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18 May 2007
Microsoft's claim that it has found 235 patent violations in open source software could be good news for Novell, if advice from Redmond is followed.
Microsoft representatives have told vnunet.com that the company has no plans to launch SCO-style legal action against open source users.
Instead it will rely on deals such as those with Novell, Dell and Samsung and encourage open source users to buy software from companies approved by Microsoft.
"Rather than litigate, Microsoft has spent the past three years building an intellectual property bridge that works for all parties, including open source, and the customer response has been tremendously positive," said a Microsoft spokesman.
"Our focus is on continuing to build bridges. Microsoft and Novell have already developed a solution that meets the needs of customers, furthers interoperability, and advances the interests of the industry as a whole.
"Any customer that is concerned about Linux intellectual property issues needs only to obtain their open source subscriptions from Novell."
Microsoft has also said that it will reveal the patent problems which it claims exist in open source code, but only as part of a licensing discussion.
Linux kernel creator Linus Torvalds this week issued a challenge to the company to make public all the claimed violations.
Microsoft plans to release details of the violations, but only in "private conversations in the process of licensing discussions with companies looking in good faith for ways of resolving the situation", according to the Microsoft spokesman.
"We will walk through a number of exemplary patents and go as deep as they want us to go," he said.
"Our experience has been that it does not take companies a long time to figure out that there is an issue here and that we will work with them to resolve it in a constructive way."
But any plans for open source users to buy from Microsoft-approved vendors like Novell could fall foul of the new version of the General Public Licence.
GPL3 includes a provision to block deals on open source like those made by Novell, Dell and Samsung.
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Do you agree?
Look to Utah.....
This article is true but not complete. The agreement does not include Outlook or Office products so if you are a business and don't use a Novell mail program or an office product then no worries. IP is another bothersome term. IP doesn't exist in a court of law. Things like copyright and patents or trade secrets are used in courts of law. A car patent means you can't make a car. a car copyright means you can't make a Chevy but you can make device with wheels and a steering wheel that moves people down the road. Just threatening with IP doesn't really define anything at all because I can still make a car if the IP is just a copyright. Claim jumper is more fitting title for this article.
Posted by: Dick Kolklayshr 02 Jun 2007
Think before you publish
I know it is good practice to copy paste a press release and pretend its journalism, but normally in the process of newsgathering, at least some critical thinking is required. For instance: Suppose I was to go public and claim that your children have broken laws and stolen my property, but I'm only willing to explain what they did with if you enter a process of paying me damages. you'd all be up in arms screaming "slander" and "extortion"! Might have been nice to look at that angle instead of sprinkling some quotes around, wouldn't you say?
Posted by: stilus 20 May 2007
Unfounded IP claims
It is an offence to advertise products based on unfounded claims. These MS adverts claim IP with no legal basis. Any intelligent person does not need a recommended open source product from Microsoft.
Posted by: IT manager 19 May 2007