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."

Comments

Why Microsoft can't sue directly

[Technician]

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.