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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.
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.
Please help publicise swpat.org - the software patents wiki
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.
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
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.