Bonum Certa Men Certa

Didio: Ballmer's IP Threats an "Intimidation Tactic"

Linuxworld has an article regarding Microsoft's recent public statements regarding possible IP infringement in Linux and FOSS, and there is a quote that is not as notable so much for its content as its source:

Some observers say the possibility of Ballmer asserting rights to patents that Linux may have potentially infringed upon is slim.

"At this point I think it is more of an intimidation tactic," says Laura DiDio, an analyst with the Yankee Group. "To tell you the truth, if I am Joe IT, I don't know if this is much of a deterrent to me. Quite frankly, you have to prove [patent infringement]."

I agree, but more and more, I don't think this is as much about an attack on Linux as I did initially. The FUD that Mr. Ballmer spewed was genuinely not part of the deal, and I believe this is why Novell had the reaction they did.

This deal is designed to undermine the EC Antitrust Ruling, allowing Microsoft to now argue that Novell (formerly a plaintiff against MS in antitrust litigation) sees the value and necessity in paying license fees and royalties to interoperate with Windows.

Microsoft was worried that the EC ruling establishes a precedent of compulsory licensing, which Microsoft contends would stifle innovation if they were required to do so. As analyst Matt Rosoff put it:



Analyst Rosoff maintained that Microsoft is concerned about the long-term precedent of having a governmental body force it to do something to its core product. From Microsoft's point of view, he explained, it "owns Windows and it doesn't make sense that a government body should dictate design points in it."

Microsoft also has intellectual property concerns about the EC decision, he added. "It doesn't want what it views as its intellectual property to go into a general public-type license, a GPL-type license, where it can be freely shared," he said.
Perhaps Novell also is wary of such a precedent, they do have a significant "IP Portfolio" of their own, as they have been noting themselves.

Comments

Recent Techrights' Posts

Proprietary Software is Bad for Your Health, Not Just Your Finances, Privacy and So On
It would be interesting to see some charts, based on some long-term study, comparing the general health (blood pressure, BMI etc.) of people who use proprietary stuff and people who do not
Microsoft Admits Business Perils as Windows Continues to Fall
‘Microsoft missed the biggest business model…’
Technical Specifications at Times of Tyrannies
Specifications (specs) must evolve with the times
In Case Rust Censors It (Rust Has Long Been All About Censorship), Here's a Critical Look at Rust's Goals
In the case of Rust, instead of "the liberation of the digital society" we have empowerment of Microsoft GitHub and of GAFAM in general. Guess who funds this...
Gemini Links 23/02/2025: Respectful Platforms Manifesto and Internet Archive
Links for the day
The Significance of the Timing of the Ridiculous Letters From Brett Wilson LLP, Acting on Behalf of People From Microsoft
A preliminary look at the timeline and what it tells us
Politicians Ought to Invite Dr. Richard Stallman and Prof. Eben Moglen to Speak About Policies, Licensing, Digital Sovereignty
Is there something in Europe other than RMS' talk this coming Monday (that we're not yet aware of)?
The So-called 'IT' Industry Became Somewhat of a Fraud Where People Equate Usage and Power Wasted With "Value" or "Success"
When did 'IT' become a weapon rather than technology/science?
Things to Like About London
Many important or "powerful" people leave near there
 
Links 24/02/2025: Germany Looks to Distance Itself From US, Environment at Risk, Mass Layoffs at Zendesk
Links for the day
[Meme] It's Over, Microsoft
an obligatory meme
Even Worse Than LLM Slop and Linkspam From UNIXMen
UNIXMen is basically a defunct spamfarm at this point (the author is "sarwarSEO")
Gemini Links 24/02/2025: Osiris 0.1.0 Release (File Sharing in Gemini Protocol), NetBSD 10.1 on the Pi
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 23, 2025
IRC logs for Sunday, February 23, 2025
Links 23/02/2025: Democracy Backsliding and German Election
Links for the day
Joining APRIL(.org), AGM weekend, Paris, 15-16 March 2025
Reprinted with permission from Daniel Pocock
Links 23/02/2025: Zuckerberg Despised, US Government Does Not Obey Judges, France Grapples With Terrorism
Links for the day
Links 23/02/2025: Apple Back Doors, Ukraine Updates, and Gemini Leftovers
Links for the day
Recent Improvements in Techrights
minimalism works fine when the main goal is to relay information
Slopwatch: Brian Fagioli, Brittany Day (linuxsecurity.com), and Microsoft Misinformation, False Marketing
Serial Sloppers
Censored: Debian Zizian transgender vigilante comparisons in open source Linux communities
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 22, 2025
IRC logs for Saturday, February 22, 2025
Links 22/02/2025: OpenAI Plans to Possibly Abandon Microsoft, Facebook Doubles Execs' Bonuses While Sacking Thousands
Links for the day
Gemini Links 22/02/2025: Weekend Chill and Programming Thoughts
Links for the day
Good Explanation of Why IBM Has Chosen to Conceal Mass Layoffs (of 'Expensive' Staff) as "R.T.O." (Even For People Who Never Worked at the Office to Which They're Ordered to "Return")
Many remaining IBM (or Red Hat) workers in Europe are in "cheaper" places such as Brno
Microsoft's Serial Strangler and Matthew J. Garrett Join Forces in Trying to Gag Techrights (for Exposing Microsoft Corruption and Crimes Against Women)
Whose terrible idea was it?
Links 22/02/2025: Labour Department Investigates Microsoft Infosys Amid Mass Layoffs, Large Law Firms Caught Red Handed With LLM Slop (Defrauding Clients and Courts)
Links for the day
Gemini Links 22/02/2025: Analog Stuff, Sigil, and SSGs
Links for the day
Microsoft's Market Share in Cameroon Falls to New Lows
This means a lot of Android users (iOS is about 4 times smaller), but Android does not mean freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 21, 2025
IRC logs for Friday, February 21, 2025
The Streisand Effect is Real
So don't be evil. Also, don't strangle women.