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."

Comments

I disagree - but I know where you're coming from.

[iknownuttin]

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.

Let's put pressure on MSFT to put up or shut up

[christian.einfeldt]

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

Re:Let's put pressure on MSFT to put up or shut up

[gujo-odori]

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.

Re:Handy boilerplate, if this dumb trend continues

[wwrmn]

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.

i can't wait for linuxworld...

[Blob Pet]

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.

Are you aware of msft's history and reputaion?

[walterbyrd]

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

GPL 3.0 does *not* prevent these types of deals

[Gutboy]

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.