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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."

18 of 156 comments (clear)

  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. 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.
  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."
  5. 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 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.

  6. 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.'"
  7. 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.
  8. 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."
  9. 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']
  10. 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.

  11. 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.
  12. 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

  13. 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!
  14. 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.

  15. 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)