[lbo-talk] MSFT goes after Linux

Dwayne Monroe idoru345 at yahoo.com
Mon May 14 12:55:50 PDT 2007


We've heard this claim before.

Dear MSFT FUD team: show the alleged infringements or STFU.

With boundless un-love,

.d.

.....


>From Techdirt:

Well, well, well. The tech blogosphere is all abuzz concerning an article that came out this weekend in Fortune that has Microsoft claiming that open source software violates 235 Microsoft patents and that they want royalties for those patents. While some (including people submitting this story to us) suggest this means Microsoft is suing, that's not the case at all. They're just creating their standard FUD -- and it's not even new FUD. In 2004, Microsoft announced that Linux violated "more than 228 patents". This is doubly amusing, since the Fortune piece claims that its interview was "the first time" that Microsoft has ever revealed the precise number of patents. That's not true, unless you count the "more than" as not being precise. Of course, last time this happened, the research group that Microsoft based the 228 number on later said Microsoft took its research out of context. Either way, if all they've done is gone from 228 to 235 in 3 years, maybe that's not so bad.

Still, the key point here is that Microsoft can puff the numbers up and talk all it wants, and it's all just typical Microsoft FUD until they do something. The Fortune article notes that Microsoft has been quietly pushing on corporations to pay up -- and that started in earnest in (well, look at that...) 2004. So, my guess is that the 2004 burst of publicity convinced a bunch of companies to quietly pay up, but things have quieted down and Microsoft is fanning the flames to get a new round of quiet license fees out of companies who get a visit from the big bad Microsoft machine, and feel that it's cheaper to pay up than risk a fight (some might call that a shakedown, but we'll avoid that for now). In the meantime, this really is all meaningless unless Microsoft actually is willing to point out the 235 patents, say where they believe the infringement occurs and is willing to defend itself in court and at the Patent Office on those points. So far, we haven't seen that.

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<http://techdirt.com/articles/20070514/013229.shtml>



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