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Is Microsoft About To Declare Patent War On Linux?

Posted by Soulskill on from the looking-for-an-excuse dept.

Glyn Moody writes "Horacio Gutierrez, Microsoft's Corporate Vice President and Deputy General Counsel, has just published a piece called 'Apple v. HTC: A Step Along the Path of Addressing IP Rights in Smartphones.' In it, he notes that today's smartphones are all about the 'software stack,' not the 'radio stack,' and that 'as the IP situation settles in this space and licensing takes off, we will see the patent royalties applicable to the smartphone software stack settle at a level that reflects the increasing importance software has as a portion of the overall value of the device. In the interim, though, we should expect continued activity.' That 'activity' obviously means lawsuits against those producing those software stacks, and Gutierrez seems to be hinting strongly that Microsoft intends to join in. So where does that leave all the Linux-based stacks such as the increasingly-popular Android? Is this just a clever way for Microsoft to start a patent war on Linux without appearing to do so?"

18 of 204 comments (clear)

  1. FUD article by sopssa · · Score: 5, Insightful

    What a complete piece of FUD article. Nowhere in the original post he say anything about Linux or using this to attack Linux or Open Source in general. In fact, this is a guy who has previously wrote this about Microsoft open sourcing:

    Some observers question how a company can contribute to open source projects while, at the same time, insisting on respect of its intellectual property rights by its competitors. In fact, these two things are not inconsistent, and striking a balance between them is one of the key things every commercial technology company must do in order to compete effectively in a mixed source world.

    Yeah, it really seems like his out there to destroy Linux.

    Did the article writer also forget that Microsoft does Windows Mobile? He says " one that doesn't even involve Microsoft directly.". How does mobile market not concern Microsoft directly when it's making Windows Mobile, an OS that HTC has always been it's flagship manufacturer.

    Then completely out of context he quotes Bill Gates words from 1976, 34 years ago, how programmers should be paid for their work instead of doing everything for free. Did he just completely ignore how well funded Linux and some other OSS projects actually are? Mozilla alone brings in $80 million a year.

    It's not about destroying Linux, it's about making some sense to patent fights in mobile markets.

    1. Re:FUD article by bguiz · · Score: 4, Informative

      Is Microsoft About To Declare Patent War On Linux?

      Title is sensationalist, has nothing to with the first article. And well, parent has rightly pointed out the FUD-ness of the 2nd article.

    2. Re:FUD article by Jurily · · Score: 4, Interesting

      If Microsoft started a patent war against Linux, wouldn't Linux-oriented companies, like say IBM, join in on the fun as well? With big companies, the patent situation is more like a cold war with all the cross-licencing going on.

      Besides, why now? Why not 5 years ago? Why not last year?

    3. Re:FUD article by Pojut · · Score: 5, Interesting

      I've noticed Slashdot doing this more and more. There used to be a frivolous article once a week, twice at most. Now though, it seems there is at least one or two every day. What happened?

      --
      Living With a Nerd
    4. Re:FUD article by commodore64_love · · Score: 4, Insightful

      It draws more people and pays the bill.
      Just like how TLC is no longer a learning channel, but gets more viewers

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    5. Re:FUD article by Anonymous Coward · · Score: 4, Insightful

      Besides, why now? Why not 5 years ago? Why not last year?

      Yeah exactly like with Mono. If Microsoft was really wanting to launch a patent assault over mono they would have done it years ago they wouldn't be waiting for some unspecified time in the future to do so. It's the same FUD as the supposed "java trap" that also never materialized and was never going to materialize.

    6. Re:FUD article by Jezza · · Score: 4, Insightful

      IBM have already stated that they will use their IP to protect Linux, especially against Microsoft. If Microsoft really want to try this they'll do so knowing they'll need to defend Windows IP against IBM - I wouldn't fancy their chances.

    7. Re:FUD article by The+Moof · · Score: 4, Funny

      Besides, why now? Why not 5 years ago? Why not last year?

      The author's site needed a traffic boost now, not 5 years ago, not last year.

    8. Re:FUD article by ircmaxell · · Score: 4, Insightful

      That's why these lawsuits aren't directly attacking Linux (yet). Apple went after HTC, even though most of the meat of their suit involves Android. They are doing this in the hope that going to court and winning will set the legal precedent they need to increase the chances of victory against the far more powerful forces at play. MS will likely do the same thing. I HIGHLY doubt they would go directly after Linux (the kernel), Red Hat, Ubuntu, or Android right off the bat. What's more likely to happen, is they will start going after the small players, and get to the point where they have done enough damage to take on the big ones...

      All this does is show how broken the US patent system really is, and how entire markets could be taken out in a mass suicide strike unless something is done about it.

      --
      If a man isn't willing to take some risk for his opinions, either his opinions are no good or he's no good
    9. Re:FUD article by east+coast · · Score: 5, Insightful

      Slashdot took a serious nose dive when they left behind the tech and took up the banner of political activism. I knew that on the day they (as in KDawson) started posting non-tech political articles on the front page that all kinds of weirdos and trolls were going to come out of the woodwork. The genie is out of the bottle and nothing is going to stop the endless cheap shots and mud smearing between idealogical camps.

      --
      Dedicated Cthulhu Cultist since 4523 BC.
    10. Re:FUD article by Obyron · · Score: 4, Funny

      TLC has taught me that God wants me to crank out children until my wife has complications and dies in childbirth, because the 18 kids I already have aren't enough.

      --
      --Obyron
    11. Re:FUD article by gad_zuki! · · Score: 5, Insightful

      >Just like how TLC is no longer a learning channel, but gets more viewers

      How dare you, sir! I have learned lots from TLC and the History channel. Specifically:

      1. The Paranormal powers of Hitler and the eventual return of his ghost.
      2. How Jesus and Bigfoot are flying to Alpha Centauri to establish a new religion.
      3. That Nazi gold is buried in the Andes and only an expert dowser and his sidekick spirtual medium can find it.
      4. How prophecies from hundreds of years ago apply in my everyday life!
      5. That Stalin's mustache was the seat of his paranormal power!
      6. That Nessie was the dinosaur Noah rode after the flood!
      7. That special codes in the Bible reveal winning lotto numbers!

      Thats stuff they wont teach you in school.

    12. Re:FUD article by Yvanhoe · · Score: 4, Interesting

      The whole tech world took a serious nose dive when politics began to cluelessly try to regulate how to programm, interconnect computers, transmit content and say what I can or can't do with a screwdiver and the electronics I purchased.

      The fact that we techies have to learn more about legalities and politics these days than about the latest tech is a serious problem, and slashdot articles unfortunately reflects that but I really think that it is the whole field that is moving in this direction.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    13. Re:FUD article by shutdown+-p+now · · Score: 4, Insightful

      Thats stuff they wont teach you in school.

      They fixed that in Texas.

  2. Prior Art by saider · · Score: 4, Interesting

    I guess open source developers need to get their ideas, no matter how primitive, into the various open source repositories so that there is ample prior art to defend with.

    --


    Remember, You are unique...just like everyone else.
  3. 6 subtle ways /. disguises bullshit as facts by Rhaban · · Score: 5, Insightful

    well, almost:

    http://www.cracked.com/article_18458_6-subtle-ways-news-media-disguises-bullshit-as-fact.html

  4. Obvious target is obvious by idiotnot · · Score: 4, Insightful

    This isn't about Linux. It's about Google. Google could be using a closed-source kernel, and Apple would still be suing them, with Microsoft quietly cheering.

  5. Re:Don't publish in the US by Runaway1956 · · Score: 4, Informative

    Have you forgotten ACTA? That rancid pustule from a diseased whore's ass is supposed to ensure that everone, everywhere on earth complies with US patent and copyright law.

    And, believe me, Microsoft has a voice in ACTA. ALL the rights holders in the world with more than a couple million dollars at stake has bought a chair in the discussions. You will note that voters, taxpayers, and citizens have no voice . . .

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br