EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

05.13.07

Microsoft Pulls an SCO, Novell Gives Credence to Arguments

Posted in FUD, GNU/Linux, Microsoft, Patents, Steve Ballmer at 7:13 pm by Dr. Roy Schestowitz

Who didn’t see that coming?

Feeling the great pressure, Microsoft has just declared a patent war on Free software (including GNU/Linux).

Microsoft claims that free software like Linux, which runs a big chunk of corporate America, violates 235 of its patents. It wants royalties from distributors and users.

Recall the approach of SCO:

…Darl McBride, CEO of SCO, in 2003:

“The intellectual property roots of Linux are obviously flawed at a systemic level under the current model. To date, we claim that more than one million lines of UNIX System V protected code have been contributed to Linux through this model. The flaws inherent in the Linux process must be openly addressed and fixed.”

Microsoft’s approach here is similar.

Microsoft refuses to state which particular patents are infringed in an attempt to avoid retaliation from FOSS advocates. However, the statements certainly put Linux and its users under a dark cloud — potentially sufficient for a declaratory judgment action under MedImmune v. Genentech (2006).

This is surely going to become a huge debate in weeks to come. How does Novell fit into this? As we have said all along, Novell acknowledges that there is patent infringement.

‘In mid-November, shortly after the pact was announced, Microsoft chief Steve Ballmer said companies that sell or run Linux, but aren’t covered under the Novell deal, are illegally using Microsoft’s IP. “We believe every Linux customer basically has an undisclosed balance-sheet liability,” he said.

He said in a later meeting: “I do think it clearly establishes that open source is not free.”

For that, Novell, you will be remembered as the puppet which, instead of fighting patent claims, only offered endorsement. Whose side were you on?

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

3 Comments

  1. shane said,

    May 13, 2007 at 7:22 pm

    Gravatar

    Hmmm. Why no response to my earlier request for specificity? Obviously, MS has performed a detailed analysis since then, here is a supposed breakdown:

    But he does break down the total number allegedly violated – 235 – into categories. He says that the Linux kernel – the deepest layer of the free operating system, which interacts most directly with the computer hardware – violates 42 Microsoft patents. The Linux graphical user interfaces – essentially, the way design elements like menus and toolbars are set up – run afoul of another 65, he claims. The Open Office suite of programs, which is analogous to Microsoft Office, infringes 45 more. E-mail programs infringe 15, while other assorted FOSS programs allegedly transgress 68.

  2. twitter said,

    December 8, 2008 at 5:23 pm

    Gravatar

    Steve Balmer’s reference repudiated Steve Ballmer’s patents claim in November of 2004. Steve got his numbers from an OSRM report by Dan Ravicher about the danger of software patents.

    “Microsoft is up to its usual FUD [fear, uncertainty and doubt],” said Dan Ravicher, author of the study Microsoft cites, who is an attorney and executive director of PUBPAT (the Public Patent Foundation). “Open source faces no more, if not less, legal risk than proprietary software. The market needs to understand that the study Microsoft is citing actually proves the opposite of what they claim it does. There is no reason to believe that GNU/Linux has any greater risk of infringing patents than Windows, Unix-based or any other functionally similar operating system. Why? Because patents are infringed by specific structures that accomplish specific functionality,” Ravicher said.

    This really needs to be trotted out wherever M$ waves patent FUD.

  3. G. Michaels said,

    December 8, 2008 at 8:27 pm

    Gravatar

    Take what this ‘twitter’ person says with a large grain of salt.

    Note: writer of this comment adds absolutely nothing but stalking and personal attacks against readers, as documented here.

What Else is New


  1. Links - Anti-Trust Roundups - Yahoo, Nokia, Barns and Nobel





  2. Links - MSNokia Passes Blame, Bill Gates pushes GMOs, Open Access news





  3. Links 7/2/2012: Firefox 11 Enters Beta, Canonical Disappoints KDE

    Links for the day



  4. IRC Proceedings: February 6th, 2012

    IRC logs for February 6th, 2012



  5. IRC Proceedings: February 5th, 2012

    IRC logs for February 5th, 2012



  6. Links 6/2/2012: PCLinuxOS 2012.02 and Mint KDE Reviews

    Links for the day



  7. Bill Gates Indoctrinates Youth in the United States and India, Critics Speak Out

    Backlash against the Gates Crusade to brainwash the young minds all around the world



  8. Bill Gates Uses Symbolic 'Donation' to Force Taxpayers to Pay Microsoft (of Which He Holds Shares)

    The Gates Foundation goes lobbying for Microsoft again, this time in Vietnam



  9. Monopoly as Innovation?

    Challenging the old misconception that patents are beneficial to anything but few multinationals and their patent lawyers



  10. Links 5/2/2012: Lenovo in India, Netrunner 4.1 is Out

    Links for the day



  11. IRC Proceedings: February 4th, 2012

    IRC logs for February 4th, 2012



  12. OpenStack, Microsoft, Junk Patents, Microsoft Copyrights, and Oracle Copyrights

    Another look at the OpenStack situation, why Microsoft should not be allowed to enter, and more about patent and copyright complications



  13. Apple, Which Started Patent Wars, Gets What It Deserves

    Apple products get banned (for the time being) after Apple decided to attack Linux-supporting competitors and then received some blowback



  14. Unitary Patent and the Emergence of More Junk Patents

    The rise of the junk patents and what we are taught about them by the news, including some news about the unitary patent in Europe



  15. Backlash Against Bill Gates' Lobbying for Patented Life

    GMO, a robbery of the right of reproduction (and a potential health hazard), is promoted by Bill Gates for profit, whereupon critics strike back



  16. IRC Proceedings: February 3rd, 2012

    IRC logs for February 3rd, 2012



  17. Links 4/2/2012: Ubuntu 12.04 Alpha 2 Preview, ACTA Backlash in Europe

    Links for the day



  18. A Glimpse at Executives Who Left the Sinking Novell Ship

    A roundup of news about former Novell staff and where that staff is moving these days



  19. Novell Makes New Software for Microsoft Windows and Office

    PR spin from Novell and money-grabbing moves that promote proprietary software rather than Free/Open Source software



  20. Links 3/2/2012: BT Vision Goes for Linux, Linux 3.3 With Android

    Links for the day



  21. Debt in Attachmate

    The company that bought Novell has a poor outlook, financial issues, and little signs of expansion/renaissance



  22. Longtime SUSE Executive Holger Dyroff Moves on, SUSE in a Bad State

    Key people continue to leave SUSE and the distribution is left without a compelling sales pitch



  23. Groklaw Update on Android Patent Cases and Response to FUD From Microsoft Lobbyists

    A few updates of greater importance where the Linux situation is discussed in the context of Android and Novell



  24. IRC Proceedings: February 2nd, 2012

    IRC logs for February 2nd, 2012



  25. Links 2/2/2012: DEFT Linux 7, Mozilla Firefox 10

    Links for the day



  26. IRC Proceedings: February 1st, 2012

    IRC logs for February 1st, 2012



  27. IRC Proceedings: January 31st, 2012

    IRC logs for January 31st, 2012



  28. IRC Proceedings: January 30th, 2012

    IRC logs for January 30th, 2012



  29. Bill Gates is Hijacking Open Source While Attacking It Using Lobbyists, Patents, and Patent Trolls

    Response to reputation laundering from Wired Magazine, the latest nonsense from Microsoft's lobbyist Florian Müller, an update on Microsoft's trolling against Android, and a little more of Apple's



  30. The Gates Foundation is Still Hijacking the Voice of the Poor and Effectively Runs Paid Advertisements Inside 'News'

    Money still the vehicle by which opinions get heard, so Bill Gates exploits this for fame, power, and profit


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts