infringes Microsoft patents. Microsoft has NO SUCH EVIDENCE of infringement - and has made a public statement that it's too difficult / not worth their time to try to find any such evidence.

    1. Re:This didn't work for SCO by Crazy+Taco · · Score: 1

      So if they don't know which patents might be infringed upon - and find it too difficult to research it - then where did that attack against Linux come from? Pure fantasy, of course. It's probably actionable fantasy, too - all the elements of libel are present in Microsoft's "Linux infringes on Microsoft patents". Say - that might be interesting; to defend against a libel charge they'd have to prove that their statement was true.

      Problem is, their statement probably is true. Sure, it was a stupid statement, and sure, they don't seem to have a clue about which patents Open Source infringes on. But for OSS to come back and call libel would probably be false and at any rate would be very risky. Given the vast number of patents MS has, it is almost unthinkable that some little bit of code somewhere doesn't tread on one. MS may not want to take the time now to figure out what code violates their patents, but faced with a big payout in a libel lawsuit, they might just take the time to figure it out, and then countersue for infringement after winning the libel suit. Typically, when it comes to software giants and patents, its better just to mind your own business and stay out of that arena unless your hand is forced. They just have too many patents to avoid hitting something, and trying to research prior art and defend yourself is expensive.

      --
      Beware of bugs in the above code; I have only proved it correct, not tried it.
  40. Translation by whisper_jeff · · Score: 1

    Translation: FUD takes just long enough to make a "claim" to the press. Doing research to possibly substantiate those claims is not effecient allocation of FUD resources - there are other "claims" that could be made during that time.

  41. GREAT!!! by Anonymous Coward · · Score: 0

    Now we know that it's all smoke & mirrors...

    So go ahead, infringe on ALL of ms's patents, since they're just too busy to hassle you.

  42. Somewhere in the back of the conference room: by Mockylock · · Score: 1

    "FUCK, I told you someone was going to ask which patents they were!"

    --
    "Please, shut up. Just when I think you can't say anything more stupid, you speak again." -Archie Bunker.
  43. lame. by minuszero · · Score: 1

    come on guys!
    you could at least try!

    -what? are you...

    ccchicken? :o

  44. What they meant to say does make sense... by Crazy+Taco · · Score: 2, Informative

    The way MS phrased their statement (and previous statements) is stupid and doesn't make a lot of sense. They made it sound like they had a list of patents, and now say they don't. However, the statement I think they were trying to say is, "We have so many patents that we know that some open source software somewhere must be infringing on something we've patented." Then they tried to clarify that they haven't actually made a list of them all because, "it would take way too much administrative time to find out which ones they are and list them all." Stated that way, their statement would make a lot more sense, and it would probably be true.

    --
    Beware of bugs in the above code; I have only proved it correct, not tried it.
  45. Are patents like trademarks? by semifamous · · Score: 1

    If I remember correctly, if you don't protect your trademark and prevent people from using your name as a generic term (Kleenex, Google, Band-Aid), you lose your rights to it as a trademark. It becomes the general term instead and is no longer protected. (That's the short version. I'm sure there's a lot more to it than that since laws are so specific.)

    Is this also the case with patents? If they don't sue, do they lose the rights to them?

    1. Re:Are patents like trademarks? by Anonymous Coward · · Score: 0

      Nope. Patents have no such restrictions -- it's up to the product manufacturer to ensure that their products don't infringe on any patents. A popular tactic is to patent something, wait until several other companies are using it everywhere, and then sue them for everything they're worth, hence the term "submarine patent."

  46. The synopsis has it wrong by wrook · · Score: 5, Insightful

    Sigh... There is a bit of a misrepresentation of what was said. The MS lawyer actually said, "'Most people who are familiar with patents know it's not standard operating procedure to list the patents,' Markwith said. 'The response of that would be administratively impossible to keep up with.'"

    This is significantly different than "it would be 'administratively impossible to keep up' with the list."

    I agree with the lawyer that the response to revealing the patents would be enormous and probably too difficult to keep up with. There would be all kinds of questions like "*How* does it infringe?", "Will this change help?", "What about this prior art?", etc, etc. There are thousands of Linux/GNU/whatever developers who are implicitly implicated by their accusations. Many of these are associated with large organizations which have teams of lawyers themselves. There are probably only a few lawyers dealing with this issue at MS. Thus, it *would* be administratively impossible to handle the response.

    My feeling is that if you don't want to deal with the response, then shut up. But I guess they don't agree. But it is an interesting comment none-the-less.

    BTW, I'm not being sarcastic in this post, but it's pretty difficult to tell given the absurdity of the issue.

  47. There is no spoon... by fahrbot-bot · · Score: 4, Funny

    Do not try and list the patents... that's impossible.
    Instead only try to realize the truth... There is no list.

    --
    It must have been something you assimilated. . . .
  48. They can't bother to number them by Opportunist · · Score: 1

    I can't bother to care.

    Guess we're even.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  49. NO U! -nt- by Anonymous Coward · · Score: 0

    -nt-

  50. I'm too busy to name Microsoft Patents by g2devi · · Score: 3, Interesting

    Microsoft is in violation of 100,000 patents that I own, but I'm too busy to document even a single patent.

    And naming even a single patent would be just spreading FUD because, as I've said, I'm too busy now innovating to sue at this moment. If the infringing code could be rewritten, I'd say something because I know Microsoft respects IP and I don't want people violating my IP unintentionally. But since the code it can't be rewritten without using my IP, so I'm actually doing Microsoft a favour by keeping quiet.

    But tell you what, since I know even mentioning Microsoft's violation can cause uncertainty, I'll license each of my patents to Microsoft for the low low price of 1 dollar per patent, payable once every month. As stated, I'm too busy to sue anyone using Microsoft products at the moment, so Microsoft customers are safe...for now. But who knows what will happen to people who by unlicensed Microsoft projects in the future.

  51. IANAL -- Laches Defense? by SpectreHiro · · Score: 1

    I'm not a lawyer, and I technically don't know jack about anything, but it sounds to me like Microsoft is inadvertantly laying the grounds for Linux's eventual Laches defense. If I'm right, this apparently wouldn't completely protect Linux et al from lawsuit, but it would certainly mitigate the potential damages.

    I know I'm beating a dead horse here, but I'm honestly just sick and tired of companies using threats of litigation as a weapon in the press, rather than using the courts to solve their problems. If Microsoft feels that Linux and other F/OSS projects are infringing on their patents, they should either tell the projects so they can work around them, or if they feel they've suffered damages, bloody well sue and be done with it. Shit or get off the pot, as I believe the saying goes.

    --
    You can't win, Darth. If you mod me down, I shall become more powerful than you could possibly imagine.
  52. Pointless argument by f1055man · · Score: 1

    It's FUD. It doesn't matter if it doesn't make any sense. It's meant to scare the PHBs, that's it. A rational argument is the incorrect response to this bullshit. Any other industry they would have been buried under lawsuits for wrongful interference, but our industry has colluding software empires with their own bullshit patents and a bunch of nerds playing the wrong game. This aint about truth, its about perception, leverage and power. Some one needs to kick them in the teeth with steel toes.

  53. Does thiis make sense? by artgeeq · · Score: 3, Insightful

    Couldn't they let the rest of us know about SOME of the patents? How is that administratively impossible for the biggest software corporation?

    If it is impossible, then doesn't it seem like there is something really wrong here? Isn't a patent supposed to be tangible enough to warrant a claim or some sort? Then, how can it be impossible to list what the patent violations ars?

    One more possinle naive question: didn't Linux borrow heavily from UNIX, much more so than from anything Microsoft has done? And didn't UNIX predate Microsoft?

    I am more baffled than ever.

  54. Excited? OK, Cursing is excited. by twitter · · Score: 2, Informative

    Office 2007 is actually crushing everything else. It is making people excited about an office suite again (which is pretty amazing, actually).

    Yes, cursing is an expression of excitement. Witness Fanboy Mossberg's reaction and judge for yourself:

    In my own tests, I was cursing the program for weeks because I couldnt find familiar functions and commands, even though Microsoft provides lots of help and guidance.

    Wouldn't it be a better idea to spend those weeks learning something like Open Office on GNU/Linux? After spending six years on XP, anyone in a hurry to get better software is going to find it in the free world before they fork over the cash for a Vista Heavy Metal Super Computer.

    Vista is not selling as well as XP did and may go the way of the Zune. M$ has stuffed it's channels and is doing all the usual PR blitz but they can't change reality. When you say:

    It [Vista] works perfectly.

    you are flying in the face of reviews and personal experience. Despite the low expectations most M$ users have, I have yet to meet anyone who says that Vista just works. Most have stories like this.

    --

    Friends don't help friends install M$ junk.

    1. Re:Excited? OK, Cursing is excited. by dedazo · · Score: 1
      Oh LOLZ, he said "crushing" but in true "I know you are but what am I" fashion we're supposed to think it's "cursing". But you forgot to quote the article fully:

      After months of working with the Ribbon and other new features of Office, I believe they are an improvement. They replace years of confusing accretions with a logical layout of commands and functions. They add easy and elegant new options for making documents look good. And they make it much simpler to find many of the 1,500 commands that Office offers, but had buried in the past.

      So, Microsoft deserves credit for being bold and creative in designing Office 2007. It has taken a good product and made it better and fresher.

      Did you just kinda miss that part or are you in FUD mode right now?

      you are flying in the face of reviews and personal experience.

      I can point to any number of positive Vista reviews. Even ones that criticize it for whatever reason but conclude that it's fine. Like the Office one you sorta forgot to quote meaningfully. The perception that Vista is "broken" is popular among class-A "M$ WINDOZE SUXXORZ" personalities like yourself, but it simply does not reflect reality. You are desperately trying to convince any half-sentient life form around you that your personal bigotry and wishes are to be trusted as facts. It's not working, really.

      Now Vista might be a bust of course. I'm not enough of a fanboy to pronounce it a wild success either. But I'd suggest waiting a few more months before declaring it dead, if nothing else to avoid ridicule. Your claims that "2007 is the year of Linux" because Dell started selling it today are no different. Even a child understands these things take time.

      --
      Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
    2. Re:Excited? OK, Cursing is excited. by Anonymous Coward · · Score: 0

      wow, aside from all that complete idiotic third grade-level garbage you wrote, you can't even spell. and yet some bungler modded you up.

      slashdot feels like more of a joke every day.

  55. Re: oops wrong study by arthurpaliden · · Score: 1

    Opps my bad got two studies confused.

    A 2004 study by a Open Source Risk Management, a company selling insurance against risks of using open-source software, concluded that Linux could violate at least 283 patents, 27 of them Microsoft patents.

  56. Ridiculous by Anonymous Coward · · Score: 0
    >[Vista and Office no selling...]
    >Not only won't they be able to grow as promissed,
    >their revenues will collapse.

    I'm not a big fan of Microsoft, but this is just plain ridiculous. Why are these posts allowed to float (or crawl!) up to the default view?

  57. In Soviet Russia... by Obsi · · Score: 0

    chairs throw CEO of Microsoft Steve Balmer into Cowboy Neal's coffee mug with 09F911029D74E35BD84156C5635688C0 on it while Ballmer launches baseless claims about Linux infringing on 235 patents.

  58. IBM owns most of the 235 patents by harshmanrob · · Score: 1

    The reality is IBM (and the US government to an extent) developed lots of ground work on Operating Systems, hardware/software addressing and the internet itself 25+ years before Bill Gates graced us with his presence.
    M$ will not named those patents because IBM owns them all and anything the US government cooked up got public domained.
    M$ just wrote a HUGH ASS check...let's see if they can cash it.

  59. That's going to be my answer to the BSA by WhiteWolf666 · · Score: 4, Interesting

    We're an entirely Linux/OS X shop here, however.

    If MS/BSA ever decides to try an audit us, my response isn't going to be, "We don't use MS products, period."

    My response is going to be, "It would be administratively impossible for us to list the software packages in use throughout our company."

    Then, when they kick the doors in, and find not a spec of MS software, our lawyers will have a nice round of settlement discussions with their lawyers.

    --
    WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    1. Re:That's going to be my answer to the BSA by PitaBred · · Score: 1

      What company is it? I'll call in an anonymous tip ;)

    2. Re:That's going to be my answer to the BSA by mrsam · · Score: 1

      Not that you'd really want to do such a thing, *wink* *wink *nudge* *nudge*, but you might just get your wish if there was an anonymous phone call to BSA's piracy hotline, supposedly from a disgruntled ex-employee, who does not want to give his name, claiming that you've pirated everything from XP, to Office, to Photoshop.

  60. On the positive side.. by ContractualObligatio · · Score: 1

    Who knows? Maybe this is the first indication that the cost and workload of software patents are of no real benefit to anybody, even Microsoft.

    I keep dreaming the States will wake up and do away with software and busines method patents. Might prove handy in stopping the European Union doing something stupid (again) and listening to the patent lawyers on the whole subject, which has seemed imminent for a painfully long period now.

  61. ::sigh:: hypocrisy surrounds me... by Pojut · · Score: 1

    I dislike Microsoft as much as the next person, but answer me this:

    REGARDLESS of how shady their buisness practices are, why is it OK for companies to infringe upon Microsoft patents but NOT ok for Microsoft to infringe upon other companies patents?

    1. Re:::sigh:: hypocrisy surrounds me... by azenpunk · · Score: 1

      turnabout is fair play?

      in most segments of society, if one starts dishing out unprovoked abuse, it's considered fair to dish it right back.

      this of course is not a legal justification.

      also two wrongs don't make a right, however patents are not a moral issue.

    2. Re:::sigh:: hypocrisy surrounds me... by BlueParrot · · Score: 1

      Strawman argument. Most people here want software patents abolished in general. Yes, that includes the ones Microsoft are infringing upon.

    3. Re:::sigh:: hypocrisy surrounds me... by Ash-Fox · · Score: 1

      REGARDLESS of how shady their buisness practices are, why is it OK for companies to infringe upon Microsoft patents but NOT ok for Microsoft to infringe upon other companies patents?
      Microsoft infringes on mp3 patents and doesn't pay licensing fees.

      So, apparently it is okay.
      --
      Change is certain; progress is not obligatory.
  62. No. You're thinking of trademarks. by bigtallmofo · · Score: 1

    Could someone claim in court that they thought it would be ok to violate Microsoft's patents, since they apparently have announced that they don't plan on enforcing some of their patents?

    You can selectively enforce a patent. You may not selectively enforce a trademark.

    --
    I'm a big tall mofo.
  63. Red Scare by KC1P · · Score: 2, Insightful

    Didn't Joe McCarthy use the exact same tactic in the 1950s? Claim you have a list but then don't let anyone see it? Worked out great for him, he's one of the most beloved figures in US history! Where'd I put my my "Tailgunner Joe" T-shirt...

    1. Re:Red Scare by Anonymous Coward · · Score: 0

      New nickname for the Gatester? Tailgunner Bill

  64. Me? No. Red Hat? Quite possibly. by Anonymous Coward · · Score: 0

    > And exactly which "any of us" would that be that has the $ to bring what would almost cetainly be a very long and drawn out case?

    Hell no. I'm not a Linux coder. I've released some GPL'd stuff, but it's nothing very important simply because I haven't coded anything that wonderful.

    Anyhow, like I said in GP, I expect that Red Hat or another Linux distributor would bring a lawsuit if they thought it was worthwhile. Usually you start out with some stern letters and only bring a lawsuit after it becomes clear that they're not going to stop doing whatever they're doing. I wouldn't doubt that Red Hat or others did something like that and Microsoft turned around and gave that promise not to sue as a means of legal ass covering after talking with the lawyers.

    But that's why you get a real lawyer to represent you, rather than listening to random Slashdotters. IANAL, and you damn well need one if you're going to sue someone like Microsoft. Look at how long SCO has held up against IBM with the weak case they have if you don't believe that a good lawyer with no case can drive you insane. Had IBM been sloppy, they just might have tripped IBM up on some stupid technicality and gotten somewhere instead of ending up tangled in their own net.

  65. Microsoft Too Busy To Name Linux Patents? by PigIronBob · · Score: 1

    This can only mean that the SCO vs IBM case is about to be wrapped up. M$ needs another diversion and a new supply of FUD.

    --
    You never catch me alive
  66. Adminstratively impossible to avoid infringement by Darren+Hiebert · · Score: 1

    If it is administratively impossible for Microsoft (of all companies) to know all of their own patents that are being infringed upon, this speaks loudly about how much more impossible it is for anyone writing software to know what patents are being infringed. After all, the author can never know Microsoft's patents as well as Microsoft does (nor the many other company's patents that might be infringed).

    The system is just plain broken and impossible to fix. The only question is how many innocent people are going to be hurt until we collectively admit that it has to stop.

  67. As if Microsoft does not have enough money by Orion+Blastar · · Score: 1

    to hire Lawyers to review the patents for them that have been violated. I mean why should Microsoft employees do it, if they are too busy putting spyware and backdoors into the next Vista service pack and finding a new way to shut out Vista pirates as well as invalidate legal copies of Vista so they can have false positives to force the sale of more Vista licenses?

    Microsoft gave us a number, 235, that means somebody either counted them or pulled them out of their rear-end in some FUD attack against Linux and Open Source? If the former, then just let the lawyers read the list of 235 and give us a legal summary of what is in violation?

    --
    Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
  68. Microsoft didn't come up with that number by Chris+Burke · · Score: 4, Informative

    The number 235 didn't come from any Microsoft internal research or MS funded research. It came from an independent research paper that examined patent vulnerability of various software. Microsoft saw the paper and decided to run with it, saying that the paper proved that "Linux violates 235 of Microsoft's patents".

    Then the paper's author spoke out, saying that MS was misrepresenting the results. First, it was 235 potential infringements, in part because none of those 235 patents had been tested in court and could be invalid. Second, these were not all Microsoft's patents.

    Frankly I think he was far too kind. Microsoft turns "potential" into "actual", and "235 patents" into "235 of our patents". That's not "misrepresenting", that's fucking lying, especially when it comes to implicitly claiming ownership of patents which are not theirs.

    Oh yeah, and thirdly the author said that Linux was not atypical compared to closed source software in how many patents it potentially violated. The fact is, and one of the conclusions of the study, was that software patents are such a minefield that pretty much every piece of software potentially violates some.

    This was all on /., I think about a week ago. I'll let someone else dig up the link for some karma.

    By the way, this probably means that the best source for finding out which patents Linux hypothetically violates would come from the original paper.

    --

    The enemies of Democracy are
    1. Re:Microsoft didn't come up with that number by Chris+Burke · · Score: 4, Informative

      Whatever, here are links: The slashdot article, and the first post in it links to this article covering the paper author's rebuttle..

      I can't help but notice how the numbers keep changing. The study says 283 patents, Balmer at one point said 228, and now it's 235. Frankly since they aren't substantiating any of these claims anyway I think MS just makes up a number to keep people confused. Maybe they'll think that further research turned up another 7 patents, even though it's still all based on a completely braindamaged intepretation of someone else's work.

      --

      The enemies of Democracy are
    2. Re:Microsoft didn't come up with that number by illuminatedwax · · Score: 4, Informative

      Mod parent -1, Wrong. That study not only 1) says the number of patents is 283, not 235, but 2) isn't talking about just Microsoft patents, that study was talking about all software patents, and 3) that study came out 3 years ago.

      http://news.com.com/Group+Linux+potentially+infrin ges+283+patents/2100-7344_3-5291403.html

      --
      Did you ever notice that *nix doesn't even cover Linux?
    3. Re:Microsoft didn't come up with that number by nschubach · · Score: 2, Interesting

      Maybe it is time to search the patent database, pull out any Patents tied to Microsoft and list them on the web. Let people vote up or down the patents that could conflict with current standard and try to identify them ourselves instead of waiting...

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    4. Re:Microsoft didn't come up with that number by Journeyman+7 · · Score: 1

      I know it's a bit off topic but isn't it an odd coincidence that the number of alleged patent infringements is exactly the same as the atomic weight of the Fissionable Uranium Isotope eg. 235 (for making Atom Bombs etc)!
                        J7

    5. Re:Microsoft didn't come up with that number by mpe · · Score: 1

      Maybe it is time to search the patent database, pull out any Patents tied to Microsoft and list them on the web. Let people vote up or down the patents that could conflict with current standard and try to identify them ourselves instead of waiting...

      This would probably not be a good idea. Since it could help Microsoft's case. If you are going to trawl the patent database far better to look for patents Microsoft might be infringing and tip off the patent holders.

    6. Re:Microsoft didn't come up with that number by Chris+Burke · · Score: 1

      Dude, I said the study wasn't talking about Microsoft patents -- that was the whole part about how Microsoft is lying about the study -- and this is the study Microsoft used to support their claim, even though the number of patents Microsoft has said are infringing has varied from announcement to announcement.

      --

      The enemies of Democracy are
    7. Re:Microsoft didn't come up with that number by illuminatedwax · · Score: 1

      That article is 3 years old. I think it's more likely they just rummaged through their patent bin and picked out anything that sounded kinda similar to something Linux does without really checking to see if it infringes.

      --
      Did you ever notice that *nix doesn't even cover Linux?
    8. Re:Microsoft didn't come up with that number by Chris+Burke · · Score: 1

      Maybe, but Microsoft said that this was the study they were using as proof that Linux infringed on Microsoft patents and the fact that it is three years old is pretty irrelevent. Of course Microsoft is full of shit and didn't actually check if Linux infringes their patents, that was the whole point, their only "evidence" was a bald-faced lying interpretation of the paper. Either way, I'd appreciate it if you would at least read my post before declaring that it is "-1, Wrong".

      --

      The enemies of Democracy are
    9. Re:Microsoft didn't come up with that number by illuminatedwax · · Score: 1

      Well I apologize for that; but don't take it too seriously, it's just slashdot man ;)

      --
      Did you ever notice that *nix doesn't even cover Linux?
    10. Re:Microsoft didn't come up with that number by Anonymous Coward · · Score: 0

      Holy Shit! You're right! Microsoft wants to blow up open source using an atomic bomb! We have to do something!

      Wait! I know! "Save the cheerleader; save the world."

  69. So... they basically gave Linux te go ahead? by BlueParrot · · Score: 2, Interesting

    So let me see here...

    Before:
    Nobody knew how many patents they may hold
    Nobody knew if they would use them
    Nobody knew if they would hold up in court

    After:
    It is obvious they can't do anything
    They have more or less agreed not to sue anyone
    If they don't name the patents soon you an use it as a defence

    So essentially they have just managed to clear Linux from the FUD surrounding their patent portfolio, make it obvious to business around the world they don't have the balls to do shit with it, and pretty much offered everyone a great defence against their entire patent portfolio. I mean... wow, just wow. I knew the FUD against Linux would go away soon, but that Microsoft would do it themselves without even entering the courtroom... wow. I guess the Vista slogan was right after all...

  70. Hey, it worked for the Federal Reserve by popo · · Score: 1


    They claimed to be "too busy" to continue publishing the M3 number last April.

    The story should have been on the front page of every newspaper, and should have immediately triggered
    a global dollar-crisis, but instead the world believed Bernanke, and here we are today.

    Go for it Microsoft. Because apparently we're living in an era populated with unquestioning sheep.

    (I know, I know...it couldn't have been more offtopic... but this post gave me some deja vu.
    Don't mod me down -- people really do need to wiki "M3", and get a little scared...).

    --
    ------ The best brain training is now totally free : )
  71. Thus quoteth Fry... by decep · · Score: 1

    "I can get any girl I want, anytime I want. I'm just too busy."

  72. Fanboys in action. It's so sad. by twitter · · Score: 1

    Did you just kinda miss that part [recommending buy the new office ... and the whole upgrade train wreck] or are you in FUD mode right now?

    No, I did not miss the part where he thinks the new Office is better than the old Office, I just wanted to know how low the man's standards are. After cursing the changes for weeks, he thinks it's better. It's not really better, he just got used to it and put his blinders back on. That, just like you, is a fanboy in action.

    Normal people want a tool that works and free software has it for them. M$'s new line up does not. M$ knows it because they do not have blinders on.

    --

    Friends don't help friends install M$ junk.

  73. Retards in action by dedazo · · Score: 1

    It's not really better, he just got used to it and put his blinders back on. That, just like you, is a fanboy in action.

    So let me see if I get this right. You think the article is useful when it says Office is not good, but you think he's delusional or lying when he says it's good. The same article.

    Am I parsing that right?

    Let me ask you this: Do you think people who read your posts are retarded? Because if that's not the case the only possible explanation to this "logic" you enjoy so much is that you are, and you just don't know it.

    --
    Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
  74. whats impossible is.. by segfault_0 · · Score: 4, Funny

    Im sorry, its administratively impossible for me to keep track of all the bullshit coming out of Redmond.

    --

    I was crazy back when being crazy really meant something. (Charles Manson)
  75. Double strawman by rewt66 · · Score: 2, Insightful

    It's not just that we dislike software patents in general (though we do). We also dislike FUD, and we dislike lies.

    Microsoft says that Linux infringes on a bunch of Microsoft's patents, but they won't tell us which ones. There's no attempt to present an issue and get it cleared up. There's only an attempt to tar Linux as publicly as possible with the "patent infringer" brush while providing nothing concrete that can be refuted. That's FUD.

    Microsoft says that it can't tell us what the patents are that Linux infringes because it would be too much work. But they can count them and tell us what the number is. That excuse sure looks like a lie to me.

    Being hostile to FUD and lies is not the same thing as being in favor of infringing Microsoft's patents, and that's why the original post was a strawman. If Microsoft tells us what the patents are, we'll either break the patents or fix the code. Until then, there's really nothing to talk about, except to tell Microsoft to put up or shut up.

  76. Can't keep up with the list?? by pak9rabid · · Score: 1

    Well, yall can start with the supposed 235 yall claim you have over linux..

  77. Yes! by twitter · · Score: 1

    You think the article is useful when it says Office is not good, but you think he's delusional or lying when he says it's good.

    Yes, I think people who curse something for weeks and then say they love it are delusioned and mind fucked.

    Let me ask you this: Do you think people who read your posts are retarded?

    Yes, dadazo, I think you are retarded.

    --

    Friends don't help friends install M$ junk.

    1. Re:Yes! by dedazo · · Score: 1

      Yes, I think people who curse something for weeks and then say they love it are delusioned and mind fucked.

      If your infantile hatred of Microsoft fails to elicit even the lightest sense of return on investment from using a product like Office, that's fine. I know people who cursed Linux for months but ended up loving it. Hell, I cursed Emacs for weeks as well but I think it's very useful. But I guess in your world those are two very different situations, eh?

      I think you are retarded.

      Keep going, you're on a roll. By the way, were you planning on any follow-ups for this thread? I'm sure a lot of people would like to learn how OO.org is so much different than "M$" Office when it comes to handling macros. Looking forward to it.

      --
      Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
  78. Fortune not Forbes by jhmark · · Score: 1

    TheRegister refers to a Forbes magazine article ... they actually mean Fortune.
    Big mistake; I think Forbes is mostly garbage, on a par with something like TheRegister.

    Also, why do people keep saying Microsoft promised not to sue?
    Microsoft said that they have no immediate plans to sue.
    Quite a different matter, especially when their plans also include Linux users buying licenses from Microsoft.

  79. try the chinese stockmarket.... by Anonymous Coward · · Score: 0

    ....makes the US late 90s dot bomb boom look like a lemonade stand when they run out of lemons and switch to yellow food coloring. They are holding a lot of paper too, a LOT, and it's going into *fluff* right now. When that collapses, and it will, no more cheap chinese manufactured goods, and everything they do make will go for hard swaps for energy and raw materials to try and keep their masses from going into open revolt. Now think what they will mean for places like the US which has done everything they could to destroy manufacturing and switch people to a "service" of some kind. Folks will find out that food and shelter are not "service" but tangibles and necessary for existence and their leet service job skills won't be worth much, nor will iPods or bluegreen ray 42 inch laser plasma displays or 7/8ths non paid off status mobile they drive around in or homes with 35 years left on the inflated mortgage. Managing/selling/rearranging *nothing*-the smoke and mirros service economy, is not a valuable national skillset and makes for a pretty craptacular economy. When you swap machinists and boilermakers for advertising guys and patent troll VC vultures and managers for the advertising guys then managers for those guys..well...you've deluded yourself, and that is what this nation has done. You have to have REAL stuff to live in the REAL world. Not pictures of stuff, or electronic bits of stuff, or long legal documents that describe stuff, no, you really need the real stuff to live. They've run their paper scams and skimming cons about as far as it can go now, and when it hits it will be felt globally. Hedge funds? Derivatives? Betting on the weather as an "investment"? HAHAHA! Now they want to trade CARBON CREDITS? OH MANOMAN is that funny!

    And no one is gonna give crap one about global warming then,or those carbon credits, or the latest fad paper financial FUD product once that casino craps everyone out.

    I'm into tangibles now, bigtime, nothing else, the only thing that is real.

    I think TS is gonna HTF sometime soon. We'll have one to three more large scale regional wars first, Iran-syria-lebanon first of course, then it will get really really bad as the world fights over natural resources and abandons paper fictional representations of resources.

    Anyway, enjoyed your little offtopic post and wanted to chime in with mine,(yes folks, read about the M3 and ask yourself "why"?) along a similar vein. Been watching this coming now for a long time. Kinda scary really, but what the heck, it sure won't be boring!

  80. Then why they say an exact number of infrigments? by ghostbar38 · · Score: 0

    They say that linux had an infrigiment with 235 patents, they can count them but they can't list them? So, that means that's a big fat lie!! We're not stupids...

    --
    ghostbar page.
  81. Sure! by mrchaotica · · Score: 1

    It's "administratively impossible" in the sense that the administrator, Steve Ballmer, would Fucking Kill(TM)®© any Microsoft employee that enumerated the patents!

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  82. Defamation! by Anonymous Coward · · Score: 0

    Linus should now sue Microsoft. They have defamed him by claiming "that the Linux kernel - the deepest layer of the free operating system, which interacts most directly with the computer hardware - violates 42 Microsoft patents."

    Since Linus exerts control of what code goes into the kernel, they are, by extension, saying he is either incompetent or doesn't care about patent infringement. Either way, it's defamation of his character.

    The best part is, if he sues them, they would have to defend their claims. That's right, they would HAVE to tell us what these 42 claimed infringements are! Show us your FUD cards, Steve and Bill!

  83. huh? by SP33doh · · Score: 1

    HOW WAS I SUPPOSED TO KNOW THAT HE WAS THERE?


    I'm way to busy to see if there's somebody in front of me before I shoot!

  84. Re:cat info by SP33doh · · Score: 1

    CATS: all your base are belong to us


    oh and this isn't offtopic because there are plenty of indians who are poor, and not busy.

  85. I hate Microsoft, but I have no doubt... by Caspian · · Score: 2, Insightful

    I hate Microsoft, but I have no doubt that these patents do exist, and that GNU/Linux systems do violate the patents. This isn't a problem with GNU/Linux, it's a problem with the patent system. With all the ridiculous software patents granted every year (and most/all are), there is absolutely no doubt in my mind that hundreds, if not thousands, of Microsoft's rubbishy patents are, in fact, violated by GNU/Linux systems.

    Then again, the same goes for Apple, Google, Compaq, Dell... they all violate each others' patents, and when company X gets pissed off at company Y, they whip the patents out and sue. Patents are no longer used to "protect innovation", they're used as stockpiles of weapons to attack one's enemy-of-the-moment with.

    This isn't so much evidence that MS is evil (honestly, do we need more evidence of that?), but rather evidence that the patent system is evil.

    --
    With spending like this, exactly what are "conservatives" conserving?
  86. Its the EU stupid by DrStrangeLug · · Score: 1

    Patent violations : nil-point .

    None of the MS Patents are valid in the EU where linux was created. From where I'm sitting (in the UK) linux, openoffice, firefox etc violate NO patents. They might do so where you are but not here.

    The solution is not to get the patent list and challenge/license but to fix your patent system.

  87. MicroSoft has 9821 patents by CamoCoatJoe · · Score: 2, Informative

    Maybe it is time to search the patent database, pull out any Patents tied to Microsoft and list them on the web. Let people vote up or down the patents that could conflict with current standard and try to identify them ourselves instead of waiting... http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=P TO2&Sect2=HITOFF&p=1&u=/netahtml/PTO/search-bool.h tml&r=0&f=S&l=50&TERM1=Microsoft&FIELD1=AS&co1=AND &TERM2=&FIELD2=&d=PG01
    --
    This is not a signature.
    1. Re:MicroSoft has 9821 patents by Magada · · Score: 1

      So? Betcha the "core" (base system, whatever) packages of ANY linux distro have had at least that many bugs filed (and closed) in six months. Many hands make light work.

      --
      Something bad is coming when people are suddenly anxious to tell the truth.
    2. Re:MicroSoft has 9821 patents by gerrysteele · · Score: 1
      Some great patents in there. Awesome. Eg

      • 20070117617 Spectator mode for a game May 24, 2007
      • 20070118530 Scheduling of software updates May 24, 2007
      Among many others. How can these even be considered? I don't understand it.
    3. Re:MicroSoft has 9821 patents by CamoCoatJoe · · Score: 1

      So? Betcha the "core" (base system, whatever) packages of ANY linux distro have had at least that many bugs filed (and closed) in six months. Many hands make light work. True, but we have more programmers than lawyers. I suppose we could filter it down a bit and then have lawyers look at it.
      --
      This is not a signature.
    4. Re:MicroSoft has 9821 patents by Magada · · Score: 1

      Ac'lly, you could have a small team of lawyers and coders compile a "what to look for"/TODO list first.

      --
      Something bad is coming when people are suddenly anxious to tell the truth.
  88. Impossible to flame Microsoft ever again by Askmum · · Score: 1

    I could do this as an Anonymous Coward, but I'm sure noone can object if you flame Microsoft ever again. There are no words in the world to describe how stupid Microsoft behaves here. My 5 year old son does a better job of lying when he is caught with his hands in the cookie jar and knows he isn't supposed to do that.

    Come on Microsoft you can do better than that!? Are you now really changed from Micro$oft to MicroFUD?
    You, sirs, are subject of the laughter of all the world. It is absolutely hilarious. It would be all a big joke if you weren't so serious about it.
    I sincerely entertain the thought of going to some venue where Bill is speaking to ask him what comicbooks are on Steve's shelves. I want a piece of that.

    No really, words cannot describe the utter astonishment of how stupid you are.

  89. Linux Community Responds by PinkyDead · · Score: 1

    - New Motion?
    - Completely new motion. That eh there be immediate action...
    - Once the vote has been taken
    - Well, obviously once the vote has been taken....

    --
    Genesis 1:32 And God typed :wq!
  90. administrative bullshit .. by rs232 · · Score: 1

    "'Most people who are familiar with patents know it's not standard operating procedure to list the patents,' Markwith said. 'The response of that would be administratively impossible to keep up with.'"

    Who are these people familiar with patents? Why not get them to tell us?

    "The reason we disclosed that, is because there was a request for transparency following the Novell deal Iast November. This was a response to that transparency"

    Who exactly asked for transparency? How can you be transparent and not tell us what the patents are, at the same time.

    "We had another round of here we go again... we are pretty confident we can offer the customers coverage [from prosecution]"

    translation: Buy our stuff or we'll sue your ass off.

    was: The synopsis has it wrong (Score:5, astroturf)

    --
    davecb5620@gmail.com
  91. Too busy for 200 ? Try only 1 ! by Anonymous Coward · · Score: 0

    What about trying to properly name only one patent picked amoung said list?
    Hey, cutting administrative cost by more than 200%, no pointy-haired folk would have dreamed of that!

    More seriously? The "Typical failure" thread may have it right: the compagny is not really collapsing, but may be about to split, last move to avoid being slapped to hard for anti-competitive behavior?

  92. Microsofts patents by UndiFineD · · Score: 1

    http://www.google.com/patents?as_drrb_is=q&as_minm _is=1&as_miny_is=2007&as_maxm_is=1&as_maxy_is=2007 &as_drrb_ap=q&as_minm_ap=1&as_miny_ap=2007&as_maxm _ap=1&as_maxy_ap=2007&q=inassignee:Microsoft+inass ignee:Corporation&lr=&sa=N&start=590 600 visible US based patents have been granted, so which of these 235 do they mention ? now you can cross reference with google code search too see which codes are potentially infringing, or prior art

  93. Sue MS for libel already! by Anonymous Coward · · Score: 0

    Even if you lose, you have forced them to name the exact patents and violations.

    1. Re:Sue MS for libel already! by morgan_greywolf · · Score: 1

      Maybe, maybe not. I have no standing to sue Microsoft for libel because they have not named my project specifically. It would have to be Linus or Sun / OOo Foundation or the Mozilla Foundation, the GNOME Foundation, the FSF, etc. (Hint! Hint!)

  94. Well by Anonymous Coward · · Score: 0

    Actually, Microsoft violates 236 patents that I hold... I would list them, but I need to wash my hair.

  95. Just name ONE by mei_mei_mei · · Score: 1

    If Microsoft are too busy to list all the patents then let them name just one.

  96. You got it all wrong by Anonymous Coward · · Score: 0

    They just go thru all their patents without making a list, just incrementing a counter. At the end of the day, they have a number but not a list, all patents are piled up somewhere, but they don't know which ones linux infringes.

  97. Attorney Markwith was Misquoted by Anonymous Coward · · Score: 0

    Here is the actual statement: "Most people familiar with patents know it's standard operating procedure not to go out and list the patents you have because of the administrative work required," said attorney Jim Markwith with Microsoft Legal and Corporate Affairs. "The response that it would invoke would be administratively impossible to work with. You won't see any company list the patents they have. Even those they are actively licensing or cross licensing." When asked why the company was so specific on the number of patents but unclear beyond that, Ramji said: "We disclosed [the number] because of requests for increased transparency, but this was as far as we could increase transparency."

  98. linux is an obvious rip off!! by Anonymous Coward · · Score: 0

    i just got a free linux cd from someone and put it on my computer with the instructions and it is so obvious that linux ripped off microsoft!!! obviously linux just copies the windows cd to make the linux cd and they make some small changes to it like make the start button orange as if that will fool anyone!!! all of the screen and the internet are basicly an exact rip off it is so obvious! if most people and the congressmen would do this cd they would be OUTRAGED that this THEFT is allowed to go on and who knows how many linux cds they already made! just because bill gates is rich does not mean you can steal!!! i dont understand why he does not just sue linux and the people in charge go to jail, or if not, the goverment needs to step in!! whoever uses a linux cd is obviously steeling from microsoft it is so obvious if you have eyes and a brain! everyone should know if you are getting something for nothing that is a definite red flag or if it doesnt then i really feel sorry for you!!!