Ballmer Suggests Linux Distros Will Soon Have to Pay Up

An anonymous reader writes "Via Groklaw comes comments from Microsoft's Steve Ballmer at a UK event, in which the company once again threatens Linux distributions that haven't signed up with their program. '"People who use Red Hat, at least with respect to our intellectual property, in a sense have an obligation to compensate us," Ballmer said last week ... Ballmer praised Novell at the UK event for valuing intellectual property, and suggested that open source vendors will be forced to strike similar deals with other patent holders. He predicted that firms like Eolas will soon come after open source vendors or users. Microsoft paid $521m to settle a patent claim by Eolas in August.'"

Comments

He could be right...

[Jennifer York]

Ballmer may be right in that some Open Source Software infringes on their patents. I'd be surprised if it were otherwise; they are giving out patents on single click purchasing, and even the simple check box

Microsoft is unlikely to enforce it's patents, but what should scare us are the other Patent Houses where their business model is based on litigation. They are the dangerous ones...

the reason microsoft won't show their patents

[SkunkPussy]

My guess is that any of Microsoft's patents could be coded-around trivially - therefore their patents, once revealed, have no value. Their only value is as a bargaining tool (cudgel).

Let's force him to put up.

[bogaboga]

Isn't there a law to force Ballmer to put up or shut up? Is it possible to go to court to have him clear the air instead of damaging Linux's progress? lawyers please clarify.

OOXML

[jafoc]

I'm not authorized by Ballmer to speak about what he may have had in mind, if anything, but Microsoft claims that their OOXML file format which they're (despite the initial failure) still trying to get approved as an international standard can be used "on Linux" (this claim was made in the standardization committe on this matter in Switzerland, of which I am a member) and they are offering (unacceptable) terms and conditions for using their patents on this "standard".

Microsoft hasn't honored my numerous requests to provide a list of the patent numbers is question even though I demonstrated that the ISO/IEC directives say clearly that patents should be disclosed.

Re:Which IPs in particular?

[fork_daemon]

Don't these kinds of threats put MS in legal jeopardy? Couldn't Linux companies sue MS claiming that Balmer's statements are harming their business, especially in light of the fact that MS refuses to identify these patents? I would think that this situation could cause more problems with the EU.

The DOJ of course is completely hopeless at this point, but other countries can still offer some relief. In my opinion, Companies like RedHat, IBM and the members of the OIN should counter sue MS for trying to threaten their customers without giving any proof to their claims. Everyone has been saying this from ever. If Linux infringes the patents, tell us which one. We'll redesign our code accordingly. If they do not tell what patents are being infringed, then there is nothing we can do to find out that. Windows code is not open. Linux is. Everyone is free to look at the code. It is more likely, MS infringed on GPL and other opensources Licenses by copying code from Linux to be used by them. Their code is binary. No source to check. How are we to know what they got in there?

Re:Which IPs in particular?

[initialE]

I for one see a problem with this line of defense. If Microsoft fails to mention which patents are allegedly infringed, then when they do eventually show their hand, they can claim that it was a patent that was not initially in the scope of their claim, but one that was only recently discovered by their legal department. And who could blame them, having to wade through an ocean of their own IP. A judge could be easily persuaded to believe this.

Re:Which IPs in particular?

[Risen888]

Topic drift alert...

The sad part is that they can halt Linux growth just as quickly, and just as effectively, by never actually taking this to court. They're already off to an amazing start with the "IP deals" they've made with various vendors. ... PHBs will definitely err on the side of caution and try to "protect" the business by staying out of the murky waters. Better to deploy Windows and have receipts and licenses to prove it, than to deploy Linux and get sued later.

While I agree with your analysis, I don't think it proves your point (about halting Linux growth). FTR, I'm talking about the desktop here. Linux owns the server space, MSFT's hardly even a relevant player, that's not going to change. Money talks, and while MSFT's got a lot of it, so does IBM. So does Sun. So do lots of other very large and well-regarded companies. Shit, I'm drifting away from my already drifted point! Which is this:

The great big boulder that will be desktop Linux will never start rolling with business. Regardless of lawsuits, IP deals, FUD, or counter-FUD. Not gonna happen. There will always be an excuse somewhere up the corporate ladder to "play it safe" and stay with Windows. Whenever someone tries a "from the top down" push for Linux, MSFT buys them off or scares business away from them, and that's not going to change anytime soon either. Linux on the desktop, therefore, must come from the ground up. Which is good, and inevitable. That's how Free Software works. That's how Free Software has always worked, and it works well, and even though it's slow, it's a steady growth. The Linux userbase grows every year, while MSFT has nowhere else to go. It'll happen. Not only will it happen, basic economics dictates that it must happen.

Patience, grasshopper.

A patent atorney walks into a room of Linux admins

[dargaud]

Last months I was at a meeting for european Linux admins and a guest speaker was a patent expert. Apparently he must have missed a memo because he started his pitch with "we are looking for experts such as yourself to come work with us on software patents as they are going to happen in Europe soon"... Amusing mayhem ensued. But what striked me most are two things:

• out of 80 admins only 3 were vocal about the issues surrounding software patents. Okay, we were very vocal. But the others didn't seem to have a clue.
• the next day the guy came up to us 3 specifically with a $trong recruiting pitch, saying that since we already knew the subject we had to come and work with him as there would be now way to avoid software patents anyway. I countered by saying that when China will decide that any patent is meaningless, then all bets would be off. But he countered that one by saying that China is the fastest growing market for patents on the planet...

Interesting discussion anyway, even though I find the mix of lack of morality and the excess of $ deeply disturbing. Call me an idealist and cry me a river.