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Microsoft Letting Patents Move To Linux Firms

mnmlst notes a Wall Street Journal story (picked up at Total Telecom) on the move of some patents originally held by Microsoft to the Open Invention Network, where they will join a portfolio whose purpose is to inoculate open source companies against patent trolls. OIN is near a deal to buy 22 patents from another patent-protective group, Allied Security Trust, whose members include Verizon, Cisco, and HP. AST won the patents in a private auction Microsoft put on earlier. An AST executive says that "Microsoft presented the patents to potential bidders in its auction as relating to Linux." While OIN's acquisition of the patents will act to protect the Linux community, AST, by contrast, exists to protect only its corporate members, not the community as a whole. But by selling the patents to OIN, they are cooperating in the protection of Linux. And by allowing the patents to go to AST in the first place, Microsoft may (the article implies) be signaling at least their lack of active intent to disrupt the Linux marketplace.

228 comments

  1. Explain this to me by assemblerex · · Score: 4, Interesting

    why isn't microsoft doing everything possible to destroy linux? Is this a "saved apple" moment all over again??

    1. Re:Explain this to me by williamhb · · Score: 4, Insightful

      why isn't microsoft doing everything possible to destroy linux? Is this a "saved apple" moment all over again??

      Not quite. Saving Apple was (presumably) to help stave off the anti-trust suits against Microsoft by preserving a weak but "potentially credible" competitor. Helping Linux seems much more straightforward: Linux's overlap with Windows is much smaller than its overlap with HP, IBP, and Sun/Oracle. So, Microsoft might well help Linux to weaken HP, IBM, and Sun/Oracle, reckoning that Linux is unlikely itself ever to be a credible threat to Microsoft's own sales. Which (Linux-cheerleading aside) is an understandable assessment as most commercial purchasers tend to run different software on Linux machines than on Windows machines, and it is more often the software decision that drives the hardware purchase (rather than the other way around). So, Microsoft doesn't primarily need to "compete Windows with Linux", they need to "compete SQL-Server with Oracle", "Exchange with Lotus Notes", "IIS with Apache and JBoss", etc.

    2. Re:Explain this to me by mysidia · · Score: 2, Insightful

      It's not a given that MS wants to do everything possible to destroy Linux, at least not immediately.

      Having a (bad) competitor can be better than not having one at all, as it's a useful tool to deny having a monopoly. They can use this as an example to show to the EU commissisions in order to prove they're not trying to stop Linux from competing.

      Linux can help MS... it can get companies that are still using proprietary UNIX such as HP-UX, AIX on SPARCs or Itaniums to switch to Xeon over time. Adopting x86 architecture with a familiar UNIX-like OS is the first step towards maybe someday switching those to Windows 2008...

      Also, when makers of various gadgets build devices that contain embedded open source software, MS would probably prefer that the popular devices interoperate with Windows (in some cases, using MS technologies), and not just Apple...

      And there's a remote possibility that one day, a version of Windows could be based on an open source kernel <G>

    3. Re:Explain this to me by ozmanjusri · · Score: 4, Insightful
      why isn't microsoft doing everything possible to destroy linux?

      It is.

      Microsoft isn't a homogeneous organisation. Parts of it are still in the "Embrace" part of the plan while others are working on "Extinguish"

      --
      "I've got more toys than Teruhisa Kitahara."
    4. Re:Explain this to me by Anonymous Coward · · Score: 0

      Why isn't there a "-1 Irrational Bashing" mod?

    5. Re:Explain this to me by pclminion · · Score: 4, Interesting

      why isn't microsoft doing everything possible to destroy linux? Is this a "saved apple" moment all over again??

      You seem to be making a strange equation between "maximizing profits" and "destroying Linux." The goal of most corporations, Microsoft included, is to make money. Utterly destroying a competitor which, although vocal, represents only a single-digit threat to their market share, seems like a rather irrational expenditure of resources.

      You have an awfully pessimistic world view if you equate the maximization of your own success with the downfall of all others.

    6. Re:Explain this to me by Nefarious+Wheel · · Score: 3, Insightful

      It may also be the first shot in an attempt to embrace and extend, too. After all, there's quite a lot of rather nice technology in Linux. Apt-get and the open source infrastructure is a heck of an improvement over Microsoft's "Add or remove programs" feature, in my opinion, to say nothing of the dog. Just one example.

      I wonder if future convergence will ever reach a point where I'll be writing this on my favorite (yet to be developed) operating system, an outgrowth of some mixture of a number of them.

      Or maybe I'll just chuck it all and go back to VMS.

      --
      Do not mock my vision of impractical footwear
    7. Re:Explain this to me by IntlHarvester · · Score: 2, Insightful

      Possibly because according to the news, Microsoft has far more problems with patent trolls and their ilk than they do with Linux infringing on their intellectual property.

      I can see how it makes sense to ally with the "good guys" (including the the biggest patent assholes aka IBM) to create a broad patent pool for mutual self-defense. This also benefits the OSS community because its only a matter of time until a patent troll goes after Firefox or OpenOffice instead of Microsoft.

      --
      Business. Numbers. Money. People. Computer World.
    8. Re:Explain this to me by node+3 · · Score: 4, Informative

      Not quite. Saving Apple was (presumably) to help stave off the anti-trust suits against Microsoft by preserving a weak but "potentially credible" competitor.

      There was no "save Apple" moment.

      When MS invested millions of dollars in Apple, Apple had billions of dollars in the bank. The investment was merely a part of a settlement between Apple and MS that ended the lawsuits Apple had against MS, and for Microsoft's part, they had to buy some Apple stock and promise to keep selling Office for a number of years.

    9. Re:Explain this to me by PAjamian · · Score: 5, Interesting

      Speculation is that Microsoft only invited non practicing entities (aka "patent trolls") to this auction. It is very possible that the intent was to sell the patents to a company that could wield them against Linux companies without fear of retribution, but AST managed to step in and get the highest bid on them, and then turned around and sold them to the OIN. This is a subversive plan by MS that backfired.

      --
      Windows is a bonfire, Linux is the sun. Linux only looks smaller if you lack perspective.
    10. Re:Explain this to me by Anachragnome · · Score: 3, Insightful

      "Apt-get and the open source infrastructure is a heck of an improvement over Microsoft's "Add or remove programs" feature, in my opinion, to say nothing of the dog. Just one example."

      There are always alternatives, it's just that some don't "feel" like MS stuff enough, so they fall by the wayside. I think this is the biggest hurdle that Linux has to leap before it can gain any serious traction on MS. Until it "feels" more like Windows, etc. the vast majority of average users out there won't use it.

      Case in point, your example.

      I use a program called Revo Uninstaller instead of MS's "Add/Remove Application" software. It is far more useful, actually uninstalls things and is free. It runs an application's built in uninstaller, then goes back afterwards and searches for leftover registry entries and files. It then allows you to manually remove them.

      It is so accurate and downright honest about it, I actually use it to test an application for "trustworthyness". I will install an app, then immediately uninstall it with Revo and take note of how much the applications uninstaller left behind. You'd be amazed at how much crap some apps leave behind, most intentionally. Adobe is the worst. I uninstalled one of their apps (reader, I think) and the entire program was still on my hard drive. The Adobe uninstaller straight up fucking lied to me.

      It must work because attempting to uninstall Adobe Flash Player gives you a message that says Adobe refuses to uninstall while Revo is running. Essentially, they want to leave shit on your HD and they KNOW Revo will subvert this.

      Sounds great, right? So why doesn't everyone use it?

      Simple. It doesn't "feel" like the "Add/Remove" app that people are used to. It is hard to convince people that the application they are using doesn't do what they want it to once they have been using it long enough, even if you have the evidence right on the screen in front of them. Some sort of mental block, I suppose. I don't understand it, but I certainly recognize it when I see it.
       

    11. Re:Explain this to me by Anonymous Coward · · Score: 2, Informative

      Eh, Apple's "billions of dollars in the bank" was basically Enron accounting, and that was reflected in the stock price. The Microsoft "investment" provided a serious boost for Apple in their times of dire need, and there is no need to pathetically try to rewrite history.

      Unless you are one of those late 90s-era melon-headed downsies mac zealots who actually believed Apple was not in serious financial conditions. In that case a shithouse OS like MacOS 8 is exactly what you deserved.

    12. Re:Explain this to me by Anachragnome · · Score: 1

      "You have an awfully pessimistic world view if you equate the maximization of your own success with the downfall of all others."

      Unfortunately, we as a society encourage this whole-heartedly. Competitive sports are a good example. You can't win unless somebody loses. Scholarships are another. Somebody goes to school, the others flip burgers.

      Don't get me wrong, competition can be good, but the do-or-die shit plain sucks.

      I teach my kids that failure is simply an opportunity to do better. Once they start seeing it that way, even success becomes the same thing in their eyes--an opportunity to do better.

    13. Re:Explain this to me by nmb3000 · · Score: 4, Interesting

      When MS invested millions of dollars in Apple, Apple had billions of dollars in the bank. The investment was merely a part of a settlement between Apple and MS that ended the lawsuits Apple had against MS, and for Microsoft's part, they had to buy some Apple stock and promise to keep selling Office for a number of years.

      You're mostly correct. When MS invested in Apple, they had a little over a billion dollars in cash available. The bigger problem was that their market share and stock price had been tumbling for years (1997-1998 was a huge low point, the lowest in some 10 years). Apple wasn't in tremendous financial trouble just yet, but they were worried about the direction things were going, and (as Apple should know better than anyone) public perception of a company's performance is just as important as the real numbers.

      The $150 million was really a drop in the bucket. What was more important was that they paid Apple that via purchasing stock which they weren't allowed to sell for 3 years. As you said, they also agreed to continue writing and selling Office for the Mac. They agreed to collaborate on Java to ensure interoperability. Best of all was the agreement to make IE the default browser on the Mac! ;)

      Basically, it was Microsoft showing faith in the Apple platform that "saved Apple". Yes, they are competitors, but as Steve Jobs said, "We have to let go of the notion that for Apple to win, Microsoft has to lose, and for Microsoft to win, Apple has to lose." Considering Microsoft is a publicly-owned company, their motives were obviously more than just being buddy-buddy with Apple. That's not really the point, however.

      This video is pretty neat to watch now (some 12 years later). It's Jobs announcing the new partnership with Microsoft and the reation of the audience (imagine what it would be like now).

      --
      "What do you despise? By this are you truly known." --Princess Irulan, Manual of Muad'Dib
      /)
    14. Re:Explain this to me by shawn443 · · Score: 2, Insightful

      I think you have a point about it not being homogeneous, perhaps old school culture persists at the chair throwing top and maybe mid level is quietly steering towards a more sensible money making approach.

    15. Re:Explain this to me by node+3 · · Score: 3, Insightful

      Eh, Apple's "billions of dollars in the bank" was basically Enron accounting, and that was reflected in the stock price.

      Um, no. It was actual cash on hand.

      The Microsoft "investment" provided a serious boost for Apple in their times of dire need, and there is no need to pathetically try to rewrite history.

      The boost wasn't the cash. It wasn't even, directly, the deal with Microsoft.

      The deal with Microsoft was the result of a change in direction for Apple. At most, it was a "vote of confidence" from MS, especially the commitment to continue to provide MS Office.

      No, the boost was Jobs' redirection of Apple which appeared to be increasingly rudderless at the 90s wore on.

      Unless you are one of those late 90s-era melon-headed downsies mac zealots who actually believed Apple was not in serious financial conditions. In that case a shithouse OS like MacOS 8 is exactly what you deserved.

      Apple wasn't hurting for cash, they were hurting for direction. MS's $150 million had essentially zero direct effect for Apple financially.

    16. Re:Explain this to me by jandersen · · Score: 2, Insightful

      Linux's overlap with Windows is much smaller than its overlap with HP, IBP, and Sun/Oracle.

      This may be a large part of their considerations, although helping your enemy's enemies is a strategy that has backfired many times in the past. Another part of it is likely that they want to be seen as not so much of a threat by the growing crowd of FOSS users; by betting so heavily on the corporate world, Microsoft have managed to push away a large part of the people who are going to be important and influential decision makers in the future: the students, who can't afford to pay for an expensive OS, MS Office, Visual Studio and other applications, but can easily learn how to use Linux. And now they are in the uncomfortable situation that there is a large group of people out there, who are comfortable with Linux, which by now offers a large suite of very mature programs. They have to try to win back the minds and hearts of that group.

      And one shouldn't be blind to the possibility that they are still poised to try to take over Linux, if the chance emerges. Being very permissive with patents is not the same as giving them away; maybe they hope that the patents will be worked into the FOSS code base, and then when the time is ripe they will call in the debts.

    17. Re:Explain this to me by ozmanjusri · · Score: 2, Insightful
      Why isn't there a "-1 Irrational Bashing" mod?

      Same reason there isn't a "-1 Ad-Hominem" mod.
      Slashdot ran out of 'em within a week of opening.

      --
      "I've got more toys than Teruhisa Kitahara."
    18. Re:Explain this to me by LKM · · Score: 1, Flamebait

      While the Microsoft investment was important for Apple, it had nothing to do with money. The main thing Apple got out of the deal was Microsoft's commitment to continue Office on the Mac. There was serious doubt at the time whether Microsoft would kill Office, and the deal with Apple stopped that doubt.

      As far as money goes, Microsoft's investment was far too small to have any real influence on the company. And even given the Office announcement, Microsoft very likely didn't save Apple, because Apple didn't need saving.

    19. Re:Explain this to me by BudAaron · · Score: 1

      Ermmm - the world is going thin client folks. This means cloud computing. Can you run Azure apps from a Linux browser? If you can't today I bet you can very soon. Microsoft could likely have Linux for lunch but why eat what you can use?

    20. Re:Explain this to me by A12m0v · · Score: 1

      typical Microsoft evil!
      backstabbing with a smile!

      --
      GENERATION 25: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
    21. Re:Explain this to me by houghi · · Score: 2, Interesting

      I can only talk about openSUSE as that is what I know best. I assume the same will be available in some sort on other distributions.

      The big difference with Add/Remove and the way Linux works is that Linux distributions work with Repositories. e.g. if I want to install slrn, I go to http://software.opensuse.org/search and do the search there and click on "One-Click Install". That will add the needed repositories if they are not yet available.

      If I want to remove a program, I go to the openSUSE version of Add/Remove, look up the program I want to remove and remove it.

      I would tink that the majority of people won't use something else, even if there are advantages, because in the first place they won't be installing and de-installing programs as much, secondly they are not botherd if stuff stays behind after an uninstal and why would they? They install a program and that works. They remove it and very often that works as well from their point of view. The program is not there anymore.

      A bit like files that are placed in e.g. ~/ on Linux after the first time a program ran. Most people will want to remove a program and not bring back the HD to the same state it was before. If that would be my goal, I would work with something like VMware.

      Obviously some people will want it that way and apparently enough to make a program for it that you use.

      --
      Don't fight for your country, if your country does not fight for you.
    22. Re:Explain this to me by symbolset · · Score: 3, Insightful

      There are always alternatives, it's just that some don't "feel" like MS stuff enough, so they fall by the wayside.

      I'm not a patent lawyer but I should think an "Add/remove" programs feature that actually adds programs is sufficiently innovative in the Windows world to merit patent protection.

      --
      Help stamp out iliturcy.
    23. Re:Explain this to me by Anachragnome · · Score: 1

      You have a very good point.

      Has ANYONE used the "Add/Remove" function in Windows to INSTALL something? I never thought of that. I certainly haven't, as pretty much everything installs itself or makes the appropriate installer app calls automatically.

      Does it even WORK in that sense?

      I just looked around Revo for an option to install something, and it ain't there. Why would it be?

    24. Re:Explain this to me by Anachragnome · · Score: 1

      In hindsight, I do know that Revo has what is called "Hunter Mode". It is basically a sub-routine that runs in the background watching for things that INSTALL in the background, screams bloody murder when it sees it, and puts the install on hold until you respond. Supposed to help prevent toolbar shit and the like from installing.

      At least that is how I think it works. I've never used it, personally.

    25. Re:Explain this to me by Anachragnome · · Score: 2, Insightful

      I understand how installing apps on Linux works.

      My point is that it is different from how it is done on Windows and that the "feel" of this difference is what drives typical Windows users away from Linux, among other differences.

      Fear of the unknown, maybe, or maybe something like putting on somebody else's underwear. It just don't feel right, so they don't do it.

      Humans are creatures of habit, and Linux developers need to take that into account.

    26. Re:Explain this to me by Anonymous Coward · · Score: 0

      I think you are overestimating the ability of the average user. Most people don't even know the add/remove programs option exists, they just plain delete the folder.

    27. Re:Explain this to me by polar+red · · Score: 1

      they just plain delete the folder.

      in my book, that's how it SHOULD be ...

      --
      Yes, I'm left. You have a problem with that?
    28. Re:Explain this to me by symbolset · · Score: 2, Interesting

      Ok, to be fair it really is possible to add programs with the add/remove programs feature of Windows. It's also horrifically expensive and complex, but it is, in a limited sense, possible.

      --
      Help stamp out iliturcy.
    29. Re:Explain this to me by polar+red · · Score: 1

      bring back the HD to the same state it was before

      isn't that the only way to prevent clutter on your HD, wouldn't this be the ONLY way to prevent a necessary 'format' in the long run ?

      --
      Yes, I'm left. You have a problem with that?
    30. Re:Explain this to me by Anonymous Coward · · Score: 0

      Sounds great, right? So why doesn't everyone use it?

      Because barely anyone has heard of it? I hadn't until I read your post.

    31. Re:Explain this to me by Jedi+Alec · · Score: 1

      At my company add/remove programs is used combined with the applications I have been licensed for. So if I plop down at a workstation that doesn't have application X installed, but I do have the rights to use that app, then I can add it through said interface.

      Works surprisingly well, actually.

      --

      People replying to my sig annoy me. That's why I change it all the time.
    32. Re:Explain this to me by Anachragnome · · Score: 1

      It is almost that easy with Revo. Yeah, I'm a fanboi, can ya tell?

      For freeware, it is probably my favorite app next to Process Explorer, although it doesn't run on Vista. Big deal, I'm a XP-SP2 kinda guy 'nyways.

      (Process Explorer,v. 10.20, anything after that has the stink of MS on it. They bought out sysinternals shortly after v.10.20 came out and any OS after XP-service pack 2 automatically hunts down and copies over v.10.20 with the newest version. I plugged a thumbdrive with v. 10.20 on it into a XP-service pack 3 laptop and the fucking laptop over-wrote my copy of v.10.20. Fuck you, MS, I still got my Chinese down-loaded copy!)

    33. Re:Explain this to me by Anonymous Coward · · Score: 1, Informative

      Yeah it's if you publish an app through Group Policy.

      I've actually used it to install software on my personal computer, but that was pre Win-2K

    34. Re:Explain this to me by Anonymous Coward · · Score: 0

      You'd be amazed at how much crap some apps leave behind, most intentionally.

      Which is exactly why the OS, not the application, should dictate where, when, and how the application gets installed. Allowing each application to decide this for itself is a recipe for disaster, especially when most applications are proprietary and have motives other than simply installing properly. Double especially when the OS uses a single unified database (e.g. "registry") to store configuration information for all of them.

    35. Re:Explain this to me by bonefry · · Score: 1

      Linux may represent a single digit in their desktop marketshare, but on mobile phones the market share of Linux is a double-digit.

      And on servers ... the majority of online services (especially the successful ones) are hosted on Linux/BSD servers. Big companies that have an online revenue, like Yahoo, Google and Amazon, are using Linux/BSD. The majority of online startups are built on top of Linux/BSD. And although Microsoft has a strong presence in companies intranets (thanks to Exchange/Office mostly), it's a big blow to their credibility having the online success stories not being based on their products.

      I wouldn't underestimate Linux/BSD if I were in their shoes, and I don't think they are. You can't beat a zero-price tag, and while some people say Windows is easier to administer (beating a dead horse on ROI), that's not my experience. YMMV

    36. Re:Explain this to me by ais523 · · Score: 1

      At least apt/.deb (used by Debian and Ubuntu) has two sorts of uninstall options; a normal uninstall leaves things like customised configuration files behind (so you can reinstall the program again and it goes back to the same state), and a 'purge' removes everything related to the program's package itself, which is the sort of uninstall you to bring the HD back to its original state. (If you want to go all the way back, you'd also delete dependencies of the program which weren't in use by anything else, which the package managers can do automatically for you as part of or just after your uninstall, if you like; and if you're really insane about getting everything exactly the same, you'd remove the log entries relating to the install, and use touch to put the last-modified timestamps of the relevant directories back to their old value, but that's just overkill.)

      I'm not sure about other package managers, but they quite possibly have something similar.

      --
      (1)DOCOMEFROM!2~.2'~#1WHILE:1<-"'?.1$.2'~'"':1/.1$.2'~#0"$#65535'"$"'"'&.1$.2'~'#0$#65535'"$#0'~#32767$#1"
    37. Re:Explain this to me by ais523 · · Score: 1

      I have done so, with one of my own programs; it simply looked on the floppy drive (this was back in the Windows 95/98 days) for a file called something like install.exe or setup.exe, then ran it. I wonder if this was in case people bought a program that came with floppy disks but no install instructions, and Microsoft imagined that the first reaction of the customer was "I know, I'll use add/remove programs"? (I also vaguely wonder if that trick still works nowadays, with XP/Vista/7? Presumably it would look on CDs as well; maybe it did then.)

      --
      (1)DOCOMEFROM!2~.2'~#1WHILE:1<-"'?.1$.2'~'"':1/.1$.2'~#0"$#65535'"$"'"'&.1$.2'~'#0$#65535'"$#0'~#32767$#1"
    38. Re:Explain this to me by V!NCENT · · Score: 1

      I totally disagree with you here. Apple feels 100% different from Microsoft (hell, they even put the minimize, maximize and close icons on the window manager completely on the opposite site) and yet they succeed.

      No; you need quality. As Linux user I will be taking a fresh perspective on this from a higher purpose here. First up: Does it even work? The awnser is "NO". Yeah it is comming with Gallium3D bla bla bla but it is comming and it is not here yet. So no-go from graphics (unless you still feel like using a 2D desktop ala 2009) and no-go for OpenCL.

      Next stop: "Does it have advantages over the competition?" The awnser is "It's on par". Linux, in an idiot-friendly distro, is not faster and about kind-of as secure as Mac (maybe more, maybe less; only the future will tell us).

      Final destination: "Does it out-app the competition?" and the awnser is probably still "No".

      So ladies and gentleman: Linux is not ready yet, although I believe it will be kicking serious ass in a year or four.

      --
      Here be signatures
    39. Re:Explain this to me by Anonymous Coward · · Score: 0

      There was an old lady who swallowed a fly....

    40. Re:Explain this to me by db32 · · Score: 1

      Yes but that behavior has been well studied in people. Rather than taking a $10 gain and allowing a competitor to take a $5 gain, most people will spend $5 to make a competitor take a $10 loss. I do have a very pessimistic world view, because humans are little more than hairless talking monkeys with delusions of grandeur and "rational" doesn't exactly mean a whole lot. For every great man in human history that has moved us forward, there are many more shit flinging bottom feeders being drug along by their tails.

      --
      The only change I can believe in is what I find in my couch cushions.
    41. Re:Explain this to me by jonadab · · Score: 1

      > why isn't microsoft doing everything possible to destroy linux?

      By filing lawsuits? Such actions would cause Microsoft more harm than good.

      It's about public relations. Microsoft continually balances the business gains they can realize by various means versus what it will cost them in PR and customer satisfaction, and they strike a very different balance in that regard as compared to other companies (e.g., Apple, or Google). Microsoft's own customers mostly hate and/or fear them, but most of them don't hate or fear Microsoft *quite* enough to actually do something about it (like, for instance, switch to Linux). Microsoft knows that a lot of their own customers think of them as an evil empire, and they know that if they push things too far, people will jump ship. Like any business, they are at the mercy of their customers: if too many people stop buying your product, you're sunk. Consequently, every action that Microsoft takes is weighed in a balance: will this gain us more than what it costs us in lost customer satisfaction and bad public relations?

      Filing anti-Linux patent lawsuits won't gain them much. In the first place, there's no guarantee they'd win. Even if they did, open source is adaptable: any specific patent infringement they could get the court to rule on in their favor would just be coded around in a matter of days, and life in the open-source world would go on much as it had been.

      It wouldn't gain them much, but it *would* cost them. If Microsoft starts filing a whole bunch of patent lawsuits against free software, that's not going to go over well in public. Microsoft knows this. Microsoft wants their customers to be thinking about how great Windows 7 is going to be. They *don't* want them thinking about patents, Linux, lawsuits, how evil Microsoft is, and how you can't compete with them for fear of being sued out of existence. It's the wrong message, totally counterproductive, a recipe for disaster.

      You saw how well the SCO fiasco worked out for them. That one arguably helped Linux and *hurt* Microsoft, and Microsoft wasn't even directly or obviously involved. Imagine the effect it would have had on their image if they'd participated in the lawsuit directly, as holders of the intellectual property that was in question. No, filing intellectual property lawsuits is not the way to go for Microsoft. It would be pointless and counterproductive.

      Of course, they didn't sell the patents to help protect Linux. They auctioned off the patents because they didn't have any other use for them, and it was a way to get money out of them.

      Incidentally, any serious money-making IT business is going to see things (approximately) this way: filing a bunch of software-patent lawsuits against the open-source community would be foolish and counterproductive, and they aren't going to do it if they have any brains.

      No, if there are going to be software-patent lawsuits, they're going to come from smaller, more desperate players with less (or nothing) to lose.

      --
      Cut that out, or I will ship you to Norilsk in a box.
    42. Re:Explain this to me by Anonymous Coward · · Score: 0

      Pretty amazing coming from a company that can't or won't make their home page work with Firefox.

    43. Re:Explain this to me by MobyDisk · · Score: 1

      Neither apt-get, nor the application you mention, is equivalent to Microsoft's "Add/remove programs" feature. There's no sense in defending that by including alternative packages since the functionality of apt-get simply does not exist at all in a Windows world.

      "Add/Remove" gives a limited, inaccurate list of software installed on the system, and runs the uninstallers for that software. That's it.

      Apt is a whole system for managing installed apps, detecting dependencies, finding and downloading software, and getting automatic updates.

      The program you mention sounds great, but it is a big hack around a fundamental difference between the operating systems. It compensates for the fact that Windows has no such database of applications and files. It's like the old uninstaller applications from the days of Windows 3.x and Windows 9x. It still isn't comparable to apt-get.

    44. Re:Explain this to me by mdwh2 · · Score: 3, Interesting

      I remember those days - Mac users would brag about "Think Different" due to not running Windows, and then run a whole suite of Microsoft products such as Office, Internet Explorer etc...

      (Although I see that now, "Think Different" is replaced with "Get an iSomething to be like everyone else"...)

    45. Re:Explain this to me by jedibrand · · Score: 1

      Methinks MS is acting preemptively for fear of Chrome OS.

    46. Re:Explain this to me by Hal_Porter · · Score: 1

      why isn't microsoft doing everything possible to destroy linux? Is this a "saved apple" moment all over again??

      The plan will become clear to you in due time, young Skywalker.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    47. Re:Explain this to me by Bat+Country · · Score: 1

      Could be hedging their bets.

      I think a thin layer Windows GUI over the top of a Linux kernel (like OSX is a thin layer of Apple over the top of a BSD kernel) would be an excellent thing for consumers. Plus Microsoft could still make locked binary drivers which implemented all the DRM and spyware they wanted without violating GPL (at least v2) and not sacrifice a bit of security (which would not be that excellent a thing for consumers, but meh.)

      I doubt if that's a strategy that's being actively considered, but it's a damned sight better than having to reinvent your entire kernel every few years just to fix a few security holes that some eggheads found in what passed automated tests as being "secure" code a few months ago.

      --
      The land shall stone them with the bread of his son.
    48. Re:Explain this to me by MightyMartian · · Score: 1

      Terminal Services requires the facilities to properly install certain apps.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    49. Re:Explain this to me by russotto · · Score: 1

      Ermmm - the world is going thin client folks.

      Been hearing that one since at least the late 80s. Why should I believe it now?

    50. Re:Explain this to me by Anonymous Coward · · Score: 0

      and there is no need to pathetically try to rewrite history.

      There seems to be some need to do that, since you just did and got modded up as insightful...

    51. Re:Explain this to me by Anonymous Coward · · Score: 0

      The phrase that was mentioned in another discussion thread was "We don't understand the hardware, we don't understand the software, but we can see the blinking lights!" Sadly people have absolutely no comprehension about technology whatsoever, they just like the familiar. Which explains why so many incoming freshman at my college insist on IE (to my horror, being the guy who will have to fix their machines as they get infected).

    52. Re:Explain this to me by jonbryce · · Score: 1

      If you are arguing about whether cash in the bank exists or not, this is Parmalat accounting, not Enron accounting - ie showing forged bank statements to the auditors. I am pretty sure that wasn't happening, and apart from the possibility of forged bank statements, cash generally isn't something you can argue with.

    53. Re:Explain this to me by Anonymous Coward · · Score: 0

      Sounds great, right? So why doesn't everyone use it?

      Simple. It doesn't "feel" like the "Add/Remove" app that people are used to.

      Or maybe we've just never heard of it.

      I will check it out, though, now that you've introduced me to it.

    54. Re:Explain this to me by jonbryce · · Score: 1

      If you apt-get install something, it will most likely pull down a load of dependencies. If you then apt-get remove it, it might not always remove those dependencies - as you may need them for something else.

      Of course it is still much cleaner than having all the dependencies inside your .msi package, and Revo possibly breaking something else when it removes it.

    55. Re:Explain this to me by Anonymous Coward · · Score: 0

      That's why `apt-get autoremove --purge` was invented.

    56. Re:Explain this to me by node+3 · · Score: 1

      I am pretty sure that wasn't happening, and apart from the possibility of forged bank statements, cash generally isn't something you can argue with.

      Maybe corporations work a little differently than I've imagined, but I've always assumed that "cash on hand" primarily meant financial assets like bank accounts and other investments, and not an actual Scrooge McDuck money bin.

    57. Re:Explain this to me by node+3 · · Score: 1

      I remember those days - Mac users would brag about "Think Different" due to not running Windows, and then run a whole suite of Microsoft products such as Office, Internet Explorer etc...

      Um, yeah. Four products were the same. Actually, they weren't even the same, as the Mac versions were generally considered superior to the Windows versions (esp. MS IE).

    58. Re:Explain this to me by shutdown+-p+now · · Score: 1

      I'm not a patent lawyer but I should think an "Add/remove" programs feature that actually adds programs is sufficiently innovative in the Windows world to merit patent protection.

      Well, it has been renamed to "Programs and Features" in Vista/Win7 for a reason.

      That said, it does actually let you add programs - in a domain, when domain administrator has configured some applications to be installable via that thing.

    59. Re:Explain this to me by Anonymous Coward · · Score: 0

      Apple had listed a lot of dubious assets as "cash". Whatever kind of accounting it was, it wasn't money in the bank that they could withdraw and make loan payments with.

    60. Re:Explain this to me by shutdown+-p+now · · Score: 1

      I think a thin layer Windows GUI over the top of a Linux kernel (like OSX is a thin layer of Apple over the top of a BSD kernel) would be an excellent thing for consumers.

      Why? What difference would a kernel make for the "consumers"? And how NT kernel is worse than Linux one?

    61. Re:Explain this to me by Anonymous Coward · · Score: 0

      Stop shilling for Revo, you troll.

    62. Re:Explain this to me by Anonymous Coward · · Score: 0

      You have an awfully pessimistic world view if you equate the maximization of your own success with the downfall of all others.

      Or you're the CEO of Oracle?

    63. Re:Explain this to me by story645 · · Score: 1

      You have a very good point.

      Has ANYONE used the "Add/Remove" function in Windows to INSTALL something?

      back in the good old days when cds where much more common for installing stuff, (around the ME days, some what into the XP era), some games wanted to be installed by way of the add/remove toolbar. Mostly kids games. This was common if the autorun was for launching, not installing, and cd's were locked from exploration.

      --
      open source modern art: laser taggi
    64. Re:Explain this to me by SheeEttin · · Score: 1

      Utterly destroying a competitor which, although vocal, represents only a single-digit threat to their market share, seems like a rather irrational expenditure of resources.

      Apple was a single-digit threat once too.

    65. Re:Explain this to me by Bat+Country · · Score: 1

      Security, stability and memory footprint.

      --
      The land shall stone them with the bread of his son.
    66. Re:Explain this to me by shutdown+-p+now · · Score: 1

      Security, stability and memory footprint.

      What security, stability, or memory footprint problems with NT kernel can you name?

    67. Re:Explain this to me by mysidia · · Score: 1

      Yes, I have.

      On Terminal Servers you actually have to either do this or take a command-line action to place the server in Install Mode to allow applications to be installed.

      Outside of terminal servers though... I think the only thing i've used "Add/remove" to add are Windows components accessible through that UI.

    68. Re:Explain this to me by uninformedLuddite · · Score: 1

      Because they plan to embrace and extend it. That actually means steal and break it.

      --
      The new right fascists are bilingual. They speak English and Bullshit.
    69. Re:Explain this to me by badkarmadayaccount · · Score: 1

      Isn't installation an outdated concept? Loop-mount some glorified tarballs and get done with it.

      --
      I know tobacco is bad for you, so I smoke weed with crack.
    70. Re:Explain this to me by Bat+Country · · Score: 1

      The fact that a printer driver can make it bluescreen?

      --
      The land shall stone them with the bread of his son.
    71. Re:Explain this to me by shutdown+-p+now · · Score: 1

      Anything that runs in kernel mode can kill the kernel, in any non-microkernel OS. A printer driver probably shouldn't run in kernel mode, but as far as OS is concerned, a driver is a driver, period. If it installs itself in such a way that it runs in kernel mode, then OS will let it do so, and then all bets are off.

      Linux printer drivers (and properly written Windows printer drivers, I must add) don't do this, and therefore cannot crash the kernel. But I can write you a "printer driver" for Linux that will do it, in about 5 minutes.

    72. Re:Explain this to me by Nefarious+Wheel · · Score: 1

      Has ANYONE used the "Add/Remove" function in Windows to INSTALL something? I never thought of that. I certainly haven't, as pretty much everything installs itself or makes the appropriate installer app calls automatically.

      I used this feature once - you were given a large list of programs from which you could choose to install. It's related to MS Systems Management Server (which goes under a different name, now, SMS being too confusing. But I can't be buggered to look it up).

      Of course, this would have been prohibitively expensive to implement for most folks, but I was working on a contract for The Borg at the time and apps license costs didn't seem to enter into the equation.

      --
      Do not mock my vision of impractical footwear
  2. This isn't what's called winning by H4x0r+Jim+Duggan · · Score: 5, Interesting

    This is a really expensive way to dodge a tiny part of the software patent problem, and it involves paying Microsoft millions. And for every such trick we win, how many did we lose?

    The upcoming Bilski review is the first time in 28 years that the Supreme Court in the USA will review the patentability of software - that's were we can get a real victory. I'm working on an amicus brief which'll have to be submitted within about two weeks. If anyone wants to help, it would be very useful to expand the swpat.org wiki's information about studies which show the harm of software patents:

    And to add more info about arguments for abolishing software patents:

    This is our big chance and might be the last one for decades.

    1. Re:This isn't what's called winning by Theaetetus · · Score: 1

      The upcoming Bilski review is the first time in 28 years that the Supreme Court in the USA will review the patentability of software - that's were we can get a real victory. I'm working on an amicus brief which'll have to be submitted within about two weeks. If anyone wants to help, it would be very useful to expand the swpat.org wiki's information about studies which show the harm of software patents:

      ... but the Supreme Court doesn't have the authority to abolish business and software patents. You may not like them, but it's Congress who would have to (and has full authority to) amend 35 USC 101. Any argument to abolish them before the Supreme Court based on unconstitutionality will fail since Congress included business methods in the infringement statutes.

    2. Re:This isn't what's called winning by russotto · · Score: 1

      ... but the Supreme Court doesn't have the authority to abolish business and software patents.

      The Supreme Court essentially has whatever authority it claims, unless and until Congress decides to say otherwise.

      You may not like them, but it's Congress who would have to (and has full authority to) amend 35 USC 101. Any argument to abolish them before the Supreme Court based on unconstitutionality will fail since Congress included business methods in the infringement statutes.

      35 USC 101 does not refer to business method patents. The sole reference is a specific defense to infringement for business method patents. It is a standard rule of statutory construction that a statute not be interpreted as having no effect; however, that is a judicial rule, and the Supreme Court is free to ignore it. It is also a standard rule of statutory construction that a major policy change not be made implicitly, and thus that 35 USC 273 was not intended to amend 35 USC 101 by creating a whole new class of patentable material, and therefore the patentability of business methods under 35 USC 101 is not affected by 35 USC 273.

      It's up to the court which rule to choose, or to go a different path altogether. You can't just point to 273 and say "The Court will go that way", because the Supreme Court does what it damn well pleases.

    3. Re:This isn't what's called winning by Theaetetus · · Score: 1

      35 USC 101 does not refer to business method patents.

      It also doesn't refer to telephone patents. However, it does refer to machines, and similarly to processes.

      The sole reference is a specific defense to infringement for business method patents. It is a standard rule of statutory construction that a statute not be interpreted as having no effect; however, that is a judicial rule, and the Supreme Court is free to ignore it.

      Wait, what? Your argument is that the Supreme Court can find business methods unconstitutional if they ignore two-hundred-plus years of statutory construction precedent? Brilliant! Why, under your idea, they can just ignore any part of any statute they want, regardless of what it says, and pluck out only whichever words they want in order to find something unconstitutional!

      Yeah, it's not going to work that way. Here's what would happen:

      1. Supreme Court decides to ignore statutory construction and say that some statutes have no effect in order to find others unconstitutional.
      2. Congressional Republicans and Democrats bond together, amend the Judiciary Act to say that the Supreme Court has 1 member and boot the other 8 off, then the next day restore it to 9 again. They would actually agree to pick a balanced slate of conservatives and liberals because it's better than having a Supreme Court that willfully disregards Congress' legislative intent.

      It is also a standard rule of statutory construction that a major policy change not be made implicitly, and thus that 35 USC 273 was not intended to amend 35 USC 101 by creating a whole new class of patentable material, and therefore the patentability of business methods under 35 USC 101 is not affected by 35 USC 273.

      That's a blatant misreading. Ignoring the question of patentability, what are business methods? Are they processes, machine, manufacture, or compositions of matter, or something else? They're processes. There can be unpatentable processes, of course - adding two plus two, for example - but they're still processes.

      So, given that, the Supreme Court has to read statutes consistently where possible. 35 USC 273 says that there's a defense to infringement for patented processes that are business methods. Therefore, Congress indicated that business methods fall within the patentable processes of 35 USC 101. Thus, the Supreme Court - unless they want to smacked down HARD by the other two branches for disregarding explicit legislative intent - can't declare 35 USC 101 unconstitutional or declare 35 USC 273 to have no effect.

      It's up to the court which rule to choose, or to go a different path altogether. You can't just point to 273 and say "The Court will go that way", because the Supreme Court does what it damn well pleases.

      Sure, they could declare that only unicorns are patentable. Theoretically, they could do that. You'd probably see a Constitutional crisis, on the level of what Madison v. Marbury almost caused had Jefferson not been as bright as he is.

    4. Re:This isn't what's called winning by russotto · · Score: 1

      Yeah, it's not going to work that way. Here's what would happen:

      1. Supreme Court decides to ignore statutory construction and say that some statutes have no effect in order to find others unconstitutional.

      There's not really a question of unconstitutionality here. If there were, the rules of statutory construction wouldn't come into play; it is not against the rules of statutory construction to declare that a statute has no effect because it violates the Constitution. The question is whether or not business method patents (absent a "machine or transformation") are patentable subject matter under 35 USC 101. Congress is not going to strip the Supreme Court of 8 justices or anything crazy like that over this decision; if the Supreme Court decides against business method patents, Congress can simply amend 35 USC 101 to explicitly include them.

      So, given that, the Supreme Court has to read statutes consistently where possible. 35 USC 273 says that there's a defense to infringement for patented processes that are business methods. Therefore, Congress indicated that business methods fall within the patentable processes of 35 USC 101.

      Here's where the problem lies. It is another rule of statutory construction that policy changes are made explicitly, not implicitly. By that rule, since 35 USC 273 does not _explicitly_ add to the types of material which are patentable, it does not change them. So if business method patents were not valid under 35 USC 101 before the passage of 35 USC 273, they are not valid after the passage of 35 USC 273. Of course, this puts two rules of statutory construction in conflict. There are any number of ways to resolve the conflict.

      1) Business methods are now and always have been patentable (re-affirming State Street and overturning the appeals court decision in Bilski)
      2) Business methods were not patentable until 35 USC 273 was passed, but they are now (same effect, different reasoning)
      3) Business methods are patentable provided they meet the "machine or transformation test" in Bilski (affirming the appeals court decision in Bilski, while not categorically ruling out business method patents; 35 USC 273 is thus not rendered meaningless)
      4) Business methods are patentable but must meet some other test the Court comes up with (similar to 3)
      5) Business methods are not now and never have been patentable; State Street was an error. 35 USC 273 was passed by Congress to mitigate the effects of that error; by overturning State Street, the court eliminates the error and thus the need for the statute. (affirming and going further than the appeals court decision)
      6) The Bilski patent is invalid on some other ground and the issue of business method patents remains undecided.

      You seem to think they can't pick ruling #5. They can. I don't think it's very likely -- I think they'll pick #3 or #1. But I don't think #2 is very likely either; it's rather tortured reasoning. It amounts to "Congress intended to make business methods patentable because they passed a defense to business method patents after a court had already found them patentable" -- it's not really deference to the legislature (which is what that rule of construction is meant to support), but indirect deference to the State Street decision. The fact that Congress has relied on a decision of a court in later legislation does not mean that decision cannot be subsequently overturned, particularly not by the Supreme Court.

    5. Re:This isn't what's called winning by Theaetetus · · Score: 1

      The question is whether or not business method patents (absent a "machine or transformation") are patentable subject matter under 35 USC 101. Congress is not going to strip the Supreme Court of 8 justices or anything crazy like that over this decision; if the Supreme Court decides against business method patents, Congress can simply amend 35 USC 101 to explicitly include them.

      Yeah, but that's not going to happen. The Supreme Court is a political body, too. Even if they were to actually say this, they would have the ruling have a 6 month-1 year time to take effect to give Congress the chance to amend.

      Here's where the problem lies. It is another rule of statutory construction that policy changes are made explicitly, not implicitly. By that rule, since 35 USC 273 does not _explicitly_ add to the types of material which are patentable, it does not change them.

      But going back to Chakrabarty, everything under the sun made by man is patentable. 101 is intentionally open-ended - even the "made by man" limitation was a judicially-created limitation, not one by Congress (caveat: I'd argue it's in there in that "whosoever discovers or invents" requires a 'who'). Even if you claim that 273 is implicitly creating a new statutory category, then you'd have to agree that 101 isn't an exclusive and exhaustive list - thus, no actual policy change in 273.

      1) Business methods are now and always have been patentable (re-affirming State Street and overturning the appeals court decision in Bilski)
      2) Business methods were not patentable until 35 USC 273 was passed, but they are now (same effect, different reasoning)
      3) Business methods are patentable provided they meet the "machine or transformation test" in Bilski (affirming the appeals court decision in Bilski, while not categorically ruling out business method patents; 35 USC 273 is thus not rendered meaningless)
      4) Business methods are patentable but must meet some other test the Court comes up with (similar to 3)
      5) Business methods are not now and never have been patentable; State Street was an error. 35 USC 273 was passed by Congress to mitigate the effects of that error; by overturning State Street, the court eliminates the error and thus the need for the statute. (affirming and going further than the appeals court decision)
      6) The Bilski patent is invalid on some other ground and the issue of business method patents remains undecided.

      You seem to think they can't pick ruling #5. They can.

      I still don't think they can. Essentially, #5 is saying that the Supreme Court reads an implied limitation into 35 USC 101 (I sure don't see business methods in there, but I do see process) to invalidate an express reference in 273. If Congress thought State Street was in error, they could have amended 101. They had the opportunity, certainly, since they added 273. Because they didn't, and instead added 273, then it would be judicial error to claim Congress was in error and reverse State Street.

      I don't think it's very likely -- I think they'll pick #3 or #1.

      I don't think they'll pick #3. The Supreme Court rarely grants cert just to affirm. They'll either reverse, narrow, or broaden Bilski. Either way, they have to clarify the "tied to a specific machine" part of the test, because no one - including the USPTO - knows what the hell it's supposed to mean.

      But I don't think #2 is very likely either; it's rather tortured reasoning. It amounts to "Congress intended to make business methods patentable because they passed a defense to business method patents after a court had already found them patentable" -- it's not really deference to the legislature (which is what that rule of construction is meant to support), but indirect deference to the State Street decision. The fact that Congress has relied on a decision of a court in later legislation does not mean that decision cannot be subsequ

  3. Patents Don't Protect the Community by Doc+Ruby · · Score: 3, Insightful

    All this talk of "defensive patents" that supposedly "protect the community" is just a fraud. To protect the community, take all the documentation of the patent, and put it in the public domain. Then, anyone who wants can implement the tech, without restriction, forever. Keeping it patented retains the power of the patent holder to deny implementation to someone, sometime.

    If they were really serious about merely protecting the community, they'd give up the patent control entirely. But it's clear that "the" community just means whoever the patent holder wants to defend from someone else who they exclude. That's entirely against what the Linux way of real open development means: anyone, anytime can join the community by coding and releasing.

    These "defensive" patent orgs will bite us in the ass. Otherwise they wouldn't be investing time and money in not just the patent portfolios and all the work to maintain them, but also in conning us into believing it's for our own good.

    --

    --
    make install -not war

    1. Re:Patents Don't Protect the Community by Dyinobal · · Score: 2, Interesting

      Well seems to make sense to me. First get linux community to seem to agree with the fact Microsoft holds valid patents, second with previous patent validity established destroy linux distros that become a threat by claiming they violate other patents not in this 'portfolio' of what they can use. Keep your friends close, your enemies closer.

    2. Re:Patents Don't Protect the Community by SanityInAnarchy · · Score: 4, Insightful

      take all the documentation of the patent, and put it in the public domain.

      That's what a patent does in the first place!

      It just provides monopoly protection for actually using said patent.

      In fact, this was the whole point of patents. Say I invented lemonade. Without a patent, I'd keep it my secret family recipe for generations, and anyone who wanted to make lemonade would have to reverse engineer it -- but if someone did, I wouldn't be able to say much.

      With a patent, I would publish the documentation ("It's just sugar, water, and lemon juice.") and then only I can make lemonade. Or I can license the recipe to others -- it's not like they don't know how to make it now, it's that they legally can't unless I let them.

      If they were really serious about merely protecting the community, they'd give up the patent control entirely.

      I'm not sure it's legally possible to do that, is the problem. Moreover, having a process patented provides clear documentation that you patented it first, thus putting the burden on anyone's infringing patent to prove that they invented it before you did.

      No, my big problems with this are not that I think the result is bad, but because I think it should be unnecessary -- I highly doubt Microsoft has any stunning invention that Linux "stole" for which prior art doesn't exist a thousandfold, and even if there were, I'm not sure software patents should exist at all.

      But if I'm going to accept that they exist, and that someone has to hold them, I'd much rather that someone not be Microsoft, no matter how legally binding their "covenant not to sue" is.

      Though it would be pretty slimy if this new organization doesn't have some sort of "covenant not to sue." Maybe that's the motive? Blech, now I have to go wash the evil from my brain...

      --
      Don't thank God, thank a doctor!
    3. Re:Patents Don't Protect the Community by harlows_monkeys · · Score: 1

      All this talk of "defensive patents" that supposedly "protect the community" is just a fraud. To protect the community, take all the documentation of the patent, and put it in the public domain. Then, anyone who wants can implement the tech, without restriction, forever. Keeping it patented retains the power of the patent holder to deny implementation to someone, sometime.

      You have completely misunderstood the point of a defensive patent. The idea is that if someone sues over one of the technologies that the OIN is protecting, OIN can look in its portfolio for a patent that the suer is infringing, and that can be used against the suer.

    4. Re:Patents Don't Protect the Community by shentino · · Score: 1

      Publication doesn't negate the patent itself.

      Only covenants not to sue negate patent rights.

    5. Re:Patents Don't Protect the Community by Doc+Ruby · · Score: 1

      A patent doesn't put anything in the public domain. I think you just don't know what "public domain" means. It means there is no owner, no one can exert property rights in it, there's no legal way to exclude anyone from using it.

      A patent is a registration that prohibits anyone else implementing what's patented. That's its entire point. Publishing it doesn't endanger that exclusive ownership, and lets everyone else know what they're excluded from implementing (unless they get a license from the patent holder).

      I also think you don't really understand software patents, especially how Microsoft (and its ilk) use them to interfere with others competing with them, or even with interoperating with them.

      Covenants not to sue are transient. You'd have to sue them to enforce it, which makes it useless to small operations.

      Putting something in the public domain excludes patents or other restrictions on implementing it. That is what a serious inventor does when they want to protect "the community" ("the public") from interference in using something they invented, or even just that they did which might be subject to a patent later, but cannot because it's in the public domain instead.

      --

      --
      make install -not war

    6. Re:Patents Don't Protect the Community by Doc+Ruby · · Score: 1

      No, I have completely called BS on the need for a patent to do what "defensive patents" claim.

      If the OIN (or anyone else) simply released all their patents into the public domain, then there would be completely clear defense for anyone using them without restriction - which is what "the point" is supposed to be. If the OIN wanted to also deliver legal advice or representation to people using something OIN put in the public domain, that would actually be useful to protect users of OIN's "portfolio".

      The only reason to maintain a patent instead of just releasing into public domain is to exclude someone else from using what's patented. That is indeed the only difference between a patent and the public domain.

      --

      --
      make install -not war

    7. Re:Patents Don't Protect the Community by bertoelcon · · Score: 1

      Sounds like patent trolling a patent troll.

      --
      Anything can be found funny, from a certain point of view.
    8. Re:Patents Don't Protect the Community by Doc+Ruby · · Score: 1

      No, releasing an invention into the public domain negates any patent. If one has the right to do it, like if one holds the patent. Or if one just releases into the public domain instead of the long, costly and complex process of patenting.

      Covenants not to sue can have wriggle room. And to be enforced, someone has to sue the party making the covenant. Public domain prevents suing much more effectively (though nothing is perfect protection from a frivolous lawyer) than any patent and covenant can be.

      --

      --
      make install -not war

    9. Re:Patents Don't Protect the Community by Tubal-Cain · · Score: 1

      Or if one just releases into the public domain instead of the long, costly and complex process of patenting.

      And how would one do that in a way that makes it easy to find for patent examiners and defense attorneys alike?

    10. Re:Patents Don't Protect the Community by Hurricane78 · · Score: 5, Insightful

      He said it best:

      “Whenever a controversial law is proposed, and its supporters, when confronted with an egregious abuse it would permit, use a phrase along the lines of 'Perhaps in theory, but the law would never be applied in that way' - they're lying. They intend to use the law that way as early and as often as possible.”
      meringuoid (568297) @ 2005-11-24 16:40 (#14107454)

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    11. Re:Patents Don't Protect the Community by DECS · · Score: 5, Insightful

      Rethink your position. The point of defensive patents is to leverage what you have to make up for what you don't have.

      If you sue me over patent A, I can countersue you over patent B, and force you to settle with me amicably in a sharing arrangement.

      If I give away by patent B so that unicorns dance among sunshine and rainbow farts, then I end up fucked when you sue me over patent A. I am also powerless to help anyone else in the open source community being attacked over patent A, because I gave away my leverage to the public domain.

      I'm all for beating swords into plowshares, but if you're likely to show up and stab me with your sword, I better keep my sword around, too.

      Inside Mac OS X Snow Leopard: 64-bits

    12. Re:Patents Don't Protect the Community by Anonymous Coward · · Score: 0

      In copyright terms you want OIN to release everything into the public domain, but they're using the GPL instead. Yes I know copyrights aren't a particularly good analogy for patents, but the idea is the GPL/defensive patent still allows the IP holder to enforce their rights to keep (insert evil corporation of choice here) in line.

      If you don't like how OIN is using patents, please feel free to start your own organization to buy and/or develop patents to be released into the public domain.

    13. Re:Patents Don't Protect the Community by sumdumass · · Score: 1

      Putting something in the public domain can actually be worse then using a patent. This is because the patent or tech will be limited in scope and offshoots can and most likely will be patented by others looking to cash in. With the patent, a licensing royalty or perhaps a perpetual license can be established for all derivative patents in the same light.

      It's actually better to abolish patents then anything, but as long as the game stands, then having a responsible company or organization hold them can be better then just opening them up.

    14. Re:Patents Don't Protect the Community by countertrolling · · Score: 1

      These "defensive" patent orgs will bite us in the ass.

      Jeeze! You're not kidding. The group, which includes... International Business Machines Corp., Red Hat Inc. and Sony Corp. IBM? Sony?? What a scam...

      --
      For justice, we must go to Don Corleone
    15. Re:Patents Don't Protect the Community by Anonymous Coward · · Score: 0

      All this talk of "defensive patents" that supposedly "protect the community" is just a fraud. To protect the community, take all the documentation of the patent, and put it in the public domain. Then, anyone who wants can implement the tech, without restriction, forever. Keeping it patented retains the power of the patent holder to deny implementation to someone, sometime.

      If they were really serious about merely protecting the community, they'd give up the patent control entirely. But it's clear that "the" community just means whoever the patent holder wants to defend from someone else who they exclude. That's entirely against what the Linux way of real open development means: anyone, anytime can join the community by coding and releasing.

      These "defensive" patent orgs will bite us in the ass. Otherwise they wouldn't be investing time and money in not just the patent portfolios and all the work to maintain them, but also in conning us into believing it's for our own good.

      The point of OIN is not to allow FOSS to use alot of nice stuff in countries with broken patent systems, its to have a large patent pool to use in a lawsuit against whatever company decides to launch a patent lawsuit against its members.

      Basically if Microsofts decides to sue Redhat for infringing patentX Redhat can use the OIN patents to find something to sue Microsoft with.

      Its a bit like nukes, we all know they are bad, but when the war starts you don't want to be the only guy who doesn't have one.

    16. Re:Patents Don't Protect the Community by zach_the_lizard · · Score: 1

      It's actually better to abolish patents then anything, but as long as the game stands, then having a responsible company or organization hold them can be better then just opening them up.

      I agree, 100%, that patents should be completely abolished. I think that the granting of a legal monopoly on the implementation of an idea/machine/etc is quite silly. What is it about the act of inventing something that is so special that no one else in the entire universe deserves to able to use that invention without the inventor's permission?

      --
      SSC
    17. Re:Patents Don't Protect the Community by Attila+Dimedici · · Score: 1

      The purpose of defensive patents is to be in a position to sue the other guy if he uses his patents to sue you. Defensive patents don't protect you against patent trolls, they protect you against competitors. If MS uses anything covered by these patents, they are now in a weaker position to sue a company that uses/distributes Linux.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    18. Re:Patents Don't Protect the Community by Doc+Ruby · · Score: 1

      I don't understand your scenario. How is publishing an invention into the public domain going to be more limited in scope than a patent would be? How is the public domain prior art going to protect for unlimited exploitation any less than the patent would be?

      If anything, the public domain can be more broadly illustrative than the patent would be. If these orgs dedicated their activity to cultivating the public domain, advising publishers into it for quality documentation the way they now do patents, the public domain would be easily invoked to dismiss any patent claim. Possibly (if the PTO were reformed to be a legit office) even easily used by patent examiners to nip invalid patents in the bud - rather than wait for a court, and then an appeals court, to determine the exclusions.

      Public domain cannot be used to exclude implementation. Otherwise it has all the properties that a patent for defending implementation rights by anyone who wants them. Perhaps with the exception of a registry as accessible as the PTO library. But Google goes a long way towards that for the public domain, and one of these orgs could go the rest of the way by indexing the public prior art, perhaps even better than the PTO's patent registry.

      And that kind of reversed momentum in the patent industry could enable reforming the patent industry. Once there's a sizeable interest in registering in the public domain rather than patents, there will be less unified defense of patents. And then the government can find alternatives to the patent industry for bribes and other lobbying utilities when redefining patents. Preferably to solely physical devices with a working model, solely for its unique mechanism (not its general purpose or result), for some time short enough for it to recoup its development investment but not long enough to exclude diversity of vendors for most of its useful market lifecycle. In other words, back to the minimal compromise necessary to allow inventors to recoup their investment when successful, without fearing competitors will start spending their own investment on selling it once the inventor has spent that amount giving it to them. In the content and software (and related, especially in the future) industries, that would eliminate patents (in favor of copyrights, which need their own parallel reform). And mechanical patents would restore sanity to economics in industries from drugs to paperclips. But only if there's an industry with a vested interest in not patenting, but otherwise protecting exploitation rights for everyone.

      --

      --
      make install -not war

    19. Re:Patents Don't Protect the Community by Doc+Ruby · · Score: 1

      I prefer my position. You're describing an escalating arms race that encourages patenting everything conceivable, just in case it might be used against some possible future infringement victim. Which means each infringement someone wants to get away with requires many "defensive" patents - that are really all offensive, to be traded in exchange for infringing. So those who can afford to play engage in constant patent warfare, while the cloud of shrapnel makes it too expensive for all but the largest players to play. Patents A and B might be legit, but C through 0xFFFFFFFF are created just to blast each other, creating nothing but destruction.

      That is a hugely wasteful approach. Every legitimate patent for a useful invention gets paired with at least one bogus one that's never exploited to give anyone something they want, to neutralize its infringement suit. Every bogus patent requires lawyers and their support teams, as well as probably much more lawyer work on the useful patent it neutralizes. Overall a vast amount of work that produces nothing (except fat lawyers, looking for more trouble). And a lot of that worthless work is done in the courts, at public expense - subsidizing the rich players to spin their wheels.

      And the fundamental use of patents, to protect progress, is mostly stifled by exactly the system justified only by its protective function, now neglected.

      Instead, if patents are used according to their actual prescription in the Constitution, they will be used only to protect an investor's development investment long enough for them to attempt to exploit the invention in the market. Content and software inventions that benefit from the inverted economics that physical inventions do (mostly market saturation diminishing returns inverted into the network effect exponentializing them) wouldn't even be patentable, because that compromise is self-defeating. And physical ones would protect merely the specific mechanism, not the market niche a mechanism satisfies.

      There's plenty of ways to corrupt a patent system. Its basis is rooted in a corrupt compromise of our rights to freely express ourselves. But since there's apparently a secret patent on the world of sunshine unicorns dancing amidst rainbow farts, such a compromise is still necessary. However, that compromise can now be much more minimal than even the original formulations back at the beginning of the Industrial Age, when Enlightenment Era legislators could already see the essential value in the most freely exchanged information. Instead we have a much more maximal regime steadily developed by exploiters of the Information Age in the Corporate Era. You advocate continuing that regime to its extreme, though it's already ruining us.

      I prefer the simpler, legitimate minimization of synthetic government monopolies. I prefer progress and freedom to an endless firefight.

      --

      --
      make install -not war

    20. Re:Patents Don't Protect the Community by Doc+Ruby · · Score: 1

      Google. And a "public domain" registry into which orgs like these publish inventions, well indexed. PubPat is a nonprofit law org that works to get patents revoked, especially using prior art - I expect they have quite a good library and index. And I expect that there is a way to submit inventions to the PTO without patenting them, which gives the PTO the prior art that prevents future patents of that invention.

      But I also expect that the PTO could use a much better index, and a better system to populate and search it. Because it seems to grant patents despite prior art all the time.

      --

      --
      make install -not war

    21. Re:Patents Don't Protect the Community by Doc+Ruby · · Score: 1

      Patenting a flurry of inventions you will not exploit except to sue competitors over makes you weaker. To prevent chinks in the armor, you need a very large portfolio that never does you any good except when you're spending money being sued. If you just invest your money in promptly exploiting your inventions in the marketplace, you'll be much more focused on your core business, employ a lot fewer lawyers who produce nothing but invoices and complexity, and be more profitable. And make more progress.

      --

      --
      make install -not war

    22. Re:Patents Don't Protect the Community by Attila+Dimedici · · Score: 1

      I don't entirely disagree, the current system is broken. But what do you do when your competitor sues you for patent infringement?
      You do not have control over whether or not your competitor sues you for patent infringement, so you are still going to need those lawyers.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    23. Re:Patents Don't Protect the Community by Doc+Ruby · · Score: 1

      You're always going to need a lawyer when you're making money in business. But the cost of lawyers to defend yourself from infringement charges is a lot less than the cost to generate a portfolio of "defensive" patent counterattacks. Especially if you don't infringe, though even that can require paying lawyers to test your product against patented versions. Just a lot less than the army with a counterattack portfolio.

      --

      --
      make install -not war

    24. Re:Patents Don't Protect the Community by DECS · · Score: 1

      If you step back from your ideology for a moment, you can look at examples of patents being used defensively to de-escalate wars.

      For example, Microsoft has plenty of patents on things Apple uses. If Apple gave all of its IP to the public domain, then Microsoft could have sued Apple into oblivion, and your peace and love strategy would have rendered the company an ineffectual footnote of history.

      Instead, Apple presents its own patent portfolio to Microsoft and the two have regularly worked out patent sharing deals. Apple also has reasons to side with Linux and BSD groups, and reason to step in and defend attacks from Microsoft and others who lack this. Apple owns CUPS, Linux' printing system. It relies upon Samba for its Windows sharing compatibility. If it weren't for Apple's involvements, Microsoft would have nothing holding it back from suing these groups out of existence, and mainstream users wouldn't ever even hear about it.

      If you look at how things are and how things really work as opposed to fabricating a world view described in over the top language, you'll clue into why "progress and freedom" isn't being delivered by naive ideologues, but is won through competition and struggle.

      I agree that there are plenty of problems with the patent system, and Microsoft and Apple both support the idea of reform. But change is scary and nobody wants to give up what they have for something less, whether they are patent holders, potential patent holders, or even consumers with uncertain fair use rights. As in most areas, we need more constructive talk and less overstated dogma. But to suggest that certain companies "ought" to just lay down their weapons and let the others crush them before any change can happen is simply uninformed idealism that only seems like a good idea to people who bear no risk in the outcome.

      Symbiotic: What Apple Does for Open Source

       

    25. Re:Patents Don't Protect the Community by Anonymous Coward · · Score: 0

      If I give away by patent B so that unicorns dance among rainbows an fart sprinkles, then . . .

      There. Fixed that for you.

    26. Re:Patents Don't Protect the Community by Doc+Ruby · · Score: 1

      You're making an otherwise useful discussion difficult by portraying my argument as "ideology", starting out mocking it with childish imagery. You're the one who seems to think that any kind of business that isn't a vast war outside one's actual core business is unable to compete. Who thinks "change is scary" is a legitimate business value. Really that all sounds like you have some ideology you're applying here, not pragmatic business sense. If you'll stick to the actual arguments instead of the inaccurate labeling, we can keep discussing it.

      I'm not talking about "peace and love"; I'm talking about inventors investing their money in investment and non-infringement - and in defending from overly broad patents that invite infringement. I've invented plenty of things, I've been part of business operations that have created patents, ranging from legit to bogus (for fake IP assets, for "defensive" protection, and for patent trolling, as well as to prevent the competition from harvesting the invention without the expense of inventing it). These weapons, as I've described, are extremely wasteful. And that strategy has the effect of locking out smaller players, more likely risktakers, from inventing, which is bad for progress. And progress isn't just something valuable we all depend on - it's what entrepreneurs sell, which includes me and most people in the economy I depend on.

      I don't expect patent warriors to "lay down their weapons" all at once and unilaterally, even though they probably have a lot less to lose than they might fear, and a lot more to gain. Especially because the attitude you're presenting is indeed popular among global corporations, especially in technology (including medicine/chemistry). But having worked among plenty of those corps, embedded in their culture, I have seen how that approach is just yet another wasteful abuse that is entrenched among the less intellectually productive places, that is inferior in making profit. Which is why all I'm talking about here is the fallacy these "community patent defense" orgs are pushing, which should be among the first places to get onto a properly productive track. And patent law reform itself, which would deflate a lot of these fallacious arguments and defang a lot of these wasteful destructive strategies. Which is why I'm debating you here: so people reading can see the difference between sticking to the sensible original basis of the patent regime, applied to the current economics of the balance between rights and commerce.

      If you want to debate the business and industrial economics, I'm interested. If you want some kind of culture war instead, you can keep it all for yourself to do with as you wish.

      --

      --
      make install -not war

    27. Re:Patents Don't Protect the Community by harlows_monkeys · · Score: 1

      The point of a defensive patent is to protect against other people's patents.

      OIN licenses its patents for free, as long as you don't use any of your patents to sue over Linux or various other open projects (PostgreSQL, KDE, Firefox, Mono, and many others).

    28. Re:Patents Don't Protect the Community by SanityInAnarchy · · Score: 1

      I think you just don't know what "public domain" means. It means there is no owner, no one can exert property rights in it, there's no legal way to exclude anyone from using it.

      From the Wikipedia article:

      The public domain can be defined in contrast to several forms of intellectual property; the public domain in contrast to copyrighted works is different from the public domain in contrast to trademarks or patented works.

      Here's the problem: You were talking specifically about documentation, which would imply "public domain" as contrast to copyrighted works. And patenting an invention is specifically designed to ensure that all of the work behind it -- designs, schematics, papers, everything -- is released into the public domain.

      I don't know that there is a way to release a patentable concept into the public domain, other than ensuring that it's patented by someone who won't abuse the patent.

      I also think you don't really understand software patents, especially how Microsoft (and its ilk) use them to interfere with others competing with them, or even with interoperating with them.

      Actually, I've been following the whole TomTom VFAT thing, not to mention the current issue with h.264 patents -- where essentially neither Apple nor Google will implement patent-less video formats, yet no other browser makers care to spend the money on licenses for h.264.

      Covenants not to sue are transient. You'd have to sue them to enforce it, which makes it useless to small operations.

      Or you simply violate their patent and dare them to break that covenant. When they come sue you, you have legal grounds to call them on it -- not to mention loads of bad press for them.

      For that matter, take Theora:

      On2, which owns patents that apply to the technical foundations of Theora, granted an unrevocable free license regarding those patents.

      How is that better than a covenant not to sue? How is it different?

      --
      Don't thank God, thank a doctor!
    29. Re:Patents Don't Protect the Community by sumdumass · · Score: 1

      I can see when it's an actual machine or complete device that is patented and it's actually brought to market, how a patent can be useful in encouraging someone to do it. But software patents, ideas that never make it to a market, they are just rubbish through and though.

      Please don't take my observation as a support for patents either, I just can see a few rare situations where they might be useful.

    30. Re:Patents Don't Protect the Community by sumdumass · · Score: 1

      I don't understand your scenario. How is publishing an invention into the public domain going to be more limited in scope than a patent would be? How is the public domain prior art going to protect for unlimited exploitation any less than the patent would be?

      If you have a patent and I improve on the concept, I can get a patent for my improvements but I will still rely on your patent in order to market them. If you give up your patent and place it into the public domain, under the current system, I can just use my patent without regard to your wishes. If you retain your patent and offer a license to anyone under the condition their use will be open or licenses back in a similar way, you have negated my ability to lock in my improvements.

      If anything, the public domain can be more broadly illustrative than the patent would be. If these orgs dedicated their activity to cultivating the public domain, advising publishers into it for quality documentation the way they now do patents, the public domain would be easily invoked to dismiss any patent claim. Possibly (if the PTO were reformed to be a legit office) even easily used by patent examiners to nip invalid patents in the bud - rather than wait for a court, and then an appeals court, to determine the exclusions.

      Lets look at a hypothetical here. Imagine you invented Email and placed the patent into the public domain. Now when Email was first used, it was used with text readers and such. Now, I come along, take your Email Idea and create a little visual program for retrieving and displaying it in a GUI. Suppose they actually accepted software patents back then and I beat the RFC's for it to market. Now, I can improve on your email Idea and patent my improvements. Imagine what the internet would be like if MS just now got outlook and outlook express going. Imagine if there was never any Netscape mail or AOl until 2003 because I had a 20 year lock in on visual displays of email in GUIs.

      Now, if you kept your patent on the Email, my patent would be useless without paying you a royalty, you could then use that leverage to require certain things from me like making my application free for non-profit use or something. Perhaps you would require me to put the concept under some open license and make my money from supporting the applications. Without your patent, you have no leverage over me.

      Public domain cannot be used to exclude implementation. Otherwise it has all the properties that a patent for defending implementation rights by anyone who wants them. Perhaps with the exception of a registry as accessible as the PTO library. But Google goes a long way towards that for the public domain, and one of these orgs could go the rest of the way by indexing the public prior art, perhaps even better than the PTO's patent registry.

      Your right, and I'm not attempting to claim it does. On the contrary, the lack of control would allow me to take a portion, if not all of the public domain items and incorporate them into my patented process or device and lock all my improvements away from everyone else. The control you give up when giving up a patent can be useful if others want to be pricks.

      And that kind of reversed momentum in the patent industry could enable reforming the patent industry. Once there's a sizeable interest in registering in the public domain rather than patents, there will be less unified defense of patents. And then the government can find alternatives to the patent industry for bribes and other lobbying utilities when redefining patents. Preferably to solely physical devices with a working model, solely for its unique mechanism (not its general purpose or result), for some time short enough for it to recoup its development investment but not long enough to exclude diversity of vendors for most of its useful market lifecycle. In other words, back to the minimal compromise n

    31. Re:Patents Don't Protect the Community by sowth · · Score: 1

      While the whole arms race may seem stupid, if you have the soviets making verbal threats to nuke you, and you see them building launching sites all around your country, you would be stupid not to create some sort of defense and counter-attack abilities.

      Yes, patent reform would be the ultimate solution, but it is not the reality right now.

  4. M$ Ubuntu ... nice ringtone by noshellswill · · Score: 0

    ... damme after 10-y the sound-drivers will finally work!

  5. The article? by TheBilgeRat · · Score: 1

    The article states that MS was just divesting some of its acquisitions that it had "no use for". Am I missing something here that states that these holdings were any serious threat for patent litigation against Linux?

  6. Micro$oft selling by Anonymous Coward · · Score: 0

    again their most valuable asset, FUD.

    http://msversus.org/

  7. Comment removed by account_deleted · · Score: 4, Interesting

    Comment removed based on user account deletion

  8. Hey Microsoft! If you're serious you could always by Weaselmancer · · Score: 2, Interesting

    Oh, I don't know. Stop funding Darl McBride.

    That would be a nice start.

    --
    Weaselmancer
    rediculous.
  9. cynical interpretation by Anonymous Coward · · Score: 0

    They could care less about getting a few more bucks or less bucks from these patents. The long term goal is to insinuate more patents into linux and boil the frog slowly. They are trying to co-opt linux at every turn.

    Something similar just happened with the EXFAT file system, which should have been unpatentable. Instead they patented it but then licensed the patent to some linux software vendor. The end result once enough such deals have taken place is that it will become impossible to ship or use linux without extensive cross-licensing even if the initial terms are quite palatable. They don't turn up the heat til later.

  10. Re:Story icon by Anonymous Coward · · Score: 0

    Lighten up, mate. Life's too short to take things so seriously. Microsoft's still evil. Nothing's going to change that -- well, almost nothing.

  11. Apple? by ugen · · Score: 1

    May be this is Microsoft's way of countering Apple? Support Linux to keep unix-like marketplace from falling entirely into Apple's hands? :)

    1. Re:Apple? by ya+really · · Score: 1

      I don't forsee Apple dominating the Unix based server market or to geeks who want to build their own systems (many of which use linux either some or all the time).

    2. Re:Apple? by CAIMLAS · · Score: 1

      Are you serious?

      As near as I can tell, there has been almost 0 UNIX marketshare falling to Apple. Apple doesn't make a UNIX; they make a UNIX spec compliant desktop operating system for home users and artistic types - and the associated hardware to go with it.

      It's a nice thought, but no. Apple is nowhere near stable or supported enough for that.

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    3. Re:Apple? by Sir_Lewk · · Score: 1

      I'm no Apple fanboi, but Mac OSX is UNIX. Who they market it to is irrelevant.

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    4. Re:Apple? by Anonymous Coward · · Score: 0

      Mac OS X is not a trademarked API specification. Calling it UNIX "spec complaint" is actually the more correct way of putting it.

    5. Re:Apple? by Sir_Lewk · · Score: 1

      Perhaps, but stating

      there has been almost 0 UNIX marketshare falling to Apple.

      is just incorrect. The GGP seems to be attempting to make a distinction between other UNIX operating systems and Mac OSX simply because of the enviroments in which they are used.

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    6. Re:Apple? by CAIMLAS · · Score: 1

      The environment Apple falls in isn't so much what makes it not a "UNIX system"; it's also the fact that their software is not stable enough, well suited (scheduler and context switching), or patched -properly- to be considered as a replacement for something like (oh) AIX or a low-end UNIX.

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
  12. Re:Groklaw Theory by Blakey+Rat · · Score: 0, Flamebait

    So paranoid.

  13. There is no secret patent based plot to kill linux by Foredecker · · Score: 1

    Headline: Microsoft puts Windows source code into public domain!

    Slashdot reply: This is just a plot to kill Linux.

    Good golly molly. To be sure I see Linux as competition for Windows, but no more so than Apple or Google. Patents are a part of life. But there is no super complicated patent based grand scheme - its just business. From my point of view (I'm not an exec) we'll compete the old fashioned way - build stuff people will happily pay money for, and enable other people to run profitable businesses working with us.

    --
    Jibe!
  14. Of course it's a loss. by twitter · · Score: 1, Insightful

    Please contribute to efforts to eliminate software patents, they are a threat to software and business freedom.

    Anyone who thinks patents can ever protect gnu/linux, you have been sorely mislead. Where was OIN when M$ was stomping on TomTom and that NAS company? Sitting on their hands, that's where. Patents, as they exist, will always harm small companies who are at the mercy of giant like M$, IBM and other hoarders. Having to beg big companies not to sue you is not software freedom. Even the giants are threatened by patent trolls now.

    Business method patents are not capitalism, it's government protected business monopolies. This is something the US founding fathers hated with a passion. Things are even worse than the king's fiat because government has been less than competent about establishing the winners and losers besides themselves. 20 years ago, people would have called it Communism and pointed to failures in the USSR. Biski can not eliminate softare and business method patents soon enough.

    --

    Friends don't help friends install M$ junk.

    1. Re:Of course it's a loss. by Tubal-Cain · · Score: 3, Funny

      Hey everyone! Twitter's back!

    2. Re:Of course it's a loss. by GoochOwnsYou · · Score: 0

      Credibility? You must me new here.

      --
      This sig has been distributed under the Creative Commons license.
    3. Re:Of course it's a loss. by Anonymous Coward · · Score: 0

      Time to start using your sockpuppets again.

    4. Re:Of course it's a loss. by Anonymous Coward · · Score: 0

      You idiot! Because of your comment I had to load the parent post just to see if it was written by twitter, one of his sock puppets, or just resembling his style. I was very disappointed to find out it was actually written by twitter. Thanks for wasting my time. Please be more considerate in the future.

  15. Re:Groklaw Theory by SanityInAnarchy · · Score: 1, Insightful

    It's not paranoid when they actually are out to get you.

    And really -- I know you're often pro-Microsoft, borderline fanboy, but even you should be able to see that Steve "FUCKING KILL GOOGLE" Ballmer would love a chance to cut Linux off at the knees.

    --
    Don't thank God, thank a doctor!
  16. Re:Groklaw Theory by Anonymous Coward · · Score: 0, Troll

    I was wondering how the FOSS zealots would spin this, thanks.

  17. Patents are so 1999... by sitarlo · · Score: 3, Insightful

    UNIX is bigger than US patents. It is a culture that became an OS that became a culture. Linux gave the poor man a way to run a UNIX-like OS without having to shell out big bucks to Sun, HP, AT&T, SCO, or another UNIX vendor. Linux has become a culture in its own right. If MS were smart, they'd drop the "we hate all things UNIX" attitude and develop their own OSX-style distro that could be run on cheap PC hardware which would put them in position to actually take back some of the market Apple has claimed, and Google is about to claim. Besides, copying Apple is what they do best.

    1. Re:Patents are so 1999... by ClosedSource · · Score: 1

      That would really be a stupid thing for MS to do. It would simply make them another commodity dealer for UNIX.

      MS's blessing and curse is all the applications that need Windows to run. It's a blessing because it has protected them from competitors, but it's a curse because it limits how they can evolve Windows.

      If they really wanted to throw away their legacy advantage they'd be better off creating a brand new OS than switching from one set of legacy baggage to another.

    2. Re:Patents are so 1999... by flyingfsck · · Score: 1

      You mean a Microsoft Unix like Xenix? http://en.wikipedia.org/wiki/Xenix

      --
      Excuse me, but please get off my Pennisetum Clandestinum, eh!
    3. Re:Patents are so 1999... by sitarlo · · Score: 1

      I don't consider UNIX "legacy baggage" at all. It's evolving more than any other OS technology. Just look at OSX! All I'm saying is that MS could evolve with UNIX instead of against it. They cast a line in the sand decades ago and it's time for them to give up the fight. Some people prefer a UNIX-like OS so why not give it to them? It's working for Apple isn't it? BTW, I'm all for moving on from traditional technologies. I'd like to see something like bumptop evolve into a full-fledged OS, but that sort of thing is probably still a decade away.

    4. Re:Patents are so 1999... by sitarlo · · Score: 1

      No No No... XENIX was just crappy old UNIX on a PC. I'm talking about a hybrid Windows/UNIX meld something like OSX, but better. That's what MS needs. A new direction. Every release of Windows just becomes a liability to them. Vista is a huge leap past XP, but people run from it in hysterical terror. They'll do the same with Windows 7. Are you going to wipe your Ubuntu, OSX, Solaris, or Slackware box and put Windows 7 on it? I doubt it. But if MS offered a shiny *new* UNIX, you might be tempted to give it a try and it might actually be solid.

    5. Re:Patents are so 1999... by ClosedSource · · Score: 1

      "I don't consider UNIX "legacy baggage" at all."

      It was created in the 1970s, of course there is baggage.

      "They cast a line in the sand decades ago and it's time for them to give up the fight."

      You do realize that Unix as we know it couldn't possibly run on the original PC, right? If there was a line in the sand it was between having a working system or a brick.

      "Some people prefer a UNIX-like OS so why not give it to them? It's working for Apple isn't it?"

      There are plenty of Linux distros for those people. What percentage of Mac users know or care about what kind of kernel is used?

    6. Re:Patents are so 1999... by zaphirplane · · Score: 1
    7. Re:Patents are so 1999... by Anonymous Coward · · Score: 0

      they can do like Apple and just make use of the BSD community to do all the real work and then just throw a proprietary API and GUI.

    8. Re:Patents are so 1999... by sitarlo · · Score: 1

      If you don't think MS is pissed about that 5% then you don't know MS. Also, I never said they should abandon anything. They should just offer an alternative.

    9. Re:Patents are so 1999... by Anonymous Coward · · Score: 0

      The bigger issue is that NT Kernel is actually modular. That is, Win32 is just a subsystem, there is actually a POSIX subsystem as well (it sucks but it exists) - there are also OS/2 and WOW (Win16) and W?M (DOS Emulator) subsystems too. Then theres Windows Services For Unix which is a much better implementation of POSIX on NT but is pretty much shelved by MS.

      The original poster seems to believe that OS' are sort of like playdough, that you can just stick random crap together to get something better, that isn't even remotely accurate. If you like Unix-like then use a Unix-like, don't ask MS to make a Unix system for you, it isn't going to run Windows programs anyway so what would be the point?

    10. Re:Patents are so 1999... by JasterBobaMereel · · Score: 1

      So you think Microsoft should make a Unix based system, perhaps call it Xenix?

      They did that, sold it to Santa Cruz Operation, who sold it to Caldera, Who Became SCO ..... Hmmm perhaps not ....

      --
      Puteulanus fenestra mortis
    11. Re:Patents are so 1999... by Late+Adopter · · Score: 1

      You can't recognize Linux's culture in one breath and ignore Microsoft's in the other. They're not believers in the Unix Way (tm), they like graphical modules controlled by language bindings (COM), a registry and application-specific storage accessed by language bindings, and above that the whole .NET infrastructure. The idea of small programs that communicate via serialized streams, of human-editable text configs, etc, is entirely antithetical to the MS Way.

      I'm not saying they can't retain their distinctiveness in a port to Unix, much in the way OSX did, nor am I even saying that it would be a stupid idea. But it would hardly be Unix as you and I recognize it, with that culture you mention behind it.

    12. Re:Patents are so 1999... by Blakey+Rat · · Score: 1

      The idea of small programs that communicate via serialized streams, of human-editable text configs, etc, is entirely antithetical to the MS Way.

      That's because it's not that useful for anything other than text editing and shuffling files around. Now, if you're a hard-core Linux user, editing text and shuffling files around is all you ever care about. But the whole point of the GUI revolution is that computers can do more than editing text and shuffling files around-- they can do graphics, video, music, all three at the same time.

    13. Re:Patents are so 1999... by sitarlo · · Score: 1

      You are right about MS culture, but it is a product of a technological dictatorship. If MS opened up a bit more, their culture might expand and that would be good for business. Linux is a perfect tool for them to use to appear more open.

    14. Re:Patents are so 1999... by sitarlo · · Score: 1

      Hmm... My OSX box runs Windows programs. My Ubuntu box runs Windows programs. Why could Microsoft WinLix 2010 run Windows programs? I don't think OS' are like playdough, but they should be!

    15. Re:Patents are so 1999... by spitzak · · Score: 1

      Have you even *heard* of JSON, XML, YAML, SVG, HTML, etc? Even WMF?

      They are STREAMS of text. Some were even developed by Microsoft!

      But you are living under your rock apparently, somehow believing that GUI and stuff typed on a keyboard are different systems that have nothing to do with each other. Go ahead and continue to claim that Unix is "old fashined" because you have proven you don't have any idea what you are talking about, so you can justify it to yourself.

    16. Re:Patents are so 1999... by Blakey+Rat · · Score: 1

      What's your point?

      I never said "Microsoft never developed any text-based formats", so if you're trying to counter that specific point, I'm not sure why.

      But you are living under your rock apparently, somehow believing that GUI and stuff typed on a keyboard are different systems that have nothing to do with each other.

      They are, in Windows and OS X. Hell, old school Mac Classic didn't even *have* a text-based mode, it literally did not exist.

      Go ahead and continue to claim that Unix is "old fashined" because you have proven you don't have any idea what you are talking about, so you can justify it to yourself.

      I think pretty much everybody agrees that Unix is old fashioned. That's why a lot of the people on this site love it-- most everybody who gushes on about the CLI would have to admit, if they could get over their irrational hatred of Microsoft, that Microsoft's PowerShell is a *better* CLI environment than, say, BASH.

      Because if all Unix users cared about was having a powerful CLI, well, you could build a more powerful GUI from scratch and get rid of all the crappy old Linux-isms at the same time... if that was the goal, the Linux community would have invented PowerShell, not Microsoft. Instead, the goal is to be able to run the same shell scripts you ran 25 years ago. i.e. relying on an old fashioned system for backwards compatibility.

    17. Re:Patents are so 1999... by spitzak · · Score: 1

      Yep, you are as ignorant as I thought.

      "GUI" does NOT mean "it is impossible to construct out of small pieces that communicate with each other".

      And having used PowerShell and some of the apps written for it, it is pretty obvious that all useful ones immediately serialize the "objects" so that they can be converted and worked with and a single piece is actually reuseable on multiple objects. This is exactly the sort of ignorant design.

      I do agree that Unix has a serious problem with insisting that ancient layouts of these streams and files should be preserved. But you are confusing that with the idea that streams are bad in the first place. I disagree quite a lot, data streams are the actual way to go, "objects" are an interpretation of that stream and inverting this idea is bad.

    18. Re:Patents are so 1999... by Blakey+Rat · · Score: 1

      Yep, you are as ignorant as I thought.

      "GUI" does NOT mean "it is impossible to construct out of small pieces that communicate with each other".

      I NEVER SAID IT DID.

      Whose posts are you replying to? Certainly not mine.

      Seriously, if you're not going to even bother to read my fucking posts, I don't see why I, or anybody, should bother to attempt to have a conversation with you. This is your second reply, and also the second reply in which you're responding to a point I NEVER MADE.

      Christ.

    19. Re:Patents are so 1999... by spitzak · · Score: 1

      You responded to "The idea of small programs that communicate via serialized streams" with "That's because it's not that useful for anything other than text editing and shuffling files around ... the whole point of the GUI revolution is that computers can do more than editing text and shuffling files around".

      As far as I can tell, you have literally said "a serialized stream cannot be used to support a GUI". This is what I was complaining about.

    20. Re:Patents are so 1999... by Blakey+Rat · · Score: 1

      As far as I can tell, you have literally said "a serialized stream cannot be used to support a GUI". This is what I was complaining about.

      All I can say is that you've utterly failed at reading comprehension. You can complain until the cows come home, but I never said that, and I can't even imagine in what way you've mis-read the two quoted passages to come to that conclusion.

  18. Anybody Knows... by scorpivs · · Score: 1

    If they were really serious about merely protecting the community, they'd give up...

    and "...you can't help those who don't want to be helped."

    Approve or Decline

    --
    There is nothing to FEAR but NOTHING itself; and I fear there is a whole lot of nothing going on. --scorpivs
  19. Re:There is no secret patent based plot to kill li by Anonymous Coward · · Score: 0

    You're right, the Microsoft plot to kill Linux (be it by patents or any other means) isn't very secret. :p

  20. Re:Groklaw Theory by Anonymous Coward · · Score: 0

    So deluded.

  21. Re:There is no secret patent based plot to kill li by Anonymous Coward · · Score: 0

    It's business alright. You're wrong however. The fact that Linux just keeps growing and growing, but always costs the same, troubles Microsoft, and they'll do what it takes to keep their business model working. They'll do anything they can to cause troubles for Linux at any given opportunity, as long as it doesn't hurt number 1. That's how business and competition works. So yes, there is a great complicated scheme to tarnish Linux, and patents are the biggest guns in this game. They will be used, guaranteed.

  22. Yin/yang by Falconhell · · Score: 1

    For every good thing MS does it makes sure to do some evil.

    See:

    http://www.theregister.co.uk/2009/09/09/ms_linux_pitch/

  23. Re:Groklaw Theory by negRo_slim · · Score: 1

    It's not paranoid when they actually are out to get you.

    Allow me to point to Occam's Razor.

    --
    On the Oregon Cost born and raised, On the beach is where I spent most of my days
  24. Re:Story icon by Anonymous Coward · · Score: 0

    A chair with wings would be a better icon for MS stories.

  25. Re:Story icon by Anonymous Coward · · Score: 0

    How is it NOT relevant? You think Ballmer is the kinder, gentler Bill Gates?

  26. Re:There is no secret patent based plot to kill li by Foredecker · · Score: 1

    Really? In the client space? Come on. Linux has always been free. Windows has always cost money. Even then, Linux still only has an almost immeasurably small percentage of the client computing market. Even in sever - where I completely agree it is technically competitive - it doesn't have a commanding market share.

    If Linux was as awesome as the Linux fan boys thought it was, then for free it should be utterly dominating Windows. It clearly is not.

    A good proof point is Apple - they have a product that costs real money and they have a real, sustained market share. Said another way - they are competitive. On the desktop Linux simply is not competitive. Never has been, and is a long way from being so.

    Proof is in the pudding so to speak. In this case it is the numbers.

    The netbook was supposed to be the big opening for desktop Linux. No material success for Linux there - people want Windows on netbooks as well.

    Here is another way to look at it: A few OEM's sell some systems with Linux, but no OEM is making a major or committed business out of selling Linux based PCs.

    Note â" none of this is because of technical limitations in the core Linux bits (like the kernel, networking stack, etc.) My personal opinion is that technically, core Linux is pretty groovy. But there is no organization that is prepared to ship Linux to millions of customers, let alone 10's or 100's of millions of customers. Even the best Linux client distributions donâ(TM)t deal with full consumer and enterprise end to end scenarios well. Microsoft (who I work for) has been doing this for years, and years. So has Apple.

    The Linux community needs to figure out how to do that before Linux can be even moderately successful on the desktop.

    --
    Jibe!
  27. Re:Groklaw Theory by ClosedSource · · Score: 0, Flamebait

    Since being a pundit doesn't actually require any specific training or certification it's a better activity for PJ than pretending to be an expert in law.

  28. Re:Story icon by ClosedSource · · Score: 1

    Since Ballmer isn't the face in the Borg icon, what's your point?

  29. Re:There is no secret patent based plot to kill li by Anonymous Coward · · Score: 0

    Headline: Microsoft puts Windows source code into public domain

    They didn't do this. They sold patents to patent trolls (not to the Open Innovation Network) and one of those trolls sold them to OIN.

  30. Occam's Razor by Tranzistors · · Score: 1

    Which goes something like this: "when you have two competing theories that make exactly the same predictions, the simpler one is the better." (form Wikipedia).
    As you have noticed, "being paranoid" and "they are out to get you" make two completely different conclusions - in one case you are wasting your time and nerves, in other - you are going to die. Thus, the principle cannot be applied.
    Or was there a different reason why we had to remember the Occam's Razor?

    1. Re:Occam's Razor by MarkKB · · Score: 2, Insightful

      As you have noticed, "being paranoid" and "they are out to get you" make two completely different conclusions - in one case you are wasting your time and nerves, in other - you are going to die. Thus, the principle cannot be applied.

      No. Just... no.

      The "being paranoid" theory is that Microsoft is selling the patents because it no longer wants, or wants to maintain, them. The "they're out to get you" theory is that Microsoft wanted to sell the patents to a troll company so it wouldn't look like Microsoft was attacking them. So they held an auction, but the wrong company won. Both theories end with OIN acquiring the patents.

      So, yeah, Occam's razor totally applies. I'll leave it as an exercise to the reader to decide which one it corresponds to, however.

    2. Re:Occam's Razor by EndlessNameless · · Score: 1

      //Or was there a different reason why we had to remember the Occam's Razor?//

      Not OP, but I gave it the moment of thought required to see that Occam's Razor does apply.

      There are competing explanations for Microsoft's behavior.

      First, that they are essentially turning over patens (for a relatively modest fee) to the open source community.

      Second, Microsoft intended to turn those patents over to a patent troll in order that said troll could harrass Linux vendors while Microsoft remains above the fray (a public auction guaranteeing the appearance of indifference).

      Both of these supposed goals predict the same outcome: Microsoft sells patents at an open auction.

      There is a third option, fairly straightforward, which has been ignored here. Microsoft sells unneeded patents in order to turn a profit on work they had already paid for.

      While I'm not going to weigh in on Microsoft's motivations (because I quite frankly don't know what they are), there are at least three different goals which would prompt the sale at auction of patents.

      --

      ---
      According to the latest ruleset, this post should be modded as Vorpal Flamebait +5.
  31. Re:There is no secret patent based plot to kill li by setagllib · · Score: 1

    Linux and open source in general are a theoretically infinite competition to Microsoft. After a big spike in proprietary models, the trend of all software industries is now towards more open standards, more open software and smaller companies offering small sets of products that together solve big problems. This is exactly where open source most naturally thrives, and it's the exact opposite of how Microsoft has always operated - one vendor, one set of products, nothing open. Microsoft's executives know this, they're not stupid, so they're trying to hold back the trend with patents and faux-open standards like OOXML. It's like trying to hold off a global ice age by burning your house down.

    --
    Sam ty sig.
  32. Re:Groklaw Theory by shentino · · Score: 1

    Would Hanlon's razor be a good explanation as well?

  33. Re:Groklaw Theory by Anonymous Coward · · Score: 0

    ...even you should be able to see that Steve "FUCKING KILL GOOGLE" Ballmer would love a chance to cut Linux off at the knees.

    No, that's what you see, because that feeds into your "Good VS Evil" software fantasy.

  34. Re:There is no secret patent based plot to kill li by Anonymous Coward · · Score: 0

    I think you missed the point completely. Both of the post and of the article.

  35. Not so fast. by miffo.swe · · Score: 3, Insightful

    "And by allowing the patents to go to AST in the first place, Microsoft may (the article implies) be signaling at least their lack of active intent to disrupt the Linux marketplace."

    Im much more inclined to believe that the intent was some patent troll getting their hands on the patents. They want a new SCO, no doubt.

    --
    HTTP/1.1 400
  36. Re:There is no secret patent based plot to kill li by _Sprocket_ · · Score: 1

    Headline: Microsoft puts Windows source code into public domain!

    When that happens, let me know. Until then, let's put that strawman away.

    Gosh golly - where do you think Slashdot gets the idea that Microsoft might use patents as a weapon? Certainly not from anything Microsoft's leaders have said. I mean, it's not like there's a history. This is just irrational hatred for a successful company competing "the old fashioned way." Its got nothing to do with reaping what you sow.

  37. I bet it's all the "good" ones ... by daveime · · Score: 1, Funny

    MS have given Linux all the useful patents :-

    Treble Clicking
    Square Mouse Wheels
    Clippy
    Bob
    etc etc

  38. Re:There is no secret patent based plot to kill li by _Sprocket_ · · Score: 2, Interesting

    That all sounds very reasonable. And if I didn't have personal knowledge of what its like dealing with Enterprise IT providers that partner with your company, I might think what you've described is The Truth. However, I know that running Linux in a Microsoft dominated industry is troublesome. Most of my work involves Unix systems, so a Linux desktop is mostly feasible. But we have to be really careful when looking at purchasing tech unless it comes with a Windows trojan horse. No - not malware. Rather, some "appliance" is really a Windows Server or a particular pieces of hardware requires Windows to run it's management client. I have to keep a Windows partition available to VMWare because of legacy purchasing mistakes. And as much as that annoys me, it is the reality we all live in.

    Yes - there are times when Microsoft makes the better option. And there are some examples of Microsoft products in our environment that make sense. But a large percentage of Microsoft architecture that I see in my environment involves very little choice.

  39. Re:Story icon by rdebath · · Score: 1

    You're right, it should be a Ballmer borg icon now.

  40. Linux is fine, US software industry in trouble by dbIII · · Score: 3, Interesting

    Linux is fine becuase it is developed globally. It is the USA with these weird software and business method patents that has the problem which affects both open and closed software. There can always be US compliant distros with the patented portions removed just as Redhat already does with mp3 software. It's just like the stupid encyption export limitations which led to companies like RSA incorporating out of the USA and moving development out of the USA.

    1. Re:Linux is fine, US software industry in trouble by RiotingPacifist · · Score: 1

      Any aggressive use of its patents will only hurt the US software industry, as the global industry is much less tied to MS, this is bad for them. MS know this and this is the reason they use the patents as FUD instead of weapons!

      --
      IranAir Flight 655 never forget!
  41. embrace, extend, and extinguish by Anonymous Coward · · Score: 1, Insightful

    Remember these words: embrace, extend, and extinguish.
    This is the only politic Microsoft knows, they're following the same modus operandi like in the past, this the only way they conduct their business.
    Take a look at this document http://www.google.com/url?sa=t&source=web&ct=res&cd=1&url=http%3A%2F%2Fwww.ecis.eu%2Fdocuments%2FFinalversion_Consumerchoicepaper.pdf&ei=B1KnSvzuENDFsgaa17XuCw&usg=AFQjCNGoTCIslXHnac9qnm0BYvqnHKqVew

    Taken directly from this document:
    "
    This strategy has three phases: First, Microsoft âoeembracesâ a competing product by developing software or implementing standards that are compatible with the competing product. Microsoft then âoeextendsâ its own offering by creating
    features or standards that are interoperable only with Microsoftâ(TM)s proprietary technologies. Finally, when Microsoftâ(TM)s proprietary software or standards have achieved widespread adoption, Microsoft âoeextinguishesâ its competitors by dropping any remaining pretense of compatibility
    "

    sounds familiar ?

    1. Re:embrace, extend, and extinguish by viralMeme · · Score: 2, Informative

      'By understanding Microsoft's history of anticompetitive conduct, developers, consumer groups, and government authorities will be better equipped to recognize current and future Microsoft misconduct at an early stage and intervene to prevent Microsoft from using tactics other than competition on the merits'

    2. Re:embrace, extend, and extinguish by petrus4 · · Score: 1

      Microsoft are still doing their greatest amount of harm in another way, which nobody mentions or thinks about.

      Microsoft's pattern of "interoperability," and integration, which users got used to with Office, (being able to embed OLE applets pretty much anywhere) is appallingly bad engineering practice, and is utterly anathema to the earlier UNIX design philosophy.

      The problem, however, is that Microsoft have now got end users thoroughly accustomed and addicted to such functionality, to a degree where they scream loudly and relentlessly for it to be implemented within Linux, even though it is the source of nearly all of Windows' technical problems. (Security, stability etc) Eric Raymond has written at length about why excessive reliance on IPC is a bad thing; especially when that IPC is predominantly binary in nature.

      So even though Linux developers initially started out knowing better development practice, they now face such vocal, incessant pressure from an end-user base that are thoroughly acclimatised to Microsoft's practices, that they cannot use said better practice, and create more stable software.

      Thus, even if Microsoft ultimately die, they have more or less ensured that the demands of their own customer base, will eventually completely destroy the initial technical integrity of Linux.

  42. Re:There is no secret patent based plot to kill li by ZarathustraDK · · Score: 1

    Perhaps if the OS'es competed on technical merit alone you'd be right.

    However, this isn't so. You have to add advertizing (accepted practice, but basically a dirty trick that says nothing about the merit of the product), FUD-slinging, vendor lock-in, people who are "used to Windows, ergo it's better", and a gazillion other factors which has nothing to do with the ACTUAL PRODUCT'S technical merits in itself.

    On the bright side, Linux and Open Source can't die like MS can (bankruptcy). All the BFG's in the world wont make a licking difference if you've pressed IDDQD and are chipping away with your knuckles one bit at a time.

    --
    If you quote this signature there'll be 72 copies of Windows ME waiting for you in Heaven.
  43. Re:Groklaw Theory by hairyfeet · · Score: 1

    And I would point to Windows 7. That ain't Linux they are ripping off, hell I'm surprised the Ballmer monkey hasn't started wearing Mock tutrlenecks just to complete the look. Lets be honest here-Linux is at maybe 2% of the desktop market, and while Linux is kicking some ass on the web server market, most places have a Winserver behind the firewall. That is because Linux doesn't really have a drop in replacement for AD+Exchange+Outlook+Sharepoint+GPO.

    So while I enjoy a good conspiracy theory as much as the next guy, this one just doesn't really sound believable to me. MSFT is gearing up for Win7, all I've heard about it and Winserver 2K8 is good things, and them not inviting Linux is the big proof? Well duh, just because they are not trying to kill you doesn't mean if have to try to help you out either. It just seems to me MSFT is way too concerned with making sure Win7 doesn't pull a Vista and trying to fix their non hip image to go to all this trouble when Linux hasn't even put out anything earth shattering lately. More likely this is just MSFT tossing the dead wood and finally trying to concentrate more on their core businesses than be the jack of all trades and master of none.

    After all, if it really was their intent to bone Linux with the patents they would have had meeting ahead of time so that only trolls ready to play ball would have been invited in the first place. I doubt seriously a company with that much money and power would have completely boned their plan so easily.

    --
    ACs don't waste your time replying, your posts are never seen by me.
  44. It's oft forgot by symbolset · · Score: 1

    In 1997 Microsoft invested $150M in Apple.

    A quote from that article:

    Davis also said that given the size of Microsoft, a $150 million commitment amounts to little more than good public relations. "Remember, they spent $450 million on WebTV. The investment still doesn't give Apple a coherent strategy for turning things around."

    Sometimes partnerships work out and some times they don't. For example:

    The companies also agreed to collaborate on the Java programming language and other programming languages to ensure they run consistently on both Windows and Macintosh platforms. In addition, Apple agreed to make Microsoft's Internet Explorer the default browser for the Macintosh platform.

    We all know how MS Java and IE on Mac turned out, don't we?

    Davis said the investment means that Apple will now toe Microsoft's line on Java. "If Java is a threat to Windows, and all operating systems, then it's a threat to Apple and the Mac OS."

    We all know that Microsoft Java turned out to be a violation of some law or other and was deprecated. And we're only 11 years hence.

    And one more quote on whether the investment and its concomitant concessions was a good deal for Apple: it was only 11% of Apple's available cash at the time:

    Apple, which ended its third quarter with $1.2 billion in cash, will use the additional $150 million to invest in its core markets of education and creative content, Anderson said. He added that the company expects to gain a higher percentage of its revenues from software and services in these core markets in the future.

    $150M in Apple that week evolves into $4.2B today. If Microsoft kept this one and did as well with their other investments, by now they would own the world.

    --
    Help stamp out iliturcy.
  45. Could this happen by Arimus · · Score: 1

    Firstly IANAL and even in my job as a systems/software engineer I try to avoid dealing with patents like the plague on idioligical grounds (I also avoid spelling when ever possible).

    Could this following scenario happen:-

    1. Create a set of patents based on a product, each patent has a dependancy on the other(s).
    2. Release a sub-set of the patents for product.
    3. Wait for people to use the released set.
    4. Sue them for breaching the unrealesed patents.

    --
    --- Users are like bacteria -> Each one causing a thousand tiny crises until the host finally gives up and dies.
  46. patent troll by Anonymous Coward · · Score: 0

    what the hell is a patent troll?

    if someone come up with a good idea, the person has a right to patent the good idea

    there is no such thing as a patent troll

    don't demonize pioneer using suggestive terms

    if you can't think of the idea earlier, you are the loser, and you should accept the fact and pay money to buy patents from the pioneer

    you can't think of the idea first, and label the pioneer as a patent troll? this is the action of a shameful low class human

  47. Re:There is no secret patent based plot to kill li by RiotingPacifist · · Score: 1

    OK so why do MS keep saying that linux infringes on 200+ patents and they will be suing people soon.

    --
    IranAir Flight 655 never forget!
  48. Re:Hey Microsoft! If you're serious you could alwa by Anonymous Coward · · Score: 0

    I liked it better when he was called Daryl.

  49. Silicon Graphics stuff by BarfooTheSecond · · Score: 1

    Apparently MS resold a bunch of 3D graphics patents it bought from SGI in 2001-2002.
    SGI was is urgent need of cash at this time, and MS was working on the xbox. It was like SGI selling its soul to MS...

    Silicon Graphics graphics technology, Linux, not bad...

  50. misleading title .. by viralMeme · · Score: 3, Insightful

    You may notice that Microsoft never offered the patents to OIN or anyone directly involved in developing Linux, but instead sold them in a private auction. If one didn't suspect Microsoft of being evil, one would suspect them of releasing the patents to third parties, in the hope that they would engage in patent litigation. Is there a precedent for MS funneling finance to companies who go on to sue people for using Linux?

  51. Intellectual Ventures by viralMeme · · Score: 1

    "what the hell is a patent troll?"

    "Patent-hoarding giant Intellectual Ventures has long beat the drum that it doesn't file lawsuits"

  52. the threat of cancelling Mac Office by viralMeme · · Score: 1

    "While the Microsoft investment was important for Apple, it had nothing to do with money. The main thing Apple got out of the deal was Microsoft's commitment to continue Office on the Mac"

    Actually MS threatened to cancel Office on the Mac unless they stopped shipping competing product like ClarisWorks.

    "The threat of cancelling Mac Office 97 is certainly the strongest bargaining point we have, as doing so will do a great deal of harm to Apple immediately"

  53. Is this goodwill? by AardvarkCelery · · Score: 1

    In any case, this is a good thing. Is it goodwill from Microsoft? I'm not sure. When they made the big internet patent grab several years ago, it seemed about as evil as you can get. But in having done that, one could argue that they kept other more evil companies from grabbing and exploiting them. If Microsoft simply gave them away now, that would be goodwill. If they charged $100B, that would be evil. If they charge essentially what they've spent to acquire and hold them, well, that still seems like a good thing. Twenty-two patents at $50K each would be $1.1M. So if the price was >$5M, I'd call it evil.

  54. Maybe..... by ITJC68 · · Score: 1

    M$ has realized if they stop the FUD and show an honest cooperation by doing this to show they are not out to destroy Linux which would be a huge bad PR move. Instead by doing this they look good. I am still curious on how this benefits them though. Does this keep them out of antitrust lawsuits somehow? M$ never does anything like this unless they are either forced to or are trying to get something in return. We will have to watch and wait.

  55. This is why Mono is dangerous. by makomk · · Score: 4, Insightful

    This possibility is why Mono is dangerous, and why Microsoft's promise not to sue is worthless. Since the promise not to sue is not a patent license, it doesn't bind any future purchasers of Microsoft's patents on .Net.

    All Microsoft has to do is sell a couple of their more critical patents to patent trolls, after first granting themselves and all the Microsoft .Net users a suitable non-revokable license to them. *BANG*! No more Mono, and all the apps written for it become illegal to run in the US - unless you run them on Microsoft .Net. This is perfectly safe for Microsoft since they and their customers are protected by the patent licenses.

    1. Re:This is why Mono is dangerous. by MobyDisk · · Score: 1

      I suspect that would violate the RAND terms Microsoft signed when obtaining ECMA standardization of .NET.

    2. Re:This is why Mono is dangerous. by Anonymous Coward · · Score: 0

      RAND can mean per-unit pricing which is incompatible with GPL

  56. Posting anonymously for a reason by Anonymous Coward · · Score: 0

    I don't know the current status as this was a couple years ago, but MS did have a working prototype of Windows 2000 running over linux. I don't know if they were doing something like WINE (I verified it wasn't WINE or a hypervisor) or if it was closer to the kernel, but it seemed to be the linux kernel and GNU commandline with a full W Win32 stack on top. This was probably just a couple guys fooling around rather than something "official", but most people wouldn't know or care if Windows was just a GUI on top of linux (as long as their old software runs).

  57. More cynical interpretation by Anonymous Coward · · Score: 0

    They may be encouraging the Linux community (whatever that is - the MSM won't bother with subtleties, so neither will I) to acknowledge the validity of Microsoft's patent portfolio. Trusting Microsoft's on account of their affectations is like trusting Lucy to hold the football.

  58. Suckaz. by toby · · Score: 1

    In other news, stalking wild predators "may be signaling at least their lack of active intent to" eat you.

    Gullible much?

    --
    you had me at #!
  59. Misread title by s1lverl0rd · · Score: 1

    Microsoft Letting Pants To Linux Firms

  60. Re:Groklaw Theory by DECS · · Score: 1

    In this case, the most straightforward, simple explanation is that Microsoft floated its portfolio of Linux patents on the market as bait for patent trolls, and instead they were bought by a patent defense outfit.

    What's your explanation, that Microsoft wanted to do good, but didn't want any credit for it? Because that's ridiculous on many levels. That Microsoft suddenly needed an insignificant few million for patents that it had suddenly reversed its clearly stated strategy on? Equally absurd.

    There's nothing "conspiracy theory" or paranoid about Microsoft trying, and failing, to use its Linux-related patents to attack Linux, as it clearly signaled the intent to do with overt, not implied, threats. Microsoft is regularly badgered by patent trolls, so its not like the company doesn't understand how the game works.

    And Microsoft's last attack on Linux via SCO, which involved overt "investment" in SCO after funding it with Caldera settlement money, slipped most people's radar and created near zero problems for the company while holding up Linux in a FUD-bath of terror. Why not try to do the same thing again? It's not like Linux suddenly isn't a thorn in Microsoft's server hide.

    Daniel Lyons: Fake Steve Jobs and the SCO Shill Who Hated Linux
    Microsoft's Unwinnable War on Linux and Open Source

  61. What are the patents? by hduff · · Score: 1

    I didn't see any mention in TFA about the specifics of the patents. There's no sense in debating this until we know just what the patents cover. Oh wait. This is Slashdot . . .

    --
    "I believe in Karma. That means I can do bad things to people all day long and I assume they deserve it." : Dogbert
  62. Re:Groklaw Theory by Blakey+Rat · · Score: 1

    I know you're often pro-Microsoft, borderline fanboy

    If that's how people on this site define the word "sane", then yes I am.

    but even you should be able to see that Steve "FUCKING KILL GOOGLE" Ballmer would love a chance to cut Linux off at the knees.

    So the guy who yells "FUCKING KILL GOOGLE" (so you say) is so subtle that he'd try to auction the patents to some other firm? So that other firm would then harass Linux and Microsoft would be in-the-clear? And yet so short-sighted that he didn't foresee the possibility that a firm that wants to defend Linux would buy the patents in the same auction? It's not just a conspiracy theory, it's a retarded one.

    It's much more likely that Microsoft auctioned the patents for some wholly un-related reason, and didn't care who purchased them.

  63. So? by OmniGeek · · Score: 1

    You are very probably right; unfortunately, Microsoft has already demonstrated complete willingness, in the OOXML fiasco, to subvert ECMA by every means available, from hiring shills off the street to pack public meetings, to stacking committees with single-issue proxies (who now no longer show up, so that the committees are hamstrung without a functioning quorum) to outright vote-rigging. I really don't think they'd give a dented spittoon for any commitments they signed off on to ECMA.

    --

    "My strength is as the strength of ten men, for I am wired to the eyeballs on espresso."
  64. Brrr... by Anonymous Coward · · Score: 0

    Hell just dropped below freezing...

  65. I hope the FSF are watching by petrus4 · · Score: 1

    The more sane among us have realised that being a threat to Linux was no longer in Microsoft's best interests, for a while now.

    I'm hoping, however, that as Microsoft continue to engage in more of these types of actions, that eventually the FSF and its' supporters will get the memo as well, and the culture of fear, hatred, and general toxicity which the FSF encourages among Linux users, will be allowed to die.

    I've said it before, and I will keep saying it; at this point, Microsoft are no longer a viable threat to anyone but themselves.

  66. Aaah, now I know... by cerebrum_interfectum · · Score: 1

    ...that chilly wind this morning, it was the hell freezing...

  67. Re:Groklaw Theory by SanityInAnarchy · · Score: 1

    That ain't Linux they are ripping off

    "Taskbar thumbnail previews" are something I remember having in Compiz long before Win7, and I don't remember seeing them on OS X, either. Want to be specific about what Mac things they're ripping off?

    That is because Linux doesn't really have a drop in replacement for AD+Exchange+Outlook+Sharepoint+GPO.

    The problem is firstly that people think they actually need all that -- do people actually use SharePoint? Anecdotes point to maybe.

    But Exchange + Outlook? Plenty of groupware. AD/GPO? Samba is working on it, if it isn't released already, and Unix-centric solutions have existed for decades.

    If I understand your argument, though, they're trying to concentrate on fighting Apple?

    --
    Don't thank God, thank a doctor!
  68. Re:Groklaw Theory by SanityInAnarchy · · Score: 1

    If that's how people on this site define the word "sane", then yes I am.

    If your reaction to being called a fanboy is to assume I'm that much biased in the other direction, you're making my point for me.

    No, I do think you're mostly sane. But "sane" doesn't mean "agrees with me", and the same goes the other way. I do not have to be insane to disagree with you.

    So the guy who yells "FUCKING KILL GOOGLE" (so you say) is so subtle that he'd try to auction the patents to some other firm?

    Microsoft has been deliberately "subtle" in the past -- see MS Java, Dr DOS and Windows 3.1, "It ain't done till Lotus won't run", etc.

    Again, the question here is: Is it so unbelievable that someone would both overtly rail at his enemies, and covertly attempt to undermine them? Ballmer wouldn't be the first to do this.

    And yet so short-sighted that he didn't foresee the possibility that a firm that wants to defend Linux would buy the patents in the same auction?

    Actually, that's not what I'm suggesting. What I'm suggesting is more paranoid -- that said firm could easily be a front, or could be tempted with sufficient amounts of money, so that it looks as though they've sold the patents to a Linux-friendly company.

    It's much more likely that Microsoft auctioned the patents for some wholly un-related reason, and didn't care who purchased them.

    Oh, I'll grant that, easily.

    But keep in mind, this is the same Microsoft who sent astroturfers to a Linux convention, saying things like "It's all over, the suits are taking over," back when IBM started showing up at these conventions. This is the same Microsoft who essentially stole the GUI concept wholesale from a Macintosh prototype -- keep in mind, Apple did actually license it from Xerox. And this is the same Microsoft who continues to fund SCO.

    It is not paranoid to expect a company which has been underhanded and "subtle" in the past to continue to do so in the future. It may not be the most likely possibility, but it's hardly "insane".

    --
    Don't thank God, thank a doctor!
  69. Re:Groklaw Theory by Blakey+Rat · · Score: 1

    Microsoft has been deliberately "subtle" in the past -- see MS Java, Dr DOS and Windows 3.1, "It ain't done till Lotus won't run", etc.

    MS Java - Microsoft added features to Java to make it integrate better with Windows, since Sun had absolutely no desire to make Java GUIs not suck-ass.

    Dr DOS - Dr DOS had a genuine incompatibility with Windows 3.1, and, moreover, was a configuration not supported by Microsoft, so the warning was entirely appropriate.

    Lotus won't run - Nothing but an urban legend. If you can *prove* that this incident happened then I'm all ears. So far I've seen no proof. Hell, I haven't even seen any evidence that any Lotus products failed to run on a particular Microsoft OS: which product? Which OS?

    Now I don't doubt that *you* believe all those events represent nothing but pure, unadulterated, evil from Microsoft. But you also have to realize that all of them have an alternate interpretation where Microsoft's absolutely worst act is to protect themselves from lawsuits by people using an unsupported configuration of Windows 3.1. That doesn't strike me as particularly evil.

    Again, the question here is: Is it so unbelievable that someone would both overtly rail at his enemies, and covertly attempt to undermine them? Ballmer wouldn't be the first to do this.

    Ballmer? Or your crazy exaggerated caricature of Ballmer?

    What I'm suggesting is more paranoid -- that said firm could easily be a front, or could be tempted with sufficient amounts of money, so that it looks as though they've sold the patents to a Linux-friendly company.

    Yah! And it's actually run by Illuminati lizardmen who have tunnels from DC all the way to Area 51 in Nevada, which they use (with the assistance of chemtrails) to conceal the true secret of TimeCube from an unsuspecting public!

    But keep in mind, this is the same Microsoft who sent astroturfers to a Linux convention, saying things like "It's all over, the suits are taking over," back when IBM started showing up at these conventions.

    [Citation needed]

    This is the same Microsoft who essentially stole the GUI concept wholesale from a Macintosh prototype -- keep in mind, Apple did actually license it from Xerox.

    I think what really happened is that Apple's extremely useful implementation of the concept proved to Microsoft that it was worth pursuing their own.

    And it's also worthwhile to mention that Windows was far more different from Macintosh then, say, GEOS was. And, much of the original success of the Macintosh was due to Microsoft applications-- the reason Apple showed their prototype to Microsoft in the first place was to convince Microsoft to write apps for it.

    And this is the same Microsoft who continues to fund SCO.

    [Citation needed]

    It is not paranoid to expect a company which has been underhanded and "subtle" in the past to continue to do so in the future.

    Perhaps not, but you've yet to PROVE that Microsoft has been underhanded and subtle. The best you've done at this point is quoted a debunked urban legend.

  70. Re:Groklaw Theory by SanityInAnarchy · · Score: 1

    Dr DOS had a genuine incompatibility with Windows 3.1, and, moreover, was a configuration not supported by Microsoft, so the warning was entirely appropriate.

    This one, I can prove. Not only that it was not a "genuine" incompatibility -- rather, a manufactured one -- but that management was well aware of what they were doing:

    What the [user] is supposed to do is feel uncomfortable, and when he has bugs, suspect that the problem is DR-DOS and then go out to buy MS-DOS.

    So, what's the rationalization for that?

    all of them have an alternate interpretation where Microsoft's absolutely worst act is to protect themselves from lawsuits by people using an unsupported configuration of Windows 3.1.

    If that was truly the intent, why obfuscate the code in question, and why not actually report the problem outright -- that it was explicitly checking for MS-DOS?

    Ballmer? Or your crazy exaggerated caricature of Ballmer?

    Ballmer is enough of a caricature onstage, without any help from me, but that's beside the point.

    I said, specifically, that he "wouldn't be the first" -- that is, whether he's doing this or not, it's not as if no one else has ever fit that profile in history.

    And it's actually run by Illuminati lizardmen who have tunnels from DC all the way to Area 51 in Nevada

    You have a serious problem with critical thinking if you can't see why an entirely different species which has never been seen isn't even in the same category as a corporation acting in its own self-interest.

    Indeed, we have seen corporations do evil things in their own self-interest before. (Citation needed? Enron. Need more? Tobacco marketing to children.) So suspecting Microsoft of the same thing wouldn't be entirely unexpected.

    You really don't see the difference?

    this is the same Microsoft who continues to fund SCO.

    [Citation needed]

    Reasonably unbiased citation:

    Has Microsoft's money been a significant resource for the financially ailing SCO?
    Without a doubt. In early 2003, Microsoft started paying SCO what eventually grew to $16.6 million for a Unix license, according to regulatory filings. Only longtime Unix fan Sun Microsystems previously paid close to that, with a $9.3 million license deal.

    In particular, I think this is reasonable:

    Although Linux threatens Microsoft, SCO was a convenient ally rather than a Microsoft puppet in the Linux fight...

    Now, granted, you've also got this:

    doesn't that represent a smoking gun that the Justice Department should at least be interested in?
    No, at least not yet.

    Indeed, they tend not to do things blatantly illegal, and I don't believe I've suggested that.

    Regardless of motive, however, they are still funding SCO, quite literally.

    you've yet to PROVE that Microsoft has been underhanded and subtle.

    If the AARD code isn't sufficient proof, you have a very high standard for proof.

    --
    Don't thank God, thank a doctor!
  71. Re:Groklaw Theory by npsimons · · Score: 1

    "Taskbar thumbnail previews" are something I remember having in Compiz long before Win7, and I don't remember seeing them on OS X, either. Want to be specific about what Mac things they're ripping off?

    Heck, I remember having dynamically updated previews of running apps (I think this is what you're talking about) in the desktop switcher in Enlightenment, what 0.9? 0.7? I can't remember exactly, it was well over ten years ago. OS X wasn't even a gleam in Steve Jobs' eye back then, and Windows? Don't make me laugh.

  72. Don't forget... by Anonymous Coward · · Score: 0

    ...to pay your $699 licensing fee you cock smoking twitter!

  73. Re:Groklaw Theory by SanityInAnarchy · · Score: 1

    Actually, it's not quite the same. This is the taskbar -- that is, switching between active windows. Mouse over each one, and a little bubble pops up, showing a preview of the app.

    It does help that "dynamically updated" is "dynamic" as in "my compositing window manager is doing this for me" -- that is, it's actually realtime.

    But you do have a point about the prior art -- showing that in the "desktop switcher" -- I think that's what other things might call a pager, that shows a preview of your entire desktop? -- has definitely been there for awhile.

    --
    Don't thank God, thank a doctor!