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Open Invention Network Calls Out Microsoft
Stony Stevenson writes with news that the head of the Open Invention Network has summarily dismissed Microsoft's claims that Linux violates a number of its patents. Calling the move 'clear FUD', Jerry Rosenthal calls them out by asking for Microsoft to disclose the patents they are worried about. His argument is that if the patents are something to be proud of, if the software giant feels they're sure to succeed in court, there's no need for behind-the-hand namecalling. "Rosenthal believes that, if there are grounds for patent infringement, there would either be easy workarounds or the open source community would find 'prior art' which would invalidate the patent. OIN buys patents on the open market and makes them available to companies royalty free, so long as those companies pledge never to use their own patents to attack open source code.The organisation was set up by IBM, NEC, Novell, Philips, Red Hat and Sony and has a war chest of millions of dollars."
from their site: In order to continue this rapid pace of innovation, a refined model of intellectual property management has been established. Open Invention NetworkSM is an intellectual property company that was formed to promote the Linux system by using patents to create a collaborative ecosystem. The more the Linux community stay away from OIN, the better. The word Open is abused day by day, it seems a complete rewrite of the dictionary is needed.
If you keep throwing chairs, one day you'll break windows....
Yes, I agree completely. It is amazing to think that such a huge and powerful company could fall and die, but that is exactly the direction they are headed. All their revenue streams (essentially Windows and Office) are facing strong competition for the first time in years. Mac sales are up 30% from last year. A number of strong competitors to Office are coming out. In the very least, they will have to cut prices. Furthermore, they have shown themselves incapable of producing a better operating system. Is that likely to change in the next five years?
Will they fall completely? It's happened before (see Osborn II). Most of their projects are losing money (Xbox, even their dev-tools division, which actually does produce some nice stuff). Without the massive cash boost from Windows and Word, they will not have the money to support these. Who will want to partnership with Microsoft? They have made tons of business enemies over the years, and no friends. No one works with Microsoft except because they have to.
You can't stay at the top forever, that much is certain, and it is doubly true in such a quickly changing industry. The question is how bad will be their fall? Will it be like IBM and Apple, who emerged with new life and remade themselves? Or will it be like SGI or Commodore? Thrashing hopelessly into that good night? Only time will tell.
Qxe4
I think I know why Microsoft can't show their hand even it the 200 patent violations are 100% true.
Often in a patent litigation case, there is an immediate countersuit by the opposing IP property owner as often there is many shared technologies in a complex project. The more complex a project is, the more likely someone else's patents have been inadvertently used in the project. In this case, MS code would be laid bare like Linux was in the SCO case. MS can't have the source code on the table for inspection. They know they are in possession of much prior art and many other patents, much of which they have no cross IP deals for. Closed source hides much of this behind the scenes. Because Microsoft has to keep it this way, they can't risk the counter suit. The SCO was a front for the attack Microsoft is unable to do in the open.
Microsoft would not survive the countersuit without severe damage.
This article is simply calling them on their veiled threats to put up or shut up. You may have the patents, but since you are not going to do anything about them, shut up already.
The only time to watch out for Microsoft is when Linux overtakes Windows and Open Office overtakes Microsoft Office. In other words, when they have nothing left and need a Hail-Mary play like SCO.
Remember the big deal with a trash can in Windows? MS knows it is not ready to scrap Windows and start from scratch.
http://en.wikipedia.org/wiki/Apple_v._Microsoft
Even tabbed browsing in IE7 is at risk if they move on this.
The truth shall set you free!