Microsoft's Linux patent assertions have been described as an attempt to undermine open source
Linux group calls Microsoft's bluff
/v3-uk/news/2005793/linux-calls-microsofts-bluff
04 Oct 2007, Iain Thomson , V3
The head of the Open Invention Network (OIN) has dismissed Microsoft's claims that Linux violates over 200 of its patents.
OIN chief executive Jerry Rosenthal told vnunet.com that Microsoft's assertions are simply an attempt to undermine the open source movement.
Rosenthal added that it is time for Microsoft to reveal the patents that are supposedly being infringed, or to drop the claims.
"The FUD is clear. If you have a patent that you are proud of, then disclose it," he said.
"If your patent is a good patent then you are not worried about revealing it before going to court because you would be confident of success."
Rosenthal believes that, if there are grounds for patent infringement, there would either be easy workarounds or the open source community would find 'prior art' which would invalidate the patent.
Rosenthal pledged to continue the work of the OIN as a protective measure until Microsoft stopped such tactics.
OIN buys patents on the open market and makes them available to companies royalty free, so long as those companies pledge never to use their own patents to attack open source code.
The organisation was set up by IBM, NEC, Novell, Philips, Red Hat and Sony and has a war chest of millions of dollars.
Mark Taylor, president of the Open Source Consortium, agreed with Rosenthal and described Microsoft's tactics in damning terms.
"We say show us the patents," he told vnunet.com. "This has been the strategy against open source all along. It's precisely the same tactics as SCO used: implied threats and mafia techniques. This is just FUD. It's smoke and mirrors. "
Taylor added that Microsoft is sorely mistaken if it hopes that its actions will slow down the spread of open source.
Laurant Lachal, open source research director at research firm Ovum, said: " Microsoft is too easy a bogeyman in this kind of situation.
"It is true that Microsoft is using FUD to attack open source, but the software industry has traditionally used FUD as a tactic. It is a normal way of doing business. IBM started it back when it was the powerhouse."
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Do you agree?
Place an ad
If you want to push Microsoft's hand in the patent claim areana I suggest placing a full page ad in the business section of the New York Times requesting they list the offending patents with a similar ad. This way it will become apparent to the business leaders that MS is blowing smoke if there is no response. If they respond, but fail to list any patents they will give the same impression.
Posted by Randy, 05 Oct 2007
Time for class action suit.
I think its time for some open and very legal action on part of the Linux community.
You've indicated, "There'll be a continuing spread of FUD as it tries to make customers nervous. Open source is a genuine competitor now and it's found a tactic to deal with that competitor, but I think the threat is diminishing.",
We all know that Microsoft is finding it hard to defeat Linux and seemingly resorts to method which may be illegal to WIN!.
As long as Microsoft makes these baseless claims some people will feal uncomfortable using Linux. As long as Microsoft make these claims they will and do damage Linux, Linux based business's and people that depend on Linux for income.
I'm being damaged by Microsoft. Your being damaged. Lets sue. Add my name to a class action suit and require both damages for past and ongoing injuries and full truth in the furture by Microsoft.
Posted by Carlton Lee, 06 Oct 2007
Learning from their own history
Microsoft was able to become a company BECAUSE Bill Gates refused to sign the non-disclosure/non-compete style contract with IBM back in the DOS days. They then sold their "dirty operating system" that IBM paid to develop to whoever wanted it.
Now that Open Source is taking more and more of their customers, they are crying patent infringement. I'd rather have a more secure and efficient OS for my computer through agreement between Microsoft and the Open Sourcers than whay I have now.
Imagine if IBM sued Microsoft for not signing the agreement? WOW!
Posted by RM, 08 Oct 2007
Learn Commercal Law
Linuxians need to come up to speed on Commercial law. Learn Maxims of law and then apply it (that is what they do to us).
1) Negative averment: you can't prove a negative, so making a negative statement forces it (MS a legal fiction) to prove the positive (i.e. puts the ball squarely in its court), to wit: I deny that MS has any patent claim on Linux code and I believe none exists .
2) Send this statement to MS with an opportunity to rebut, if it does not then it STANDS as TRUTH and MS has no claim.
(This is just to give an idea, the 'real' one would need to be embellished).
Posted by libdave, 09 Oct 2007
WEA? (wanna elucidate acronyms?)
Am I supposed to know what FUD means? It took a Google to be able to make sense of this news story.
The correct way to do it, by the way is:
"Microsoft's use of the Fear, Uncertainty, and Doubt (FUD) principle was condemnded today by everybody..."
TFYKA.
Posted by Al, 12 Oct 2007
Bill and Steve, Bill and Steve, Bill and Steve, Bill and Steve, Bill and Steve, Bill and Steve, Parasites, thieves
I agree with the above pundits. I'd love to see Microsux's hand forced. I'd love to see Steve (I'm gonna f#c&ing kill Google) Ballmer's face when he's faced with the reality that nothing they can do will ever work harm Linux again. I'd love to see the realisation that creeps across Billy Fencepost's suffering face as he sees his beloved company's share-price skid into nothingness.
There would be a touch of sadness because he did give us the home computer. The problem is that his company has done some of the scummiest deals to screw other companies & especially Linux.
Oh well, screw you Bill & Steve. The wedding is coming to an end. Bill's bolted from the gate & Steve is left lumbering across stages in an ever-increasing sign of madness. Perhaps the Largactil is no longer working Steve or aren't you taking it now.
Posted by Rex Alfie Lee, 26 Aug 2008