Microsoft Gives Xandros Users Patent Protection
DigDuality writes "Microsoft, shrugging off licensing moves to prevent it from repeating its controversial patent deal with Novell, has signed a set of broad collaboration agreements with Linux provider Xandros that include an intellectual property assurance under which Microsoft will provide patent covenants for Xandros customers."
Wow. Show me the patents or shut up.
This is great. I used to have to pick from so many distros, now I have 2 scratched off the list.
I have used SuSe in the past, but I will never again. Xandros I never used and never will.
Not exactly a new strategy.
I am of the opinion that Microsoft will continue to push the boundary as long as it is around.
I don't really know if this is 'news'. Expecting people to be too surprised at this is sort of like saying "Hey, everybody, another person was killed in the middle east today" and expecting to get responses like "Wow, I didn't see that one coming!" or "You gotta be kidding."
The new MSV alpha
http://en.wikipedia.org/wiki/Protection
Anybody care to suggest which of those articles is applicable?
The patent threat is just FUD.
I'm more interested, right now, in how much Xandros was paid for this "deal". Particularly after the problems Novell had with their's. And with Jeremy Allison leaving Novell after that deal.
They know their standing in the community is going to take a hit. So, how much was it worth to them?
What is selling out providing, except to bolster Microsoft's position that they must have something, else nobody would be dealing with them?
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
They took the money that Microsoft offered. That's really all the news there is here - that Microsoft found another foundering commercial Linux distribution willing to sign up to the patent covenant and give it publicity. The technical aspects are irrelevant, as they indeed are in the Novell deal. Xandros is a little fish without significant technology to offer. Even in the case of Novell, nobody needed Microsoft's help with virtualization - the only thing Microsoft can offer is the slight performance increment of paravirtualization for Windowsover the full virtualization that is available now.
There's not much to do about Xandros. They aren't a big player, this isn't going to make them into one. We should turn away from them as was the casewith Novell, but it seems a bit silly since most of us didn't even know they existed.
Bruce
Bruce Perens.
With Novell, Microsoft subsidised Novell Suse licenses. With Xandros, Microsoft is doing a deal to provide "patent covenants", which means protection being sued by Microsoft for patent claims that Microsoft has not actually specified.
The game is to knock down the commercial Linux vendors, one by one, and establish them all as clients of Microsoft's "intellectual property". You can bet that the pressure on Red Hat to settle is quite intense. First, their competitors are being subsidised. Second, their clients are being blackmailed.
I've written a more detailed analysis on this. Microsoft is using software patents to try to take ownership of GNU/Linux and all free software / open source that would be distributed along with it.
Divide and conquer. At the end, the volunteer distros will be left alone to do their work, contributing to the shiny new future, while Microsoft makes sure it gets its 10%.
GPLv3 is being seen as many in the industry as the answer. I think that's wishful thinking. The real answer here is a lawsuit from the government for abuse of monopoly power, where Microsoft is using its monopoly in the desktop area to interfere in the server OS market.
On a related tangent it seems that the Redmond astro-turfing drones are out in force, insulting RMS, calling the GPLv3 all kinds of names, claiming that "freedom" includes the right to abuse other people. Well, drones, suck it. Doesn't matter how much you scream and rant, how much your managers pay you to mess with ISO and push OOXML, Microsoft is either going to learn to "do no evil", or it's going to sink like the Titanic.
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When it was just Novell, you know they'd be screwed after GPLv3 because they wouldn't have the resources to fork the last GPLv2 releases of everything. But on the other hand, if Novell and Xandros and ??? ('cause at this point I think we can assume MS will continue making deals) get together, there could be significant forks. And that's really, really bad news.
All the people who've been saying "MS has something else up it's sleeve; just wait for it..." have just been vindicated, I believe.
"[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz
Consider the difference between from and to.
Bruce Perens.
Patents are involved, but they are Microsoft's not Xandros', since Xandros is quite a small company that clearly has no patents of interest - that's why it says MS is not licensing patents FROM Xandros. Another part of this article says:
"The agreement with Xandros, to be announced Monday, includes a promise by Microsoft to refrain from pursuing patent claims against users of Xandros software."
So in Brooklyn, for example, Fingers and Lucky come into your restaurant one day and demand a weekly payment in return for which nothing bad happens to your business or your cute little kids. See the Wikipedia article at http://en.wikipedia.org/wiki/Racketeering,quoting definition of Racket, quoting the article: "...best-known is the protection racket, in which criminals demand money from businesses in exchange for the service of "protection" against crimes that the racketeers themselves instigate if unpaid..." So is there a *RICO case here? * RICO (from the same article) "Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. 1961-1968)...allowed law enforcement to charge a person or group with racketeering, defined as committing multiple violations of certain varieties within a 10 year period.... purpose..."the elimination of the infiltration of organized crime and racketeering into legitimate organizations operating in interstate commerce."
Exactly, Xandros do not really interact with the wider free/open-source community, so have nothing to lose by getting into bed with Microsoft. The thing is, Microsoft's patents are probably not the best, they got there pretty late in the game, and there are Patent Troll organisations with bigger piles of better patents. So getting the green light from Microsoft does not get you very far.
Redhat ditched the end-user desktop market because they knew that all the money is in servers. Linux, the kernel, and the GNU tools like GCC, Bash, etc, are not very new ideas at all, prior art is everywhere. The basic Linux server system is not that different from a 1970s Unix machine etc. So the only difference between the 1970s box and a Linux server is basically Apache which implements open web standards, etc, and networking stuff which was invented by Novell and other companies that are on the Linux train anyway.
Therefore, I cannot see how a patent lawsuit could do that much damage to the LAMP world, and in the Linux desktop there is no money anyway. Considering the recent Supreme court decision, I think Microsoft's patent lawyers are General Custer and the Indians having one last hurrah before the world moves on.
My little Linux and tech blog
As others have said, this is part of Microsoft's FUD program to convince people that Linux venders believe Linux does have major patent vulnerabilities, and are bowing to Microsoft's ownership (although, I thought SCO owned Linux, why isn't Microsoft going after them?). But the real Enterprise Linux players will never fall for this. Red Hat might, but Oracle probably will not, given how much Larry hates Bill. Mandrivel and all the rest are not US based, and probably don't see much threat.
If you want news from today, you have to come back tomorrow.
March 28th was the Grandfathered cutoff date for the GPL3 as far as I know...interesting...
Got Code?
The difference is that Xandros is a dieing company and a little cashola from Microsoft keeps them afloat a little longer. And too bad for Xandros, Microsoft doesn't own Linux, SCO does... ;)
If you want news from today, you have to come back tomorrow.
Novell may be getting "blackballed by the community" but recent earnings reports show that since the Novell/MS deal, Novell has gained share at Red Hat's expense. The "community" of which you speak might be good at "blackballing" but so what? That community doesn't pay the bills. It's not like you guys actually buy any distros or sign up for support contracts anyway, so you can "blackball" whomever you want. It makes no difference since distros aren't seeing any money from you anyway.
-- "I never gave these stories much credence." - HAL 9000
Are Xandros planning on distributing GPLv3 code? Has Microsoft just affirmed it is prepared to shield all downstream recipients against infringement claims? I hear Microsoft talking about building bridges which is strange considering the GPL is already a straight road.
I think the wider implications of this are important considering the FSF have essentially put Microsoft on notice with regard to GPLv3. Is Microsoft really spoiling for a fight or are they just upping their bluff?
There is a way to profit from open source. Make a Linux distro and then make an agreement with MS. Sweet.
Xandros was the Linux distribution running on Microtel hardware that WalMart was selling. It was a very big deal back then.
It's sad to see how far they've fallen.
Those of you who would like to tell Xandros what you think may do so here. You may also tell Novell here. - Bruce
Bruce Perens.
It seems that they'd do it even without the lawsuit protection.
Microsoft seems to just want that bit in there so they can spread FUD.
So, for some money (small change to Microsoft, big bucks to Novell, no idea about Xandros), Microsoft purchases the assistance of a Linux distributor for spreading FUD.
In which case, it is understandable that the rest of the community will reduce their associations with that company. Why waste efforts on a company that is going to help spread FUD about you, your products and your customers?
Yeah, but that community does make the software. If the community gets pissed off, Novell has no more product to sell -- hence the GPLv3.
"[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz
The "community" of which you speak might be good at "blackballing" but so what? That community doesn't pay the bills. It's not like you guys actually buy any distros or sign up for support contracts anyway, so you can "blackball" whomever you want. It makes no difference since distros aren't seeing any money from you anyway.
Don't be ignorant. The "community" typically has day jobs in the IT sector where they get to recommend vendors. By pissing off the community, they've bought themselves a lot of bad word-of-mouth inside companies that they seek to sell cupport contracts to.
I used to recommend SuSE whenever I had the chance. Not any more.
1. Fork Xandros - call it Expandros or something.
2. Do a "patent" deal with Microsoft.
3. ???
4. Profit!
If it weren't for the rocks in its bed, the stream would have no songs.
First they ignore you
then they ridicule you
then they fight you --- You are here
then you win.
The road between democracy and tyranny is paved with secrecy in the name of security.
Remember how the movie "Bull Durham" emphasized what a dramatic jump it is from the bush leagues to what they called "The Show", the majors?
Xandros and a dozen other of what Mr. Perens posted above as "struggling" Linux distributions are struggling because people like myself (MEPIS man, 3 years) consider their $50 or $100 OS price a Grave Decision and hopscotch through various distros (Mandrake, Lycoris and Linspire for me) and probably settle on a totally free one. Like me.
So Xandros and many others have gone over a decade unable to ever meet payroll for more people that can gather around one conference table, with growth flattening after they reach a base of a few thousand home users, a couple of dozen minor corporate installs and perhaps a couple of larger ones.
Then MS comes along, and it's not the direct cash so much as the mere prospect of a CHANCE of being seen as a Serious Corporate Solution that might, just might now get picked up by a couple or six dozen larger installs in the hundreds of desktops each. Slashdot readers might not be scared of the patent boogeyman but the larger a company is, the more averse it is to the prospect of such risks, however small. To them, a volume purchase price of $25 per desktop is very, very cheap insurance against even spending one legal-staff-week on a lawsuit threat.
So a company like Xandros can "offend" a free software community that has been collectively sending it a few hundred thousand a year at most to grab a shot at the brass ring of joining "The Show" and selling thousands of installs to big corporations. Like a baseball player taking a longshot at "The Show" even if it burns all bridges back to the bush leagues.
You can blame them but you should also see their point of view.
Who will be next? Keep tuned
Hey, can't we all just create derivative distros and have MS pay us to indemnify our users?
Oh, wait... should that have been in 1..2..3?..Profit!!! form?
"If they have both, tell them we use Linux. And if they have that, tell them the computers are down." -Dave Chapelle
Buy Xandros, now with immunity from Microsoft Lawsuits(tm)!
Sounds pretty similar to this.
Weaselmancer
rediculous.
Xandros didn't have the money to pay Microsoft for this. They were dying anyway.
Thanks
Bruce
Bruce Perens.
SLES is already "that other enterprise Linux". IOW, some zealot inside the IT organization has to go out of their way to make Novell visible to the CxO crowd. Novell is already in a disadvantaged position. Pissing off the people most likely to make them visible is not the brightest strategy.
A Pirate and a Puritan look the same on a balance sheet.
Yeah, I think that too. And I was looking at the direction of the cash flow in this deal (which is in the direction that violates common sense) as proof.
I heard you were doing this thing where you -- generously, I must say -- agree not to sue a distrbution's customers for infringing a bunch of patents that you won't name. I also heard -- and this is why I'm writing -- that *you are paying *them for this. So...
I'd like in on this. I'm going to create a new distro every day from now until August 7. In exchange for you not suing the people who buy or download it, I'd like you to give me, say, $5 million per distro. I can come down a bit, though.
My turnips listen for the soft cry of your love
Bruce
Bruce Perens.
How about the patents that *might* be infringing, if they were valid ... and could stand scrutiny.
If they really existed, you know darned well that Microsoft would have already closed THAT barn door. They're not afraid to sue anyone.
Kevin Smith on Prince
1. Pick distro's nobody is using. ...
2. Give them patent protection hoping people will use them knowing they suck.
3.
4. Profit!!
Or, it could be that Microsoft recognizes that their Windows market share is at its zenith, and wants to start disarming a potentially nuclear patent war. Sure, Microsoft has a bunch of patents, but how many times has Microsoft been accused of (or actually has been) "borrowing" some *nix code here and there?
Granted, Microsoft could hire an entire state bar association if they wanted, but litigation is a pain and Microsoft's PR is bad enough as it is. Is is possible that there isn't a conspiracy, and that they just want some 1) good PR and 2) to avoid an ugly suit they're sure to lose by the "deepest pockets" theory of social justice?
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