If push comes to shove, would Microsoft sue its customers for royalties, the way the record industry has?So there is no new story here. Microsoft has claimed IP in Linux before, and has stopped short of saying what they'd actually do about it before. As a Slashdot commenter said, "
"That's not a bridge we've crossed," says CEO Ballmer, "and not a bridge I want to cross today on the phone with you."
Microsoft: It's a fact that Linux and free software infringe hundreds of our patents.Microsoft still won't say exactly what Microsoft patents exist in Linux, so as outrageous as some of the ideas in the Fortune feature are, they're not new. If there's any info here, maybe it's that Microsoft has now specified the amount of patents, (235), but still not what those patents are.
Journalist: Which ones?
Microsoft: Well, the kernel violates 60, the GUI violates...
Journalist (interrupting): which 60? Where is the list?
Microsoft: I'm not prepared to disclose that at this time.
Journalist: Well this is a big [effing] waste of my time, isn't it?
Journalist: I went through this same dance with Darl McBride. Call me when you have something to say, bye
That's like a poker player saying "I win" without showing their cards (code).Recommended or related:
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Using patents as competitive tools in the free software world is not acceptable. Novell, as a participant in numerous debates, discussions and conferences on the topic knew this to be the case. We call upon Novell to work with the Software Freedom Law Center to undo the patent agreement and acknowledge its obligations as a beneficiary of the Free Software community.And somehow this gets connected to the Sun Java announcement. Samba isn't the only one bugged by the Microsoft/ Novell arrangement. While Sun already had plans to open source Java, they had not decided on a license. It turns out that Sun decision to use the GPL is directly related to the Novell/ Microsoft agreement.
... one of the strongest motivations to select the GPL was the announcement made last week by Novell and Microsoft, suggesting that free and open source software wasn't safe unless a royalty was being paid. As an executive from one of those companies said, "free has to have a price."That's nonsense.
Free software can be free of royalties, and free of impediments to broadscale, global adoption and deployment. Witness what we've done with Solaris, and now, what we've done with Java. Developers are free to pick up the code, and create derivatives. Without royalty or obligation.
Those that say open source software can't be safe for customers - or that commercially indemnified software can't foster community - are merely advancing their own agenda. Without any basis in fact.
They're also fighting a rising tide.
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Labels: copyright, gpl, law, legal, license, microsoft, novell, patents, software, strategy, sun, technology
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