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Xandros CEO Doesn�t Agree Linux is Patent Violator

whitehartstag writes with a link to a Network World article about statements from Xandros in the wake of their Microsoft deal. Xandros CEO Andreas Typaldos made a point of stating that they don't believe their product violates any of Microsoft's patents. Nor, he said, did the software giant share with them exactly which patents they believe Linux violates. Just the same, he's disappointed with the reaction they've received from the open source community. "Feedback from the Linux community has been on the order of 'you shouldn't really be talking to the devil.' Linux and open-source advocates believe it is a big issue and say the Xandros deal, and another signed by Novell with Microsoft last year, erodes open source licensing provisions especially around intellectual property issues. Indeed, the Free Software Foundation is rewriting its GNU General Public License (GPL) 3.0 to prohibit such patent deals in the future."

156 comments

  1. Handy boilerplate, if this dumb trend continues by toby · · Score: 5, Insightful

    Future submitters, just keep this text on hand the next time some idiot signs a deal with Microshaft:

    $COMPANY made a point of stating that they don't believe their product violates any of Microsoft's patents. Nor, $COMPANY said, did the software giant share with them exactly which patents they believe Linux violates. Just the same, $COMPANY is disappointed with the reaction they've received from the open source community.

    It's almost beyond belief that these guys keep giving the community a great big "FUCK YOU", and yet are always surprised when we don't welcome them as liberators, with flowers and open wallets.

    --
    you had me at #!
    1. Re:Handy boilerplate, if this dumb trend continues by RevHawk · · Score: 4, Insightful

      "We're dissapointed in the way the community is handling this..." Here's a note for you Xandros & Co. - The community owes you nothing. Not dignity. Not respect. Nothing. The community continually develops and improves a product for free - you take it, modify it, and profit from it. Without them your business doesn't exist. Stop complaining. Communities are fickle.

    2. Re:Handy boilerplate, if this dumb trend continues by Anonymous Coward · · Score: 1, Insightful

      "It's almost beyond belief that these guys keep giving the community a great big "FUCK YOU", and yet are always surprised when we don't welcome them as liberators, with flowers and open wallets."

      Why shouldn't Xandros?

      Some guys on Slashdot wrote a few +5 Insightful posts like yours?

      In the end the open source world will fall all over themselves trying to prove just what a 'reasonable' bunch of people they are and 'look for the good side of the deal' and spout drivel like 'you know, Microsoft isn't ALWAYS evil' and the like.

      The Microsoft execs up in Redmond must be disgusted by how easily they are undermining the entire open source world and dividing the Linux world into MS controlled/patent safe and too dangerous for commercial use sides.

    3. Re:Handy boilerplate, if this dumb trend continues by wwrmn · · Score: 2, Informative

      There's 2 ways to look at it that I see:

      1) They're buying 'insurance' so they won't get out-lawyered and sued out of existence by an 800 pound gorilla in the future, a gorilla that out foxed the US Justice Department IMO, and did it while the *rest* of the US government was still paying them money ass over tea kettle to do it.
      2) They're paying 'protection money', like insuring your store from the mob and an 'accidental' burning.

      There's probably more I haven't thought of, and while I don't agree with their decision or understand their motives, it's not my business to run.

      --
      until ( $win ) { &cheat }
    4. Re:Handy boilerplate, if this dumb trend continues by Citizen+of+Earth · · Score: 1

      these guys keep giving the community a great big "FUCK YOU"

      I suspect that, like with Novell, the deal is that a struggling company takes a big pay-day from Microsoft without doing anything. I hereby dub my copy of Fedora 7 as Citizen of Earth's Linux Distribution, Release 1.0 and indicate to Microsoft that I am open to accepting $BOATLOADS from them in an 'interoperability' agreement.

    5. Re:Handy boilerplate, if this dumb trend continues by HermMunster · · Score: 1

      If you've looked at Xandros lately you know they are basically trying to be a lesser version of Linspire only they are failing. Xandros is far too restricted in what they produce and how often they do so. The bottom line is that it doesn't take this agreement they've entered into to make the Linux industry resent them. The lack of quality and of product does that itself.

      Why would this guy be disappointed. He knew the overall industry reaction when Novell entered into the agreement. He's simply making pacts with the devil for short term gain while essentially writing off his whole company in the long term. He has no power and has no real base so he's going to just wither away and become a non-entity in the Linux industry. Maybe this is his plan. He has no real stock holders and this is just a fast way for them to make some serious money and get out. To bad he's willing to sacrifice his company to do so. I guess devilish minds think alike.

      --
      You can lead a man with reason but you can't make him think.
    6. Re:Handy boilerplate, if this dumb trend continues by HermMunster · · Score: 2, Interesting

      Microsoft does not seek to indemnify the Linux industry. It does not seek to indemnify Novell nor Xandros, nor LG, nor any other. It seeks to divide. By dividing they conquerer. If they can cut into the unified front they'll have a greater chance of winning against some or many. The companies that enter such agreements should be shunned as entities within the Linux industry. They should be considered non-entities and not part of Linux. They should not be allowed to continue to distribute Linux in any form. All those that create open source products for Linux should explicitly deny license to any of these companies. You don't need GPL V3 to do that. You can simply make it part of your own copyright allowance.

      When the critical pieces are removed from these systems then they have no more product to distribute. Maybe they'll move on to BSD or something else.

      This is simply divide and conquer. It is very old tactic. It is also commonly used. This is not conspiratorial. Microsoft simply wants to eliminate as many Linux allies as possible before hand by creating allies of their own. In the end they get all the IP when they allow their newly formed allies to die. It's a two pronged attack. It is one attack that they divide and conquer us and another to have us kill their allies (which used to be our allies). Either way, it works for them. It's so simple I can't believe you guys don't see it. To have Xandros enter into such an agreement is a death knell for them and Microsoft knows this. Any piece of the Linux industry that dies and is aided in death by the Linux community is a win for Microsoft.

      Nonetheless, we need to cut the rotten meat from the calf in order to grow stronger. When Xandros dies and when Novell is too weak to continue we'll be stronger because those that know what is at stake will aid us at becoming stronger.

      Microsoft knows that this is a tactic to delay things. It is a big gamble that we won't see what they are doing until it is too late. What they fail to understand is that millions of minds using and supporting the Linux industry is much better than the drones at MS creating DRM infected crap-ware. Nonetheless, they still will end up with a lot more money before it is all over. They know this will delay adoption. Every company that does indeed enter into an agreement extends the length of time that there will be a delay.

      If we are not careful there'll be no Linux distributed without Microsoft's permission.

      Also, the CEO of Xandros spoke around the fact that Microsoft allegedly told them anything specific. He should tell us exactly, in their words, what was said by them. You don't just enter into an agreement without knowing all the ins and outs. At least you better not. If you are entering into such agreements you are essentially slitting your own wrists. Apple didn't take enough care when they entered into the agreement with Microsoft over the GUI and Gates let them know that in no uncertain terms. I can guarantee you that Microsoft has gotten a lot better at entering into contracts with all sorts of unscrupulous clauses. Xandros and Novell had better watch out.

      This should be a warning that the levy could break and a lot more companies enter into such agreements with the Devil.

      --
      You can lead a man with reason but you can't make him think.
    7. Re:Handy boilerplate, if this dumb trend continues by toby · · Score: 1

      'you know, Microsoft isn't ALWAYS evil'

      I never said anything like that! Check my posting history if you don't believe me, kthxbai

      --
      you had me at #!
  2. Completely inacurate by CaptainPatent · · Score: 4, Insightful

    Until Microsoft actually reveals the patents that are being "violated" it really can't be judged what patents (if any) do and don't violate Microsoft patents. Until this happens, all we are being fed is hearsay and speculation.

    --
    Well, back to rejecting software patent applications.
    1. Re:Completely inacurate by WilliamSChips · · Score: 0, Offtopic

      Until McCarthy actually reveals the people in the State department that are "communists" it really can't be judged which people (if any) in the State Department are and aren't communists. Until this happens, all we are being fed is hearsay and speculation.

      --
      Please, for the good of Humanity, vote Obama.
    2. Re:Completely inacurate by Archiviste · · Score: 1

      Until Microsoft actually reveals the patents that are being "violated" it really can't be judged what patents (if any) do and don't violate Microsoft patents. Until this happens, all we are being fed is hearsay and speculation.

      Let me fix that for you...

      Until Microsoft actually reveals the patents that are being "violated" it really can't be judged what patents (if any) do and don't violate Microsoft patents. Until this happens, all we are being fed is Fear, uncertainty and doubt.

      There, much better...

    3. Re:Completely inacurate by Anonymous Coward · · Score: 0

      Isn't harassment illegal? because this is truely what M$ is doing to the Open Source community and it's developers. Hmmm... sounds like a good case for the people to take against M$.

    4. Re:Completely inacurate by rhizome · · Score: 1

      Until Microsoft actually reveals the patents that are being "violated" it really can't be judged what patents (if any) do and don't violate Microsoft patents. Until this happens, all we are being fed is hearsay and speculation.

      Microsoft is the Dick Cheney of the computer industry (and/or Dick Cheney is the Microsoft of politics). There are as many Microsoft patents being violated by Linux as there are WMDs in Iraq. Trust the words of Microsoft at your peril.

      --
      When I was a kid, we only had one Darth.
    5. Re:Completely inacurate by pimpimpim · · Score: 1
      Well, that is what fud is, and it is very damaging because shareholders and PHBs tend to pay more attention to million dollar deals being made on this, than on the fact that people on slashdot think it is bullshit. But their plan is amazingly smart. They just don't even sue, as they saw by SCO that this didn't work well. Also, there is no money to gain by sueing. This way they end up weakening the position of linux and actually get paid for it instead of having to pay their lawyers for it. Now the sueing will have to be done by.... by whom? To have Microsoft show what patents they reallyy have.

      The reaction of the Xandros boss in the summary is pretty dumb though. If the guy doesn't believe in it, then why does he pay them in the first place? Smells fishy.

      --
      molmod.com - computing tips from a molecular modeling
  3. This guy has forgotten who the real engineers are by div_2n · · Score: 4, Insightful

    FTFA: The customer in the market place is dictating what we are doing, not my engineers

    You are using a tremendous amount of software your engineers didn't write. I'd say that inevitably, the authors of that software will dictate what you are doing. You and the customers are just enjoying the ride with their permission. Try to remember that the next time you throw dirt in their eyes--assuming you get that chance.

  4. So You Made a Deal... by Nom+du+Keyboard · · Score: 3, Interesting
    So you made a deal with Microsoft without even knowing what the deal covers. How dumb is that? Would you ever make a deal with me under those grounds?

    Especially when significant money is involved?

    Are you competent to even run this company?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:So You Made a Deal... by QuantumG · · Score: 2, Interesting

      That's what insurance is.

      Personally, if I could get Microsoft to sign something saying that would never sue me (for anything), I'd find the money somewhere to pay for it. In fact, if I can find someone who will give me a get out of jail free card for any major corporation, I could have a lot of fun :)

      --
      How we know is more important than what we know.
    2. Re:So You Made a Deal... by Anonymous Coward · · Score: 2, Insightful
      That's what insurance is.


      How so? If I buy car insurance, I know what risks I am covering: collision, uninsured drivers, etc. If I buy house insurance, I know what risks I am covering: fire, flood, etc. If I buy "Microsoft insurance for Linux", what risks am I covering? Citing "un-specified patent violations" is not good enough, you cannot buy insurance for "unspecified threats", unless it is the mob coming by to compliment you on your car or house and how shameful it would be if something bad happened to it. Last I checked, this kind of extortion was illegal. How is what Microsoft is doing ANY different than extortion?

    3. Re:So You Made a Deal... by Anonymous Coward · · Score: 0

      if I can find someone who will give me a get out of jail free card for any major corporation

      In a sane world, the fact that you're always on slashdot playing the subversive would negate any chance of that happening. However executives are complete fucking morons so I'd say you're odds on even. Have fun.



    4. Re:So You Made a Deal... by russ1337 · · Score: 1

      I agree. I also notice that insurance companies come looking for more money each term.... how long till microsoft asks for more money? (Just like the mob).

      i.e We won't lawyer up on you (break your knee caps) unless you pay us money... or at least until we want more money.

  5. Did Microsoft pay them too? by Luft08091950 · · Score: 1

    If they don't believe that their product violates any of Microsoft's patents then why did they enter into this arrangement?

    The only reason I can think of is if Microsoft paid them some big bucks like they did with Novell. If this is true then Microsoft appears to be willing to pay through the nose for a FUD campaign.

    1. Re:Did Microsoft pay them too? by Stanistani · · Score: 1

      Microsoft certainly has the available cash, the motive (FUD Linux), and no downside - it's not like the Linux community is looking to them for friendship.

      Face it, this is the real face of Microsoft becoming manifest at last. Ignore any "Linux Evangelists" they hire.

    2. Re:Did Microsoft pay them too? by Anonymous Coward · · Score: 0

      In Soviet Russia patents violate you!

  6. you should be ashamed of yourselves by non · · Score: 1

    i expected a list of infringing patents accompanied by a 50-page NDA. you knuckled under in the face of a bunch of hot air.

    --
    ...vividly encapsulates that post-Watergate/pre-punk/coked-up moment when you could trust no one, least of all yourself.
  7. GCC by flyingfsck · · Score: 1

    The modern software world is pretty much ruled by GCC. It would be interesting to see what happens when that one's license changes to GPL3.

    --
    Excuse me, but please get off my Pennisetum Clandestinum, eh!
    1. Re:GCC by El_Muerte_TDS · · Score: 1

      erm... not much

      The output of GCC is still not covered under the GPL, never has been, never will be.

    2. Re:GCC by 2short · · Score: 1, Troll

      "The modern software world is pretty much ruled by GCC"

      What color is the sky in your world? GCC is a mighty fine thing, but it's not remotely the only (or even the dominant) compiler out there.

      "It would be interesting to see what happens when that one's license changes to GPL3."

      Why? It won't effect programs compiled by it any more than the current license does. Even in your fantasy-land where GCC is a major player in commercial software development, it going to v3 wouldn't make any difference.

    3. Re:GCC by drinkypoo · · Score: 1

      What color is the sky in your world? GCC is a mighty fine thing, but it's not remotely the only (or even the dominant) compiler out there.

      GCC is however by far the dominant compiler in the Free Software world, and Linux is made of Free Software.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:GCC by bladesjester · · Score: 1

      GCC is however by far the dominant compiler in the Free Software world, and Linux is made of Free Software.

      It should be noted that the grandparent to your post said the "modern software world" is pretty much ruled by GCC. Not "Free" software. The modern software world.

      Free software is by no means even the majority of the modern software world. By that token, GCC is nowhere close to ruling the modern software world.

      In reality, GCC is basically a bit player in the modern software world. Granted, it's a very nice part of the modern software world, but it's still only a small part of the software world.

      --
      Everything I need to know I learned by killing smart people and eating their brains.
    5. Re:GCC by civilizedINTENSITY · · Score: 1

      Wonders: what percentage of new code generated over the last three years was Open vs Closed? Does anyone out there estimate this sort of thing for a living?

    6. Re:GCC by bladesjester · · Score: 1

      Considering the fact that most companies I've had dealings with keep most of their stuff closed (and this holds true for pretty much all of my friends in the business as well), I'd say the percentage is pretty small.

      Granted, there are a number of companies that sponsor open source projects and quite a few people that work on open source software in their off time (usually as a hobby, to learn a new skill/language, or to scratch their own itches), but I'd say they're heavily outweighed by the places that create closed source stuff both for the public consumption and their own internal use.

      --
      Everything I need to know I learned by killing smart people and eating their brains.
    7. Re:GCC by Anonymous Coward · · Score: 0

      What color is the sky in your world? GCC is a mighty fine thing, but it's not remotely the only (or even the dominant) compiler out there.

      Well...are we talking number of developers using said compiler, or number of units shipped containing firmware from said compiler? Because GCC is practically the only game in town for embedded ARM, PowerPC, and Blackfin development last time I checked. And there are a hell of a lot of devices with one of those.

      My personal litmus test for an embedded CPU is whether the vendor-provided toolchain uses GCC: in-house embedded compilers are, invariably, absolute crap. Even with GCC there will still some code-generation bugs in the back-end, but at least I know the C/C++ front-end will work, which is more than I can say otherwise.

  8. I disagree - but I know where you're coming from. by iknownuttin · · Score: 2, Informative
    Typaldos says that was the genesis of Monday's deal with Microsoft that covered interoperability and IP licensing and included "covenants" to protect customers using Xandros software from any potential patent-infringement claims from Microsoft.

    It looks like this company is actually helping the community. They're eliminating the fear that if their product is used, they, the customer, won't have to worry about the big bad MS coming after them. After all, wasn't this the exact same issue that kept folks from adopting Linux when the whole SCO thing was just getting started because they were afraid, and rightfully so, that SCO would come after them?

    This deal doesn't look like a cut and dried "bend over and take it" type of thing; to me anyway.

    --
    I prefer Flambe as apposed flamebait.
  9. Let's put pressure on MSFT to put up or shut up by christian.einfeldt · · Score: 4, Informative

    IMHO, Microsoft's patent claims lack merit, for several reasons: prior art; obviousness; and limits on patenting math. Let's turn up the volume on our doubt of Microsoft's claims. Please challenge Microsoft to sue you (yes, you AND your company) by signing this list of 1,395 people who doubt Microsoft's patent claims:

    http://digitaltippingpoint.com/wiki/index.php?titl e=SMFM_list_page_11

    1. Re:Let's put pressure on MSFT to put up or shut up by Anonymous Coward · · Score: 0

      Even though this is a good attempt to bring Microsoft back to reality, I say the citizens globally, if not just in the US should sue M$ for obvious reasons. It is easy to see why their code should be opened up and reviewed by different entities to verify the code, and to see how much IP that they themselves have stolen from other companies.

      It's easy for them to hide behind the closed code scheme to make it hard for others to prove IP of other companies have been violated. Yet you cann't tell me that they haven't violated IP. With yhe avalibiliy to hide behind closed code and claim they can't show their code because of the potiental hazards or loss to the product and the company is a lame excuse.

      Look how long Open Source and Linux companies have survived, even without the high volumes of sales like Microsoft. Microsoft realizes that the close code gives them stall tactics, just like they used in the M$ anti-trust cases. During the antitrust cases, they shifted the game when the code was threatened to be open and the company was threatened to be split up.

      I think it is time to make them *prove* that they have not violated other IP with all OS that they have built (I use built loosely).

      Enough with the Linux and global citzens being threatened by Microsoft, weither it be about Linux IP issues or GWA (Genuine Windows Adantage) - it's time for Microsoft to go through a little scrutiny to prove how legit they are. OPEN THE CODE Microsoft and prove that your are LEGIT!

      I think we all know the truth of what would happen if they did.

      Sure looks like alot of OXS, Mozilla, and Linux IP you have under that closed code there M$. Would you mind explaining?

    2. Re:Let's put pressure on MSFT to put up or shut up by gujo-odori · · Score: 3, Informative

      I usually don't bother replying to AC posts, but I need to comment on this.

      While I do not claim to be in a position to definitely answer the question, "Does Microsoft have any misappropriated code anywhere in any of its products?" I am a former Microsoft employee (but not a Microsoft apologist; I didn't much care for it there, would not work there again, and am a Linux and Mac user, not a Windows user), and I would be pretty surprised if there is an misappropriated code.

      To know why I think so, you have to understand that Microsoft lives in fear of the GPL. LCA (Legal and Corporate Affairs) has very strict rules about touching open source code, and Microsoft developers are not supposed to even download or look at code under the GPL or similar licenses, not even on their own time, for fear of liability if any similar-looking code should subsequently get into any MSFT product. They are very serious about that. I'm sure anyone caught incorporating anything under a GPL-like license into a Microsoft product would be escorted to the door by security.

      Microsoft may be guilty of a multitude of sins, but I'm quite sure that secretly using GPLed code is not among them. Both its fear and loathing of the GPL and the potential losses - in terms of face and code, as well as money - should it be caught doing so are simply to great.

    3. Re:Let's put pressure on MSFT to put up or shut up by Anonymous Coward · · Score: 0

      Also, there is this site which looks like it is in early development.

    4. Re:Let's put pressure on MSFT to put up or shut up by Anonymous Coward · · Score: 0

      Do you have a FUCKING CLUE what you are talking about? No? Than SHUT THE FUCK UP.

  10. Making friends with the crocodile. by geoff+lane · · Score: 1

    It's a rare company that has survived a close friendship with Microsoft. Still, it's always good to have an example to warn off future companies who think that they can deal with Microsoft as equals.

  11. TMBG quote FTW! by drinkypoo · · Score: 1, Interesting

    "Can't shake the devil's hand and say you're only kidding" -- Your Racist Friend by They Might Be Giants (from the album Flood)

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    1. Re:TMBG quote FTW! by Anonymous Coward · · Score: 0

      FTW in subject FTL. Go back to GameFAQs

    2. Re:TMBG quote FTW! by Anonymous Coward · · Score: 0

      Fuck the World in subject Faster-than-Light?

    3. Re:TMBG quote FTW! by drinkypoo · · Score: 1

      Actually, I've never seen it on gamefaqs (don't hang out in their fora, just read the faqs) and I picked the term up here. Log in, or fuck off. Thankyou.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  12. No Idea What They're Doing by Otter+Escaping+North · · Score: 3, Insightful

    From TFA:

    "We did not discuss patents [with Microsoft] and we don't think Linux violates any patents and we were not asked about it," Typaldos said. "It is a non-issue for us."

    ...then...

    "Linux says it does not infringe on patents, Microsoft say otherwise. But customers say let me buy some insurance because if there are any flying sparks I don't want to be caught in the middle of that."

    Typaldos says that was the genesis of Monday's deal with Microsoft that covered interoperability and IP licensing and included "covenants" to protect customers using Xandros software from any potential patent-infringement claims from Microsoft.

    If Microsoft is running around shrieking about patents, and if your customers are demanding you do something because they are feeling vulnerable about patents, and then you strike a deal on that very issue - but don't talk about patents, then you don't know what the hell you're doing.

    This chicanery hasn't yet hit a distro that I use, but it's a trend that really should stop.

    --
    Running Windows^H^H^H^H^H^H^H OSX and Linux in the home. (I don't have time for Solitaire any more.)
    1. Re:No Idea What They're Doing by drinkypoo · · Score: 4, Insightful

      This chicanery hasn't yet hit a distro that I use, but it's a trend that really should stop.

      It bothers me too, but at the same time we're learning valuable lessons about who we can and cannot trust.

      Everyone who signs one of these agreements with Microsoft simply goes on my "do not buy -- ever" list. And I would assume that many others are doing the same.

      Making these deals now might help them retain or even attract certain specific customers, but in the long run when we are all looking back on this, we'll be avoiding those companies which knuckled under and kowtowed to Microsoft.

      I went with Linux [originally] specifically to get away from Microsoft! It's become my refuge from their incompetence, and I refuse to help anyone who compromises that.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:No Idea What They're Doing by Locutus · · Score: 1

      what would be helpful is a fork of every distro that buckles to Microsofts sweet candy of cash for protection. Also, the public should be told that any distro which co-mingles Microsofts software with its Linux code must be isolated since Microsoft will NOT let Linux exist with Windows. Windows is what makes Microsoft work, Windows is what gives Microsoft control, Windows is what Microsoft has gone out of it's way both legally and illegally for almost 20 years. They will not let Linux users continue to use it no matter what you sign today. It won't last forever and they WILL make you pay so much you'll wish you never heard the word Linux.

      Forking the distros would be one say to allow current users to keep up and yet be safe from future threats from Microsoft. Even if those threats are just increased licensing fees for unknown claimed IP.

      LoB

      --
      "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
  13. wha? by Anonymous Coward · · Score: 0

    "We did not discuss patents [with Microsoft] and we don't think Linux violates any patents and we were not asked about it," Typaldos said.

    Typaldos, so you entered into a patent agreement with Micosoft including an agreement that Microsoft would not sue your customers over Microsoft patents w/o even discussing patents?

    I have been a long-time Xandros customer. But, with this type of mindless drool, I will no longer be a customer nor will I ever again recommend any of your services for consideration.

  14. You must be new here. by andrewd18 · · Score: 1, Flamebait

    You must be new here. Anything that suggests Microsoft is doing something good is immediately shot down. Considering the symbol for Microsoft related stories is a picture of Bill Gates' face covered in Borg parts, I'm not surprised.

    1. Re:You must be new here. by Kadin2048 · · Score: 4, Insightful

      Anything that suggests Microsoft is doing something good is immediately shot down.

      I fail to see how "pay us and we won't crush you" qualifies as 'doing something good.'

      By that metric, the Mafia must be the best guys ever! All they want is your money, and they'll be ever so nice to you.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    2. Re:You must be new here. by Anonymous Coward · · Score: 1, Funny

      Mafia Enforcer: Hello sir! Give me your money and I'll be your bestest friend 4 evar!
      Linux Distributor: What if I don't want to be your friend?
      Mafia Enforcer: I'll break your fucking thumbs.

    3. Re:You must be new here. by azenpunk · · Score: 1

      Microsoft has long since squandered the benefit of any doubt. It's currently reasonable to assume they are not doing anything good in any ethical sense.

    4. Re:You must be new here. by rohan972 · · Score: 1

      I fail to see how "pay us and we won't crush you" qualifies as 'doing something good.'

      From the very first report issued by John D. Rockefeller's General Education Board -- this is their first mission statement: "In our dreams, people yield themselves with perfect docility to our molding hands. The present education conventions of intellectual and character education fade from their minds and unhampered by tradition we work our own good will upon a grateful and responsive folk." Source http://www.altruists.org/static/files/Shocking%20O rigins%20of%20Public%20Education%20(John%20Taylor% 20Gatto).htm

      s/John D. Rockefeller's General Education Board/Microsoft/

      You shall pay for your lack of vision - Darth Ballmer

    5. Re:You must be new here. by ozmanjusri · · Score: 2, Insightful
      I fail to see how "pay us and we won't crush you" qualifies as 'doing something good.'

      It's not quite that simple. What Microsoft is doing is establishing a base of transactions for the underlying concepts used in FOSS projects, so they can take the projects from the community.

      The free software community works on a non-transactional basis. There's an expectation of delayed gratification from many contributors. For example, I write tools for my field, but I'm a poor coder. I taught myself programming out of desperation, because there were so few suitable programs available. Because I release those tools under the GPL, I have an expectation that they will be improved by coders with greater skills (but less knowledge of my niche field), and the improvements will be available to me. That's the strength of the GPL, if it weren't for the copyleft provision, unscrupulous developers could simply take my code and commercialise it, and I'd see no benefit from my work.

      This works with software like no other product because with software, there's no cost of duplication, and the cost of developing the tool for myself is a sunk cost. Releasing it to the community is no additional burden for me, and there's a chance I might benefit if I do release it.

      Microsoft wants to create that additional burden. They're scared of a mass of developers all contributing, but not participating in a transaction for each contribution. It's why they're paying money to competitors with these agreements. They want to create a web of transactions to demonstrate there is commercial value in the ideas people like myself are contributing to the community.

      They'll succeed this time too, because the business in general - not just Microsoft - doesn't like non-transactional effort. There's no opportunity to pry themselves a piece of it. That's why Microsoft is being received with open arms by so many of the Linux business community - they've found a way to introduce transactions where business can leverage value from what used to be a process that was closed to them.

      In the end, it won't be Microsoft that sues someone who contributes an idea to the community, and runs foul of some undisclosed patent. It'll be a Linux business, someone like Xandros or Novell, and it'll only take a few lawsuits to take away that incentive for me (or anyone like me) to have to think twice before releasing that useful tool.

      In many ways, it's another version of the embrace, extend, extinguish model, but it's starting to become clear just how long Microsoft has been planning this, and how determined they are to are to commercialise software freedom. I think it'll work for them too. They'll have a lot more support from business and government this time.

      --
      "I've got more toys than Teruhisa Kitahara."
    6. Re:You must be new here. by thegnu · · Score: 2, Insightful

      I must admit I kind of think you're high. But then maybe it's just me.

      --
      Please stop stalking me, bro.
  15. job search by splatterboy · · Score: 1

    Didn't this happen at least ten times with SCO?? A company/CEO signs a deal with a very unpopular/hostile to the free/open source movement and the CEO/PHB always manages to be "shocked" by the angry response of the community... Do these guys read anything besides pr0n? The Novell (and reactions from the 'community') deal was front page news... This guy must be looking for a job in the White House

    --
    "Everyone is entitled to their own opinion, but not their own facts." ~The Honorable Daniel Patrick Moynihan
  16. Re:I disagree - but I know where you're coming fro by kebes · · Score: 5, Insightful

    It looks like this company is actually helping the community. They're eliminating the fear that if their product is used, they, the customer, won't have to worry about the big bad MS coming after them.
    I guess the problem is that different people have different definitions of 'the community.' Xandros (and you) seem to think that 'the community' is "Xandros and their customers." Whereas others think that 'the community' is "the developers and the users of the software" (and note that those "users" may or may not be Xandros customers).

    So, in effect, Xandros is making a deal that puts their 'community' above the community at large, whereas I would argue that the intent of the GPL in general, and the open-source developers that use it, is to create something that the wider community (all developers, all users, including Xandros and their customers) will ultimately benefit from.

    I think that as long as companies like Novell and Xandros keep thinking of the community of only being made up of their paying customers, they are missing the point of free software and ultimately will be missing out on the crucial developments that they require to maintain profitability.
  17. In a word, "No". by khasim · · Score: 1

    After all, wasn't this the exact same issue that kept folks from adopting Linux when the whole SCO thing was just getting started because they were afraid, and rightfully so, that SCO would come after them?

    No. Ever since SCO first started talking, Linux has never stopped gaining market share.
    1. Re:In a word, "No". by RLiegh · · Score: 2, Funny

      >No. Ever since SCO first started talking, Linux has never stopped gaining market share.

      That is a trend I'm sure the market will correct now that Microsoft has begun to assert its' right to protect its' investment in its' intellectual property.

      It will be interesting to compare Windows Server market share versus Linux market share a year from now.

    2. Re:In a word, "No". by drinkypoo · · Score: 2, Interesting

      It will be interesting to compare Windows Server market share versus Linux market share a year from now.

      It sure will, given that at least up until this whole thing began (I don't have stats for after it) Linux was the only operating system gaining market share, though Windows was mostly holding. This is because Linux takes more seats away from Legacy UNIX than it does from Windows.

      Frankly I think that the whole patent flap will have little to no effect on Linux adoption.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:In a word, "No". by dgatwood · · Score: 1

      Nah. Apple has been slowly gaining market share for a while, so Linux isn't the only OS gaining market share.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    4. Re:In a word, "No". by WilliamSChips · · Score: 1

      He's probably talking about servers, given that he responded to a post about Windows Server and was mentioning Legacy Unix. And who the fuck buys an Apple server? I know they offered one as a testbed for OS X but the server is one place Apple has never really tried to get in on.

      --
      Please, for the good of Humanity, vote Obama.
    5. Re:In a word, "No". by dgatwood · · Score: 2, Interesting

      They're pretty popular for people who run computer labs full of Macs (schools, for example). The netboot and ARD stuff makes it much easier to install new machines, distribute cloned images to their drives remotely (or remove the hard drives entirely and netboot them all), set up network home directories and domain-wide login accounts, etc.

      That said, you're right that Apple has never really pushed the enterprise server market.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

  18. It doesn't matter what he is saying... by Hymer · · Score: 2, Insightful

    ...the signal they are sending to customers and (worse yet) potential customers is what matters...
    ...and that signal is: "Yes we do belive Linux is violating Microsoft's patents."
    Do not sign those deals, Microsoft will kill you wheather you sign or not and you are giving them more ammo to kill you with.

  19. This sucks. by Adult+film+producer · · Score: 1

    Maybe the linux kernel & lots of gnu software does infringe on microsoft patents. That's a very real possiblity, I don't know for sure though. What sucks is that microsoft can hide any patent violations in their closed/hidden source software. Is there a way to force them in court to open it up so third parties can go on a fishing expedition of their code?

  20. At least they listen to their customers.... by Anonymous Coward · · Score: 0

    At least they listen to their customers. I would like to see a lot more open source projects, and the companies that may be behind them, listen to their customers or users more.

    Take NetBeans, for instance. In terms of its features, it's quite a nice IDE. I know a lot of people who especially like its text editor. Unfortunately, the whole IDE is damn slow. It's not unusual for it to lock up for a second or two while repainting, even on very modern multi-processor systems with tons of RAM.

    I don't know if this slowness is due to its use of Swing, due to its use of Java, or what. All I know is that Eclipse runs far faster on the same systems when performing similar tasks, so I suppose it may be a problem with Swing. That said, a lot of people have requested that the responsiveness problems of NetBeans be addressed, rather than more new features added. Unfortunately, those requests seem to fall on deaf ears. Each release of NetBeans gets slower and slower and slower and slower. It's nearly at the point now where I'll have to switch to Eclipse just to remain somewhat productive, as the lag of NetBeans is really starting to hurt.

    1. Re:At least they listen to their customers.... by gtall · · Score: 1

      My experience with Sun software is they have a big machine mentality. So they will happily multithread everything whether it needs it or not simply because it wouldn't occur to them to optimize a single thread. That leads to slow software that screws up rewrites. I don't think they have ever understood the monitor and all the subsystems serving it represent a shared resource.

      Gerry

  21. Handy boilerplate, if this GPL continues by Anonymous Coward · · Score: 0, Flamebait

    "The community owes you nothing. Not dignity. Not respect. Nothing."

    That cuts both ways. So please keep the above attitude in mind next time you all are complaining about binary blobs, and unreleased specs, and "whaaa! no one's dumping their proprietary (but working) solutions for our untested, barely documented, and a 1000 eyes couldn't cut it, open source software"

    "The community continually develops and improves a product for free - you take it, modify it, and profit from it. Without them your business doesn't exist."

    Sounds like a reason to NOT depend upon the GPL. Are you certain you're an advocate?

  22. Deals like this with MS seem to be suicide by jpetts · · Score: 2, Interesting

    Is it me, or do these companies not see that for the majority of distros these are simply an complex form of suicide?

    It looks as though they get whispered blandishments from MS that this will make them special and unique, and improve their attractiveness to their customers, but all I can see is that a lot of individuals and SMEs will automatically exclude them from consideration as a distro after the deal is inked.

    An alternative interpretation is that the people who sign the deals stand to make $$$ from the deals, and they see that as better than being YALD (Yet Another Linux Distro).

    I'm likely missing something, of course...

    --
    Call me old fashioned, but I like a dump to be as memorable as it is devastating - Bender
    1. Re:Deals like this with MS seem to be suicide by Anonymous Coward · · Score: 0

      Maybe this will clear the way for a more standardized linux, clear the field a little bit for something like Ubuntu/Kubuntu. Sounds like a lot of BS to me, and how many other small companies have fallen after dealing with Microsoft. I would not be betting any money on Novell or Xandros at this point. I'd tell Bill to go fly a kite. Everyone here knows these software patent stuff is a big load of hooey. Keep the pressure on and get rip of this crap officially. And continue the linux march and eventually rid the human race of the diseased infection that MS windows is. Hehehe... typing this on a Mac, I guess I'm a hypocrite. Oh well I don't take myself to seriously, just like MS and OMG our IP is infringed. Yeah right. Like they ever made something innovative or original. BS ahahha.

  23. Re:I disagree - but I know where you're coming fro by iknownuttin · · Score: 1
    others think that 'the community' is "the developers and the users of the software" (and note that those "users" may or may not be Xandros customers).,p/>

    But doesn't anything that hurts Xandros' customers also hurt the community as you defined them?

    --
    I prefer Flambe as apposed flamebait.
  24. Re:I disagree - but I know where you're coming fro by azrider · · Score: 1

    It looks like this company is actually helping the community. They're eliminating the fear that if their product is used, they, the customer, won't have to worry about the big bad MS coming after them.
    You are exactly right. The customer won't have to fear that MS is coming after them, they will know it for a fact
    --
    And ye shall know the truth, and the truth shall make you free.
    John 8:32(King James Version)
  25. I'm *not* guilty! by suv4x4 · · Score: 1

    Defendant: I'm *not* guilty, I totally didn't kill that guy.

    Community: But.. [looks in a the report paper] why did you bought the judge flowers, then bribed her, then threatened her if "she doesn't behave"?

    Defendant: Have you seen her? She's a very hot chick. I just totally dig her. It's got nothing to do with my case. I mean, we all like a hot chick. You gays or something? I'm disappointed.

  26. You're all aiming for the WRONG TARGET by Sesostris+III · · Score: 2, Insightful

    The target that you should be aiming for regarding these patent agreements is not Xandros, or Novell, or even Microsoft. It should be the borked Software Patent laws that you've got in the US. Fix those, and you'll have no need of any patent agreemetns, or any patent clauses in the GPLv3.

    So, where are the details of the letters you're all sending to your Senators / Congress-people? (You ARE sending them aren't you???) Where is the campaign to change the law? If you lot spent half the time trying to amend legislation that you do bitching about Xandros /Novell, then you might actually achieve something.

    (I can't do anything, as where I'm from we don't have software patents. Software clauses in the GPLv3, or patent agreements between Xandros / Novell and Microsoft mean nothing to me, as they are irrelevant. However, seeing various parts of the Linux community slag into each other because of the uncertainty caused by a borked patent system pisses me off royally - FIX YOUR PATENT SYSTEM!!!)

    Sesostris III

    --
    You never know what is enough unless you know what is more than enough. - Blake
    1. Re:You're all aiming for the WRONG TARGET by kungfoolery · · Score: 1

      Agreed. Again, back to the lawyers. Sheesh.

    2. Re:You're all aiming for the WRONG TARGET by kcbrown · · Score: 1

      So, where are the details of the letters you're all sending to your Senators / Congress-people? (You ARE sending them aren't you???) Where is the campaign to change the law? If you lot spent half the time trying to amend legislation that you do bitching about Xandros /Novell, then you might actually achieve something.

      Letters such as what you suggest will only go one place: the dustbin. That is, unless they're all accompanied by multi-thousand-dollar bribes (oh, sorry, did I say that? I meant "campaign contributions"). And even then, it's doubtful that it'll have any real impact.

      Congresspeople don't care about their constituents. Their constituents aren't the reason they're in office. The reason they're in office is that they had enough in the way of money (which they got from corporate campaign contributions) and good relations with the media corporations to get sufficient media exposure and to avoid getting shown in a bad light by the media. And that's after they struck a deal with the people who run their party and/or the really big corporations to get them onto the ballot to begin with.

      I mean, really. Can you point to any letter writing campaign that wasn't also accompanied by a lot of money changing hands that resulted in any substantive change in Congress' stance on any issue of any importance? No? Didn't think so.

      So please feel free to continue to live in a fantasy world where individual voters actually have real influence over the direction of the government. Out here in the real world, they don't. The system is so completely broken that nothing short of violent revolution will fix it, and that's not even something that can work anymore. Not as long as the government controls all the big guns, anyway.

      Anyway, the bottom line here is that the best way to influence the system is to somehow exert influence over those who really control the government today: the big multinational corporations. That means somehow screwing up their plans for world domination. If that means turning our backs on those small players who are stupid enough to "make friends" with the enemies of freedom (like Microsoft), so be it. And before you label this flamebait for that last remark, think about all the things Microsoft has done to restrict the freedom of their users (DRM, "Genuine Advantage", activation keys, etc., etc.) and examine their current behaviour regarding patents. There's no pro-freedom actions to be found there...

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
  27. Microsoft fail patent legitimacy?That unpossible! by kungfoolery · · Score: 1

    I find it amusing and utterly hypocritical that Microsoft is pulling the IP rights trick. They've literally written the book on such maneuvers. I don't think I have to enumerate them here as the audience is probably quite well versed on this. You can basically write the entire NT kernel and Explorer shell from examples garnered elsewhere - open source or not. Good luck on trying to prove this case, btw. IP is literally a galaxies worth of spiderwebs interspersing billions and billions of lines of code from thousands of companies, educational institutions, Joe-six pack, and yes, even Homer Simpson.

  28. That's what my Mom said. by WK2 · · Score: 0

    Feedback from the Linux community has been on the order of 'you shouldn't really be talking to the devil.'

    Actually, it's "Don't make deals with the devil." And, it's just plain good advice. What were they expecting? Especially since they did the exact same thing Novell did. Why were they expecting results different from Novell's?

    --
    Write your own Choose Your Own Adventure. http://www.freegameengines.org/gamebook-engine/
  29. I am starting to suspect... by McNihil · · Score: 1

    Microsoft will soon go "open source" in a more wide way and are just making sure they pre-emptively strike these licensing deals because their code is already full of GNU and BSD code. So all this is just Microsoft covering their hind quarters.

    1. Re:I am starting to suspect... by fishybell · · Score: 1
      Oh troll, I know I shouldn't feed thee...


      I assume you meant GPL code, rather than GNU code, as GNU is a set of tools, rather than a copyright license. That aside, five dollars to man who finds me some GPL'd code in any Microsoft product not licensed under the GPL.


      As far as BSD code...so what? It's perfectly legal to take BSD code and put it in a closed-source commercial application. They did just that, but can you blame them? If the code is good, why not include it? That was the spirit in which the BSD code was written. If you say otherwise you obviously haven't released any code under a BSD style license.

      --
      ><));>
    2. Re:I am starting to suspect... by McNihil · · Score: 1

      No not a troll... I am speaking of actual code (GNU code existed before GPLv1 so I am hopefully being a bit more thorough in my approach) used in various Microsoft offerings. Remember back "some years" ago when Microsoft were buying up a lot of smaller companies to the left and right? ... How many of these companies were already using open code BUT stripping out comments and licenses at their own whim (thinking in BSD license terms but they were in fact GPL... done that by error myself... back in 1996... corrected 1997)... I would estimate that number to be quite the amount of lines and definitely large chunks of code. Microsoft would not be able to do a thorough check on all their code (remembering that just the OS it self is about 45 million lines.) It is FAR easier to strike these kind of deals don't you think? So yes I see this as a "what goes around comes around" in regards to what Microsoft was/is allegedly indirectly pushing SCO to do. They ARE covering their hinds and NO spin can make it different.

      Btw it is sad to see that you got 5 mod points reply to a 1 point post. Are we not allowed to be against Microsoft in Zonk's posts? or is it that my whole approach is too poignant that the masses should not be able to fathom nor get a drift of it and that it should therefore be relegated as a troll post? btw^2 That was rhetorical.

    3. Re:I am starting to suspect... by boolithium · · Score: 1

      Your right, not a troll; just misunderstanding. We are talking about patients and not copyright. Microsoft can not implement code from any GPL source, even if they do have patient deals with companies. A patient is like "drop down menus", not the code that actually implements it. To copy the code would be illegal. Though any bsd code can be copied without open sourcing. I think the previous reply was trying to correct your understanding in a mean spiritted way, but as I am often told about slashdot snobiness "Are you new here?".

    4. Re:I am starting to suspect... by Nossie · · Score: 1

      patients ? I thought it was MSFT we were talking about not the NHS.... :D

    5. Re:I am starting to suspect... by boolithium · · Score: 1

      lol, I did that twice. Sorry, I'm new here :)

    6. Re:I am starting to suspect... by McNihil · · Score: 1

      612243 Fedora 7 to be more specific)) Microsoft can have billions in the bank and they can have a significant amount of programmers (and so can Apple, Sun and others) but they will completely fail against the "armada" of OSS developers. There is no question about that, only a fool would go to "war" against OSS. I would like to conclude that the faster wall street et.al. understands this the faster both Apple and Microsoft will become irrelevant from a fundamental OS point of view. Our internet civilization requires that the building blocks are fully open so that "infrastructure" can be resilient... humanity depends on it and we would be quite foolish to let ANY corporation to be the sole proprietor of any of it. But I digress into my personal agenda.

    7. Re:I am starting to suspect... by McNihil · · Score: 1

      hmm... html tags....

        612243 is less than 1030728 by a good margin but I guess anyone above 100 is "new here"

      Microsoft can implement or use any of the GPL code that exist as long as they feed any changes done to the code back to the community. This would be perfectly legal, not doing so is bad. So again the reason is even more clear to me why they are after striking these deals. I can categorically say that Microsoft does have code that implements patents that are not theirs and that are most probably held by IBM/HP and where Microsoft is explicitly using GPL code without feeding back changes to the community. So your dismissal that code isn't the issue is wrong, it is very much the issue. The whole event that SCO has hitherto failed to prove anything regarding any infractions is a clear indication on what level of difficulty the entire matter is. So instead of Microsoft being their usual aggressive and just passive aggressive like this, Microsoft can make sure that they are still relevant in a GPL environment. Anybody that has followed the evolution of GNU/Linux closely will without a doubt say that progress is far far greater in the OSS camp then in any other software camp (from my "desktop" point of view the latest distros are at par with Mac 10.3.9 usability... and yes I have exclusively used Linux desktop since 1996 (RedHat1.2

    8. Re:I am starting to suspect... by boolithium · · Score: 1

      I disagree in a practical sense. In order to use gpl code (mind you lgpl is a little different story) you can not link the code to any proprietory libraries. Now in a very practical way, this would mean microsoft could not call their own dll's from inside the gpl source without violating the liscense. This would make it very difficult to use any gpl code even if they did hand back their modifications. Immeadately the project maintainer would complain about any library call that wasn't gpl as well (by the way, this is why the lgpl exists). So if microsoft currently has gpl code in their products they are in violation as they a) never returned the source and b) linked to non gpl libraries, but they still isn't the issue.

      SCO was suing for copyright infringement, claiming that linux implemented their literal code into the kernel. This was proven to not only be wrong, but in some ways the reverse was true. Microsoft however is not bitching about windows code existing in linux, rather windows software technologies being in the linux product. Let me first say, software patents are total bullshit. Now that that's out of the way I continue my arguement. Let's say the compiz/beryl people patented the spinning cube desktop, and microsoft implemented their own spinning cube desktop with completely different code behind it. At this point microsoft would have committed no copyright infringement, however they would have violated compiz/beryls patent. Now this does get confusing cause copyright and patents exist under the 'intellectual property' jargon umbrella. Now I say fuck the 'intellectual property' jargon umbrella', cause software patents are just stupid. The GPL is a copyright protection and makes no assertions in regards to patents, and I think that is the way it ought to be. If Doom had patented "first person space marines fighting aliens", Halo would have not been allowed to be made even though the code is completely dissimilar. That sounds like a stupid example, eh, check out some of the software patents out there. But then I'm sure a guy that's been using linux since redhat 1.2 knows the difference between copyright and patent. Don't puff out your e-chest unless your gonna say slackware, redhat is a bitch distro.

    9. Re:I am starting to suspect... by heybo · · Score: 1

      Actually their code is full of BSD code. Take a Hex editor and look at ftp.exe. Look at the code in UNIX Services for Microsoft. They have always stolen code.

    10. Re:I am starting to suspect... by gtwilliams · · Score: 1

      This has been said before: the BSD license allows proprietary use. It's not stealing.

      --
      Garry Williams
  30. i can't wait for linuxworld... by Blob+Pet · · Score: 2, Informative

    When I go to linuxworld at SF in August, I'm going to have so much fun taunting the people running the Novell and Xandros booths.

    --
    "...today consumers have been conditioned to think of beer when they see a bullfrog..."
  31. Oh, they will have another chance. by twitter · · Score: 1

    That's the nice thing about free software - everyone is always invited to the party.

    GPL 3 is going to sink such deals, so the outcome is little more than noise and some M$ money in Xandros pockets. Sure I'm disappointed, but I'm not going to let it worry me.

    --

    Friends don't help friends install M$ junk.

  32. Re:hmm by Blob+Pet · · Score: 1

    These deals with MS go against the spirit of GPL. Attempting to provide protection for unspecified patent claims puts open source projects under undue clouds of FUD - exactly what MS wants. Novell and Xandros have played right into MS' hands and are rightfully being chastised. Seriously, I could see how one linux distributor might fall for this, but Xandros had to know that there would be damaging backlash. Just how dumb could they be?

    Changing the GPL is the only defense available to the community. Besides, how do you propose that the open source community find out what MS patents, if any, are being violated? Until MS provides proof, there is no other recourse.

    --
    "...today consumers have been conditioned to think of beer when they see a bullfrog..."
  33. Re:I disagree - but I know where you're coming fro by Blob+Pet · · Score: 1

    In the end, they aren't helping anybody. They are, in effect, affirming all the FUD that MS has generated about Linux violating their software patents. The community can potentially get screwed over because anyone not using Novell or Xandros are then subject to lawsuits.

    --
    "...today consumers have been conditioned to think of beer when they see a bullfrog..."
  34. Re:hmm by NewbieProgrammerMan · · Score: 3, Interesting

    Come on in stead of finding out if linux really does violate microsofts patents and fixing them...

    Well, I've not been following this whole thing very closely, but I do recall seeing the frequent complaint that Microsoft refuses to identify which patents are being infringed upon. Given that Microsoft probably holds thousands upon thousands of patents, I expect that it's not reasonable to expect the Linux community to proactively slog through them all and make sure all violations are corrected.

    If I understand correctly, at least part of the burden is on Microsoft to defend their patents. I'm sure if they provided a list of the violations, the community would take care of the violations. It just seems to me that not releasing the list means either (1) there's not really any substantial violations, or (2) Microsoft just wants the spectre of patent infringement hanging over Linux as long as possible. Or maybe a little of both.

    Just my uninformed two cents, though...take it with a block of salt.

    --
    [b.belong('us') for b in bases if b.owner() == 'you']
  35. Re:hmm by arthurpaliden · · Score: 2, Insightful

    And you have the list of these patents that are contained in GNU/Linux so that we can remove said code.

    Or baring that do you have the Microsoft source codes so that we can look them over and find the infrigments ourselves.

    I thought not.

  36. Never will be? by mbessey · · Score: 0, Troll

    Do you happen to have a reference for that claim? Has anyone from FSF ever publically stated that they have no interest in making the output of GCC covered by the GPL?

    Given Stallman and the FSF's recent power-grab with the "anti-tivoisation" language in the GPLv3, why wouldn't they change the license such that anything compiled with GCC is automatically covered by the GPL, as well?

    1. Re:Never will be? by statusbar · · Score: 1

      Do you have a reference for your claim that GCC generates derived works or may be modified to? Stallman has publicly supported different licenses for different projects - including the BSD license for specific situations.

      FSF/GNU own the copyright to GCC... They can do anything they want with it. Just like microsoft had at one time special wording in their Visual C++ license saying that you were not allowed to create a competitor to Word/Office with it.

      --jeffk++

      --
      ipv6 is my vpn
  37. George Selden would have enjoyed this by Scareduck · · Score: 1

    Henry Ford spent a not inconsiderable sum invalidating the patents of one George B. Selden, whom many auto manufacturers simply paid off just to be rid of him. Ford correctly foresaw the legal and financial troubles that would pursue him were he to simply pay off Selden, and beat him even though it meant spending a sizeable amount of money and despite the fact that there was only a year left on the patent at the time Ford finally won in appeals court.

    --

    Dog is my co-pilot.

  38. These deals are not meant to "eliminate" fear by walterbyrd · · Score: 5, Insightful

    Just the opposite.

    Msft wants the public to believe that *only* novell and xandros can be used without fear. Where does that leave redhat, which has about 75% of the enterprise market? Or Debian, or Ubuntu, or Mandrake, or Slackware?

    The very fact that these deals are made makes Linux look dirtry - which is of course the idea. These companies take msft fud money to help msft imply that linux is a legal mine-field.

  39. Re:I disagree - but I know where you're coming fro by burnin1965 · · Score: 3, Interesting

    They're eliminating the fear that if their product is used, they, the customer, won't have to worry about the big bad MS coming after them.

    And exactly what is the Xandros product? Just an FYI, Xandros does not own linux, they distriute linux which is licensed to them by the owners of the copyrights under the GPL. The Novell and Xandros deals are BS because they are linux distributors and at best a small player in the development of linux.

    From the base of the kernel source code I ran an egrep -ir "Xandros" * | egrep "Copyright" and came up with nothing, for Novell there was only one. If you try something like "Red Hat" or "IBM" or "Hewlett" you come up with a list of multiple copyrights.

    So is Microsoft signing a deal with Xandros to not go after their customers for the services that Xandros provides? Its definitely not for any Xandros intellectual property.

     

    wasn't this the exact same issue that kept folks from adopting Linux when the whole SCO thing was just getting started because they were afraid, and rightfully so, that SCO would come after them?

    It is the same issue, both are based on posturing rather than facts, linux adoption did not stop, and there was no reason to fear The SCO Group unless you were a previous customer of the original SCO. The SCO Group professed loudly the same threats in the press but in the end they didn't go after a single linux user, they went after their own customers who did business with them in the past.

    So if The SCO Group is any hint of what will happen its likely the people who are signing deals with Microsoft are the ones who will get screwed.
  40. Are you aware of msft's history and reputaion? by walterbyrd · · Score: 3, Informative

    We are talking about a company that outright lied the USA-DOJ, and the EU, A company which has been caught red-handed in numerous scams, and outright theft. A company with a very well documented history of numerous mis-information campaigns.

    Msft is funding the scox-scam, stold stacker technology, hires bloggers to post msft propaganda, hires shill journalists like Enderle, files dozens - if not hundreds - of bogus patents, and creates fake think-tanks. Msft is currently running a enormous fud campain against ODF - and ruined the career of Peter Quinn along the way. Msft has been caught secretly sponsoring fake TCO studies, and fake benchmarking studies.

    Not to mention tax scams and racketeering.

    Msft astroturfing:
    http://lxer.com/module/forums/t/24514/

    Fake TCO:
    http://os.newsforge.com/print.pl?sid=05/06/23/2027 229

    Microsoft Tax Scam
    http://multinationalmonitor.org/hyper/mm1297.08.ht ml

    Bestbuy rackteering
    http://consumerist.com/consumer/lawsuits/best-buy- attorney-admits-to-falsifying-emails-in-racketeeri ng-case-266395.php

    1. Re:Are you aware of msft's history and reputaion? by Anonymous Coward · · Score: 0

      Makes you wonder if in the grand scheme of things; does MS really care about the customer? And 'are these good business practices that will ensure the longevity of the company' ?

  41. How do we find out if linux violates a ms patent? by walterbyrd · · Score: 1

    When msft won't specify anything?

  42. Re:hmm by dwandy · · Score: 2, Interesting
    I've thought about this before ... anyone have any kind of inkling as to
    - how many patents does MS have? or how/where to find out? can they be electronically leached somehow?
    - how easy are they to turn from legalease technojumbo to english?
    - what kind of effort it might take to review each one?

    Maybe an MS patent wiki is in order.
    Start with (hopefully) an automated dump of all patents into a wiki of some sort where people can read them, and link to prior art, and/or state whether this might be in use by OSS somewhere... that way we can work to invalidate on one side and assess and remove possible risks on the other.

    If this becomes a community effort then perhaps it can be dealt with more manageably ... anyone know how to get it started?

    --
    If you think imaginary property and real property are the same, when does your house become public domain?
  43. As one of their former customers... by HangingChad · · Score: 1

    I think that as long as companies like Novell and Xandros keep thinking of the community of only being made up of their paying customers, they are missing the point of free software and ultimately will be missing out on the crucial developments that they require to maintain profitability.

    It goes a little deeper than that for me. Myself and many fellow Xandros users spent hours helping each other out and paying Xandros for their distro in the perhaps naive belief that we were helping make Linux profitable and approachable. That paying a company to pay developers would speed along the adoption.

    And Xandros pays us back by getting in bed with Microsoft and tops it off by acting surprised when we start installing Ubuntu over the Xandros partition.

    Can you say "Duh!" boys and girls? I knew you could!

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    1. Re:As one of their former customers... by mrbcs · · Score: 1
      Agreed. They also show us their true colors by making it so Xandros won't work with Debian sources. When they turned into the Microsoft of Linux I dumped em too.

      Version one would install almost anything from debian sources. In version two, Xandros would scream and holler and then finally screw up totally if I tried to install kpackage. I was not happy... I wanted it so I could install BZflag. Kpackage was normally like a 1 meg install... damn thing... installed for almost an hour then screwed up half of Xandros. Then I read that if you wanted to run something in Xandros, they would take requests and make it work for you. Screw that. Assholes. Stopped selling their shit and never looked back. Still have 3 unopened cds of version 2 on my shelf.

      --
      I'm not anti-social, I'm anti-idiot.
  44. Two way agreement. by DrYak · · Score: 1

    There's a subtle difference between the Mafia and Microsoft lately :
    - Mafia ask only money for protection.
    It's a one way transaction.
    Also note that the Mafia is known to have really attacked non paying victims.

    Microsoft usually make a two way transaction :
    - You pay us and we promise we won't crush you for reasons that we can't even show, but believe us there are 253 of them.
    - We pay you a big wad of cash and you'll work with us on interoperability (so we'll have some proof to show the EU ? or so they want to get better interoperability in a market where they don't have monopoly and where their products are challenged - the server market ?)
    Money goes both ways, and usually the net result is massively in favour of the Linux company.
    Also note that a lot of people seriously doubt that Microsoft could really sue anyone on that grounds.

    So my opinion :
    - I'm not sure the GPLv3 violation are that serious. For the GPLv3 to be violated, Microsoft has to be able to selectively sue some users, while other will be under protection. Microsoft has yet to prove that they can actually sue.
    - The net direction of money is a flow that is being injected into development. Specially cross operation, which is actually useful.

    Technically Microsoft is currently funding their adversary for a feature that their client has always wanted.

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
    1. Re:Two way agreement. by livewire98801 · · Score: 1

      That's like Microsoft making billions from destroying countless innovative corporations and personal developers' projects, then having Mrs. Gates give away money and getting people to call Bill a philanthropist.

      Wait a minute. . .

      --
      "He may be mad, but there's method in his madness. [...] It's what drives men mad, being methodical." G.K.Chesterton
  45. Not quite... by Eric+Damron · · Score: 3, Insightful

    "They're eliminating the fear that if their product is used, they, the customer, won't have to worry about the big bad MS coming after them."

    No, they're trying to create fear that Linux contains their IP. They want to eliminate all free as in beer versions of Linux. This is just step two of their plan. The SCO litigation was step one.

    --
    The race isn't always to the swift... but that's the way to bet!
    1. Re:Not quite... by Dan+Ost · · Score: 1

      I think that Linux and the Linux community have been made stronger by the whole SCO fiasco.

      Let's hope that phase 2 of Microsoft's plan is equally successful.

      --

      *sigh* back to work...
  46. And in response by boolithium · · Score: 2, Funny

    And in response to the ceo's statements the linux community responded with "Who the fuck is Xandros? I mean does anyone actually use this distro".

    1. Re:And in response by revengebomber · · Score: 1

      Xandros is that giant floating head thing. Do a barrel roll!

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
      45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
  47. to Debian developers by alizard · · Score: 1

    Any chance of unplugging Xandros developers from Debian repository access?

    1. Re:to Debian developers by Anonymous Coward · · Score: 0

      Yeah, that's the open-source spirit! Cut them off from the repository!

      Oh how quickly the open-source community becomes the closed-source community; 'we want to offer the world our stuff for free to make whatever they want with it, EXCEPT when they do whatever they want with it.'

  48. Same old by deathguppie · · Score: 1

    Microsoft deals with other businesses. Open source developers are just a loose cannon to them.

    The first part of this strategy from my point of view, would be to relegate where developers can release source code, and through whom. That way they can contain any threat (or perceived threat) from the open source community without having to search for someone to sue. Secondly by writing up cross licensing deals with other companies, Microsoft is able to show that there is value , and therefore a recognizable loss when it comes time to collect on thier IP debt.

    Microsoft does nothing out of the goodness of it's heart.. it has no heart.

    --
    once more into the breach
  49. One Day They Came... by cmarkn · · Score: 2, Interesting

    First they came...
     
    First they came and they took Novell
    And I said nothing because I did not use SuSE
    Then one day they came and they took the people of the Xandros faith
    And I said nothing because I had no faith left
    One day they came and they took LG Electronics
    And I said nothing because I had no Xbox
    One day they burned Open Office.org
    And I said nothing because I was born to use Emacs
    Then one day they came and they took me
    And I could say nothing because I was as guilty as they were
    For not speaking out and saying that all men have a right to freedom
    On any land
    I was as guilty of genocide
    As you
    All of you
    For you know when a man is free
    And when to set him free from his slavery
    So I charge you all with genocide
    The same as I
    One of the 18 million dead Jews
    18 million dead people
    -- from Charles Mingus, after Martin Niemöller

    --
    People should not fear their government. Governments should fear their people.
    1. Re:One Day They Came... by Anonymous Coward · · Score: 0

      Sir,

      Please seek help, or better yet, visit one of the Holocaust museums In the US, or Europe. To even consider using Martin Niemoller's famous poem and change it to be about some branded software products is beyond sad. If you somehow feel justified making comparisons between trademarked products and the deaths of millions of people, I urge you to take a step back and contemplate what the totality of the words you destroyed really mean.

      What you have have so blithley typed above is bilious to the remaining surviors and to their families, and frankly to all men and women of conscience.

      Shame on you.

    2. Re:One Day They Came... by Wudbaer · · Score: 1

      To even relate some (admittedly shady) license deals between some minor Linux player and MS with the Holocaust or genocide in general is not only somewhat tasteless but impossible to take seriously. If some people around here wouldn't be such drama queens and take themselves and their movement much too seriously it would make it easier for them not to be taken for some nutjobs in the non-technical world (which has to happen if you ever really want to make a change in patent law and how MS and its deals are perceived in the general public).

  50. Is Xandros the alien that Scientologists worship? by walterbyrd · · Score: 2, Funny

    Or something like that?

  51. GPL 3.0 does *not* prevent these types of deals by Gutboy · · Score: 3, Informative

    From the article: "Indeed, the Free Software Foundation is rewriting its GNU General Public License (GPL) 3.0 to prohibit such patent deals in the future." GLP 3.0 does no such thing. What it does is extend any such patent protection deals to all users of the GPL 3.0 software, not just the group that made the deal.

  52. Re: I disagree by Dolda2000 · · Score: 2, Interesting

    But doesn't anything that hurts Xandros' customers also hurt the community as you defined them?
    Be that as it may, you may notice that noone has yet (to my knowledge, at least) been hurt from Microsoft's patent threats. However, the very act of Xandros and Novell signing this deal with Microsoft very much hurts the community at large. Not only does it seems to lend credence to Microsoft's claims, but even worse: It essentially enforces the Microsoft tax even on Linux sales! It means that Microsoft still get their income even when people are switching away from their products. It is also money that does not get donated to various open source developers (but instead given to what many of them would consider their worst enemy). A deal like this really is like stabbing the community in the back, in every possible way. It may (or may not, one could just as well argue) be good for Xandros' customers, but for the rest of the community (which, mind you, actually makes Xandros' product), it doesn't just lack goodness; it is really ugly.
  53. no suprise by jakeroberts · · Score: 2, Interesting

    Hello, it only helps to prove that Bill is starting to worry a little more about Linux Now that it is becoming competitive. Also, they are using a well known strategy by attempting to coerce and subdue and enemy they can't beat outright. Rome wasn't deposed by any mighty army but instead consumed from within by people who didn't care about Rome at all. All Microsoft has to do is screw Linux up enough to make the average desktop user sensitive to FUD and they will have snuffed the Linux revolution from within.

  54. Handy arrogance, if modesty doesn't work. by Anonymous Coward · · Score: 0

    "When the critical pieces are removed from these systems then they have no more product to distribute. Maybe they'll move on to BSD or something else."

    Well no one ever said that RMSers were modest. You seem to be under the impression that the world needs GPL software more than GPL software needs the world.* Nothing could be farther from the truth. The world has been doing just fine before there was ever the GPL. It has been doing in the majority fine with it's proprietary and non-GPL software in the meantime. It's nothing but arrogance to believe that you can hurt the world more than it can hurt you. e.g. patents. At best the GPL will go back to kernel 1.0 levels. All because RMSers believe they're gods gift to the software world.

    *Make note that only the GPLers are the ones beating their chest. All the other licenses are doing what they do best. Create and give away.

  55. Goodbye Xandros! by ylikone · · Score: 2

    It was nice knowing you. Too bad that a single bad management decision killed you. Bye bye now.

    --
    Meh.
  56. Re:I disagree - but I know where you're coming fro by Ragingguppy · · Score: 2, Insightful

    Yeah I agree. These guys don't see the damage that they are doing by signing such a deal. They are giving Microsoft legitimacy to bully people in the community. The companies of Xandros, Novell and LG will never be free of Microsoft who provides them with no benefit when it comes to the Linux Community if they keep doing this. I guess they don't realize that what the community is fighting for is ultimately better for them then what Microsoft is offering.

    The reality is that software patents are bad for the Software industry as a whole. It will be the undoing of the industry creating a situation that even Microsoft won't be able to afford to operate in. What benefit will they have when they have to pay company X for one patent and then company Y for another patent and company Z for another patent and company Q for another patent. Its a situation that will bring even Microsoft down. I wouldn't be surprised if Windows already violates thousands of patents today while they are professing their fictitious patents against Linux. The way the US Patent office has been filing such patents has probably already created such a situation. Pretty soon the only places where people will be able to innovate is places like Canada where Software patents are not recognized by the Legal System.

  57. You're all aiming for the WRONG TARGET-diapers by Anonymous Coward · · Score: 0

    "I mean, really. Can you point to any letter writing campaign that wasn't also accompanied by a lot of money changing hands that resulted in any substantive change in Congress' stance on any issue of any importance? No? Didn't think so."

    Uh, huh. Interesting little "outs" you're leaving yourself.

    We need to have an inside proving that money DIDN'T change hands. assuming you'd believe it anyway.

    There's that little "substantive", and "importance". Hopefully our proof will be earth shaking enough for you?

    "Letters such as what you suggest will only go one place: the dustbin. That is, unless they're all accompanied by multi-thousand-dollar bribes (oh, sorry, did I say that? I meant "campaign contributions"). And even then, it's doubtful that it'll have any real impact."

    Just one thing. When the shit hits the fan. Don't be standing anywhere near me. I'll be needing someone with courage, and you're not it.

  58. OT: "Xandros" != "Xenu" by Captain+Sarcastic · · Score: 1

    "Xenu" is the name of the alien overlord that caused all of the problems that Scientologists claim to fix with their "tech".

    However, it is interesting to note the methods used by Microsoft seem to match what L. Ron Hubbard said was the way to deal with critics of Scientology. First off, you accuse them of various crimes or violations. Then, when accused, one announces publicly that they welcome an investigation of their critics.

    So, to hammer the comparison home with a tac-nuke, Microsoft accuses various Linux distros of unspecified patent violations, then upon being countered with "Which violations? Put up or shut up," Microsoft then announces that they would welcome an investigation of these distributions for violations of their patents.

    Repeat until said distros either settle or are bankrupt.

    Now, I'm sure someone is going to suggest that I'm accusing Microsoft of being a tool of Scientology. I don't believe that - I simply think that they saw a slimy-but-effective tactic, and decided to duplicate it.

    (And for my personal beliefs about Scientology: I don't think it's any better or worse than many religions. The way it is being organized and run, though, appalls me.)

    --
    Strike while the irony is hot! -- The Freethinker
  59. Re:I disagree - but I know where you're coming fro by aichpvee · · Score: 1

    I hear Soviet Russia might also be a good safe haven for innovation. Word has it that there patents innovate you.

    --
    The Farewell Tour II
  60. Xandros doesn't care, that w by Anonymous Coward · · Score: 0

    I was an intern at Xandros and that quote sums it up nicely, they really don't listen to the engineers when it comes to a lot of decisions. They really base all their decisions on what people are asking about and often pursue "check mark features".

    But to be perfectly honest, I'm glad that's how it is. Xandros is really the only Linux distribution I'd be comfortable recommending to my dad because it just works. With Crossover Office and all the perfectly ingrained little tweaks like working flash, Adobe Reader, realplayer, etc. out of the box, the experience is pretty seamless for a non-technical windows user. Ya ya sure, you can make Ubuntu do all those things and I use kubuntu myself, but I don't trust a complete novice to work with ubuntu or any other distro and come away with the good experience that Xandros gives.

    So ya, when you get angry that they're ignoring that vast open source movement that makes all their applications, in reality, they see you as just another idealistic propeller-head, just like most normal people do. They just want to get things done and this deal helps them do that.

    Posted anonymously for obvious reasons.

  61. Re:I disagree - but I know where you're coming fro by aichpvee · · Score: 1

    I was using a windows desktop today. You're in for a long wait before that license talk, buddy.

    --
    The Farewell Tour II
  62. Protection Money by bill_mcgonigle · · Score: 3, Insightful

    That's what insurance is.

    The difference between insurance and protection money is that the insurance company isn't threatening to burn down your store.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  63. Give me a break! by John+Jamieson · · Score: 1

    Oh, Give me a freaking break "Anything that suggests Microsoft is doing something good is immediately shot down."?

    I am one of many /. readers that would love to jump up and down praising MS (or any other vendor) for doing good. The problem is that so few do "good". MS in particular has kept a smile off my face much longer that and human should let a corporation affect them. It is just as a developer who uses the products on a semi regular basis, I can't totaly escape (yes, I even have a MSDN sub).

  64. This is good for Linux and Computing in general. by John+Jamieson · · Score: 1

    This cruisade seperates the wheat from the chaff in the Linux world, and makes it clearer to all what MS has become.(sadly)

    When the moral decay and corruption breaks through the glossy corporate veneer, we finally have to address what they really are, this is a good thing!

  65. desktop linux the target by krayfx · · Score: 1

    i guess Micro$oft is going after companies who make good desktops for linux. if you notice, both xandros and novell had excellent desktops. maybe they're very scared after dell started talking to canonical. maybe dell is only one of the scores of vendors tired of being dictated by MS; so MS knows very well that others might start 'idea forums' to ask people what they prefer, and the vocal linux community might just ask for linux :)

    Ive used open-suse before they made the deal with the devil, i left it for principle mostly. although i do not regret shifting to kubuntu which seems to be really fast and agile, easy to maintain desktop right now (as opposed to Novell's kitchen sink, commode & bath-tub distro, im glad i got rid of the flab).

    who's next canonical ?

    1. Re:desktop linux the target by dsieme01 · · Score: 1

      Good point. I think M$ knows they have lost a large chuck of the server market. Only by doing insane things like horse shoeing software inoperability in will they keep the server market tied up. The deskop is really the big holy grail of money. At $300.00 a copy for M$ office and $100 a desktop for Windows they really can afford to do just about anything to protect these markets. The deal with Novell & Xandros may also be about protecting about their technology. Maybe they volate patents in OSS software as well.

  66. Yet another money hemorrhaging linux company by Hohlraum · · Score: 1

    decides to sell out to M$. Honestly, its fine with me. Less company products to even consider when we need to make a purchase for our department.

  67. Microsoft troll here by Anonymous Coward · · Score: 0

    Reminding you to PAY YOUR LINUX TAXES! You need to pay for good things, like a good little consumer. They didn't teach you that in school?

  68. Sounds a lot like... by saxoholic · · Score: 1

    Did anyone ever notice that Xandros sounds very similar to Xanatos, the last name of the villain from the television cartoon series, Gargoyles? I'm not sure how I feel about that.

    1. Re:Sounds a lot like... by Anonymous Coward · · Score: 0

      Did anyone ever notice that Barack Obama sounds very similar to Iraq Osama? I'm not sure how I feel about that.

  69. Re: I disagree by livewire98801 · · Score: 1

    I don't know if I just didn't read enough fine articles or what, but I'm still not sure what this hush-money is actually FOR. I know what kind of net affect it's having on opinion (though openSUSE is still doing pretty well on distrowatch's HPD ranking), but I don't know why the money is changing hands. One /. post indicated that the newest release of SUSE didn't have some of the features that we all figured were now covered by protection money.

    This new activity makes me very nervous. Like a known enemy suddenly having lots of trucks moving around from factory to factory. . . I wanna know what's really going on.

    --
    "He may be mad, but there's method in his madness. [...] It's what drives men mad, being methodical." G.K.Chesterton
  70. Re:hmm by ozmanjusri · · Score: 1
    If this becomes a community effort then perhaps it can be dealt with more manageably ... anyone know how to get it started?

    It's an excellent idea in some ways. Not too hard to find Microsoft's patents:

    Search Results for microsoft
    Results 1 - 70 of 23926 (0.27 seconds)
    http://www.patentstorm.us/patents/search-results.h tml?search=microsoft&imageField2.x=11&imageField2. y=15

    The problem is that with these agreements Microsoft is creating an interlocking mesh of agreements intended to prevent newcomers entering the market and to stifle small players. For a patent-invalidating wiki to succeed, you'd also need to go after Microsoft's partners - Novell, Xandros, LG, etc etc

    It might be worth doing anyway just to show how ridiculous most of these patents are, but I suspect it'll be too late to save FOSS as we know it.

    --
    "I've got more toys than Teruhisa Kitahara."
  71. Xandros just doesn't get it by charm36 · · Score: 1

    [Typaldos] is disappointed with the reaction they've received from the open source community. I hate to slag a company promoting open source software, but it seems to me that Typaldos, and Xandros just don't understand free software, if he[they] did, they'd understand what's wrong with the deal. Xandros claims that they're doing this at their customer's request, but most people who understand free software understand it's about freedom(s). Jeremy Allison said it well in his Novell resignation letter these deals "violate the intent of the GPL licence." If your customers start thinking that you don't believe in the freedom's the GPL offers then you've lost a lot more than just money, you've lost the trust of your customers.
  72. click by nexxu · · Score: 1

    They keep on going for the ~idiot~proof type of operating system... so we are safe :)) click clickclickclickclickclickclickclickclickclickclick ...

  73. This is exactly what the deal wants by Anonymous Coward · · Score: 0

    At the moment, there are many people in europe who completely ignore the US patent system. SW patents are already absurd and deserve no more time wasted even talking about them.

    The big companies (MS, SIEMENS, even IBM) *like* patents. They kill the little developer and knowledge is property of the richest.

    Such deals as the OIN (open invention network) and MS/Novell and, etc are only used to *lure* open source developers into accepting sw patents. Because "now that we have OIN on our side, software patents are *good*". Despite the absurdity of the issue.

    So this whole deal is done to pass the message that sw patents do exists and that certain businesses and their customers take them very seriously. so everybody should just accept this fact, etc, etc.

  74. Re:How do we find out if linux violates a ms paten by Anonymous Coward · · Score: 0

    MS is extorting protection money and also creating doubt in the minds of many (why would these companies buy insurance if they didnt think linux infringed?).

    Someone with deep pockets (an ibm or redhat) needs to fund someone who can legally repsond. a legal case would test MS on the evidence of their claims and clarify for the industry the risks associated with using Linux.

    I see these possibilities. even if not successful getting to the discovery would be very useful and would be watched very closely.

    1) tortious interference with contract. MS statements affect company's relationships with vendors such as redhat, on this basis these vendors are proper plaintiffs to an action that is contractual in nature. this is better because a company cannot generally be a plaintiff to a tortious libel.

    2) MS statements can ammount to a personal libel against a GPL developer such as Linus or RMS himself. Companies and associations generally cannot defend against libel. however an individual representing a group can be a proper plaintiff to an action if the imputation can be seen to be enveloping that individual in its bound. ie Is MS alleging Linus has wilfully included patented IP in the kernel?

    3. against the owener of the linux trademark. MS is hurting the linux trademark. i dont know if the owner of the linux trademark can claim on the damage to reputation but i suspect there is likely some legislation (not common law) covering this possibilty.

    please anyone who understands the legal issues better than me, repsond and correct me on any of this since i am very interested in the technical possibilities.

  75. Right. MS likes Linux, hates *free* Linux by Rob+Y. · · Score: 1

    Note how these deals are being made with commercial Linux vendors. And only the ones that have not made a success of it financially. Red Hat isn't interested. And Microsoft either isn't approaching developers directly or they're not interested either.

    Microsoft wants one thing out of all this patent nonsense - for Linux to no longer be considered viable as free beer software. For them, that's the driving force behind all of these deals. They don't really care about interoperability, but they don't mind it either - as long as they can eventually price-gouge their way to the top. And as long as Linux is free, they can't.

    The commercial distros are in a funny business. They take free software and try to make a living selling and supporting it. It's not illegal, it's not evil. And the GPL guarantees that it provides some benefit to the community at large. But essentially, these guys are on the same side of the fence as Microsoft. They want to sell software. They understand that they have to live with the fact that the software they sell is available legally for free - after all, that's how they got it. But that doesn't mean that they like it.

    Red Hat is a different case. They got to the top first and are able to make money based on a combination of quality, stability, playing by the rules and, not incidentally, staying mostly out of Microsoft's way on the desktop. They understand that it would be to their great disadvantage to join the Microsoft protection racket, and they don't really have much to gain from it either. That's lucky for us.

    Ubuntu is still living off of its status as a billionaire's plaything. That works out okay for us too.

    But Novell has to make a living, and their business competes directly with Microsoft. If they were able to show Red Hat's consistent growth, their need of the community might outweigh their need of Microsoft's dollars and co-marketing. The patent thing's a red herring for them, but they're also not averse to wiping out the market for free Linux. At some level, they must realize that wiping out the market for free Linux means wiping out Linux, and with it, Novell. But they're a public company, and they can't afford to thing anything like long-term. And there's the other dirty secret about public companies. Their leadership has lots of incentives to rake in short-term gains, and rarely sticks around long enough to be penalized for their bad decisions.

    So expect more of this until which time the patent issue goes away - either through changes in the law or a counterthreat from the likes of IBM.

    Speaking of IBM... I think that's where the future of Linux lies. As a free 'razor to sell the blades' part of a total hardware/software/support offering. Only in that context are there no incentives to work against the free nature of Linux. And in that context, there are also serious incentives to work toward the standardization that's a vital (if controversial) need for Linux to make the leap to the desktop.

    And then there's TIVO. They're the good guys here too. They do nothing to harm Linux, they give back their improvements (assuming they make any - I assume they do). And they have a business model that isn't threatened by free Linux. So why are the GPL3'ers so against them? Because they don't give their hardware away with their software. That would be nuts, and it's nuts to expect that from them. Hardware has a cost. They subsidize that cost by selling a service. You may not like their business model, but it doesn't hurt Linux one bit. If you don't like it, don't buy a TIVO.

    --
    Posted from my Android phone. Oh, I can change this? There, that's better...
  76. Temporary protection anyways? by daboochmeister · · Score: 1
    Caveat - I have many copies of SuSE running on my blade farm -- all bought before the MS-Novell deal, with no concerns about patent infringement. So I'm not concerned about this -- my comment goes more toward understanding the basic logic of the deals being struck.

    I've never understood the reasoning that a business is protected from patent suits. Isn't it true that after any of these deals expire, the company is subject to suit? What good is that? ... it's akin to Microsoft herding users into lawsuit-holding-pens. You can see the scenario playing out -- "You will now be sued ... unless of course you migrate to our Windows OS, employing the compatibility and migration tools that have been refined during our 5-year trojan horse relationship w/ LInux."

    Even if you're covered from suit in perpetuity for licenses bought during the period the deal was active (and I don't know if that's the case or not), eventually you have to upgrade, and they can get you at that point, no?

    --
    "Ahh! I see you're in that indeterminate Schrodinger state where - oh, uh ... never mind." Dave Bucci
  77. Re:This sucks. NOT! by Anonymous Coward · · Score: 0

    No, it's not a real possibility that Linux infringes on MS patents. Just a bunch of smoke and mirrors by Microsoft - what else is new? I won't ever use Suse or Xandros linux because no, I don't trust MS at all. When a company that is supposedly creating or selling 'open source" enters an arrangement with a 'closed source only' company such as MS, that company or organization cannot be trusted by the majority of Linux users. This is kind of like the oil industry making a deal with an electric car company. It just smells bad.

    MS will never be able to stomp out Linux. Linux has been around longer than MS and will be around when MS angers people enough to just not use their products anymore. As far as patent infringement is concerned, a 'bluff' by MS frightens Suse and Xandros linux enough to sign the devils contract pre-determining their own demise in the open source world.

  78. Your still a sell out. by heybo · · Score: 1

    "In the last six months, we have been delivering BridgeWays and the focus is to tell customers, who really do not want to be boxed into Windows or into one version of Linux, that they have freedom of choice. And to manage all of that stuff, they don't need to learn a different product every time," said Typaldos.

    Just how can I be Linux locked in? Their all free. If I don't like one I wipe it out download another distro and load it. Yes where I work as Senior Engineer of a data center we use only one distro of Linux (Fedora) but this is to keep a commonality of management of the systems. If we decide to go to Gentoo tomorrow well load them up. The apps running on Fedora will go on Gentoo just fine.

    You think this is such a non-issue. We did have 15 Novell servers. When Novell struck the deal with MS they were all gone and replaced with Sun OpenSolaris. Also gone are the days of doing FREE beta testing for Novell as we had done in the past.

    Typaldos you forget who GAVE to you the code that you have built your business on. People like me who have given countless hours of work to build Linux into what it is. Well you may be able to sell your slick words to a CIO who's only knowledge about networks he got from PC Mag, but people like me that built the code your business runs on will bury you. I'll be glad to see when the GPL3 come into play maybe then I'll have some protection for my work I do "For The People" for free from the likes of you.

    Our company used to say "Yes we support all types of Linux." It got changed to "We support Linux except Novell." Now its "We support Linux except Novell and Xandros." Humm your slick words about "User Lockin" What about Distro Lock-out?

    I would say think about this but even if you did and changed your mind its too late you will end up being another dead distro. I know that MS paid you enough to retire somewhere nice some whats to worry for you. I really only have two words for you (kind of like binary) one starts with F the other ends in U.

  79. I never made any claims by mbessey · · Score: 1

    I was just responding to someone that claimed that GCC's output wasn't covered by the GPL, and never would be. Last year, you could have said that the GPL didn't put any restrictions on hardware developers in terms of how they implemented security for their products. Now the GPL v3 does exactly that (with weasel words about which hardware might or might not be immune to the new restrictions).

    "FSF/GNU own the copyright to GCC... They can do anything they want with it."

    Well, yeah - that was exactly the point I was trying to make. It's irresponsible for someone to claim that anything related to the GPL is absolutely not going to change. In addition to the general case of not making absolute statements, the FSF has made it clear that they're planning to change GPL however they need to to respond to what they consider "new threats to user's freedoms".

  80. Misusage of market-dominating position by Nulli0.9 · · Score: 1

    I wonder why the government does not become active. I think MS misuses its markt-dominating position with their patent threats. Linux only brakes several MS-patents because it wants to support several crappy standards of MS which a lot of people use (like .NET, Word-DOC, Win32, fat,...). Those standards are not very innovative but exists mainly because of MS's monopoly.

  81. Who honestly uses Xandros anyways?!? by Romxero · · Score: 1

    Honestly I installed the demo, got soo fed up with it, DEA formatted my partition and installed slackware to feel comfortable again. Xandros sucks!! Suse is ok though, but SLOW, stable but very slow. Fedora still kicks arse