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

05.16.07

Microsoft Open to Mutual ‘Innovation Tax’ (Protection Racket) Program

Posted in GNU/Linux, Microsoft, Patents at 6:31 pm by Dr. Roy Schestowitz

In the latest round of intimidation charades, Microsoft seems to respond to some claims made by Linus that Microsoft probably violated many patents.

Microsoft: If we’re violating IP, ‘we’ll take a license’

[...]

Now, courtesy of the same Microsoft public-relations representative who provided us press/blogger folks with Microsoft’s full statement on May 14 on its latest patent-infringement claims, here are a couple more Microsoft sound bites on this issue.

The company still seems to believe that it can impose innovation tax, as the following from Sun Microsystsms explains.

Last month, we were hit with two new patent troll cases. With each, there was no warning, no offer to license – just a lawsuit. And, who are these “aggrieved” plaintiffs? In the first case, the litigant is a company called “Exponential Systems”. Exponential alleges that our Sun Grid Compute Utility infringes their patents. So who is spuroAre they creators of competing technology? Do they invest in R&D? Do they create products and jobs that add value to society? Hard to tell, but I doubt it. All we know is that the original patents were owned by a company called “Hemisphere II Investments”, which then transferred the patents to Exponential for the grand sum of $5.

Seriously. We are being dragged into expensive litigation and this is all we know about the other party. Even more frustrating is that one of the primary goals of our Sun Grid is to drive down the cost of computing. I’ve written previously about this tax on innovation. This is a real example.

Software patents do not make sense. Nobody wants them or needs them, except those who try to protect a monopoly that can afford spurious paperwork.

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

A Single Comment

  1. gpl1 said,

    May 16, 2007 at 10:20 pm

    Gravatar

    Linspire and Kevin Carmony want to violate the spirit of the GPLv2 like Novell IMO.

    Unlike Novell’s agreement, I belive that this idea will still be legal under the GPLv3 (although of crouse Novell’s will be too with the grandfather clause)

    Please read this message board thread based on an article from
    Kevin Carmony.

    Thread: http://forum.freespire.org/printthread.php?t=7196&pp=100

    Article: http://www.linspire.com/linspire_letter_archives.php?id=45

    He posts about wanting to give Linspire _customers_ the option of
    paying Microsoft their extortion money, (somewhat like Novell), but it
    seems tailored to circumvent the current GPLv3 draft this time.

    “Originally Posted by dale95: So Linspire is willing to essentially
    pay royalties to Microsoft for patents? Even though it is against the
    GNU license which Lunix is under?

    Kevin Carmony is saying he agrees with the idea that Linspire pays
    Microsoft in exchange for not sueing Linspire customers over patent
    rights, especially corporate and business customers.

    Wow! I did not really understand the earlier Novell – Microsoft
    agreement before.

    I guess it is practical in the short term.. but are the minds that
    built Linux going to keep writing code which Microsoft skims money
    from.

    Mmm.. Interesting..”

    “Originally Posted by Kevin Carmony: No, Linspire wouldn’t pay the
    royalty, the customer would…IF THEY CHOOSE. What Linspire would
    consider is providing THAT CHOICE, rather than see Linux flounder as
    enterprise customers avoid it on the desktop for fear of messy IP.

    That was the whole point of the Linspire Letter, is that THE USER
    should have the choice here, not you, not me. Some enterprise
    customers and some OEMs would opt for that choice, others wouldn’t.
    That should be THEIR choice, not mine or yours. Thing is, some in the
    open source community believe enterprises shouldn’t even have that
    choice, in which case, they’ll just avoid Linux.

    Kevin”

    I don’t believe the current GPLv3 draft 3 would stop this action,
    since the customers buying the license are distributing and therefore,
    GPLv3 section 11 will not kick in.
    “If, pursuant to or in connection with a single transaction or
    arrangement, you convey, or propagate by procuring conveyance of, a
    covered work, and grant a patent license providing freedom to use,
    propagate, modify or convey a specific copy of the covered work to any
    of the parties receiving the covered work, then the patent license you
    grant is automatically extended to all recipients of the covered work
    and works based on it.” Of course, the customer then could not
    distribute GPLv2 or GPLv3 software, but that happens today already, as
    Jeremy Allison stated in his February LinuxWorld interview.

    Very disturbing, please reply back your comments or post something on
    Groklaw regarding this new threat ….it seems the GPL is falling
    apart ot me apart and becoming non-free right in front of our eyes (of
    course, they’re companies, but the GPL made Linux *the communities’*
    and *free*). I am not sure whether this is more or less significant
    than it seems to me.

What Else is New


  1. Major Revelation: Microsoft Blackmail Against LAMP (GNU/Linux and Free Stacks for Servers) Goes At Least 16 Years Back, Predating the Novell Patent Deal

    (Techno-)Anthropological analyses of Microsoft's patent war on Free/libre software must take into account what Microsoft did to MySQL, a Swedish company at the time



  2. Links 4/4/2020: Sparky 5.11, Firefox 74.0.1, POCL 1.5

    Links for the day



  3. IRC Proceedings: Friday, April 03, 2020

    IRC logs for Friday, April 03, 2020



  4. Links 3/4/2020: Ubuntu Beta, GNOME 3.36.1, ExTiX LXQt Mini, NetBSD 8.2 Released

    Links for the day



  5. Digital Communication, Digitalisation and Videogaming Among the EPO's Latest Smokescreens for Illegal and Abstract Patents on Algorithms

    The EPO keeps liaising with the EU to promote patents which EU officials have themselves said were illegal; to make matters worse, the EPO's violations of its own laws inspire the United States to do the same



  6. Emotional Blackmail for Illegal Software Patents

    Semantic tactics the European Patent Office (EPO) uses to promote software patents in Europe and may theoretically use in the future (satire)



  7. Clear Linux is to GNU/Linux What Clearly Defined is to Open Source

    The idea that we need Intel to take GNU/Linux ‘mainstream’ is ludicrous; as OSDL co-founder (now succeeded in the flesh of the Corporate Linux Foundation), Intel is more about Linux (with DRM, “secure boot” and everything that lets it be remotely controlled) than about GNU and it’s not too keen on GPL (copyleft), either



  8. IRC Proceedings: Thursday, April 02, 2020

    IRC logs for Thursday, April 02, 2020



  9. Links 2/4/2020: Linux 5.6.2, Qt Creator 4.11.2, LineageOS ROM Based on Android 10

    Links for the day



  10. OIN in 2020 Resembles Linux Foundation in 2020 (Corporate Front Group Piggybacking the Linux Brand)

    We regret to say that the Open Invention Network seems not to care at all about Software Freedom; to make matters worse, it is a proponent of software patents and a voice for companies like IBM and Microsoft, not the "Community" it fancies misrepresenting



  11. Inside the Free Software Foundation (FSF) - Part IX: Semi-Happy Ending

    Richard Stallman is here to stay and the FSF will let him stay (as chief of GNU); we want to close the series on a positive note



  12. IRC Proceedings: Wednesday, April 01, 2020

    IRC logs for Wednesday, April 01, 2020



  13. Upcoming Articles and Research Areas

    Although we've failed to write as much as usual, we're still preparing some in-depth articles and maintaining Daily Links (in spite of unforeseen ordeals like a forced laptop migration)



  14. Links 2/4/2020: ProtonMail Bridge for Linux, GTK 3.98.2 and Red Hat DNF 4.2.21

    Links for the day



  15. Links 1/4/2020: Linux 5.7 Merges, Qt 5.14.2, GhostBSD 20.03, Linux Mint 20 Ulyana Plans, WordPress 5.4 “Adderley”

    Links for the day



  16. IRC Proceedings: Tuesday, March 31, 2020

    IRC logs for Tuesday, March 31, 2020



  17. Techrights to Delete Articles From All Past Years to Save Disk Space

    What if we deleted over 25,000 posts?



  18. IRC Proceedings: Monday, March 30, 2020

    IRC logs for Monday, March 30, 2020



  19. Links 30/3/2020: GNU Linux-libre 5.6, WireGuard 1.0.0

    Links for the day



  20. IRC Proceedings: Sunday, March 29, 2020

    IRC logs for Sunday, March 29, 2020



  21. Links 30/3/2020: Linux 5.6, Nitrux 1.2.7, Sparky 2020.03.1

    Links for the day



  22. The Fall of the UPC - Part IX: Campinos Opens His Mouth One Week Later (and It's That Hilarious Delusion Again)

    Team Campinos said nothing whatsoever about the decision of the FCC until one week later, whereupon Campinos leveraged some words from Christine Lambrecht to mislead everybody in the EPO's official "news" section



  23. Pretending EPO Corruption Stopped Under António Campinos When It is in Fact a Lot Worse in Several Respects/Aspects (Than It Was Under Benoît Battistelli)

    Germany's eagerness to keep Europe's central patent office in Munich (and to a lesser degree in Berlin) means that politicians in the capital and in Bavaria turn a blind eye to abuses, corruption and even serious crimes; this won't help Germany's image in the long run



  24. IRC Proceedings: Saturday, March 28, 2020

    IRC logs for Saturday, March 28, 2020



  25. Links 28/3/2020: Wine 5.5 Released, EasyPup 2.2.14, WordPress 5.4 RC5 and End of Truthdig

    Links for the day



  26. IRC Proceedings: Friday, March 27, 2020

    IRC logs for Friday, March 27, 2020



  27. The Fall of the UPC - Part VIII: Team UPC Celebrates Death, Not Life

    Team UPC plays psychological games now; it is trying to twist or spin its defeat as good news and something to be almost celebrated; it is really as illogical (and pathetic) as that sounds



  28. Links 27/3/2020: GNU/Linux Versus COVID-19 and Release of GNU Guile 3.0.2

    Links for the day



  29. When Your 'Business' is Just 'Patent Portfolio'

    Hoarding loads of patents may seem impressive, but eating them to survive is impossible if not impermissible



  30. LOT Network is a One-Man (Millionaire's) Operation and Why This Should Alarm You

    The ugly story of Open Invention Network (OIN) and LOT; today we take a closer look at LOT and highlight a pattern of 'cross-pollination' (people in both OIN and LOT, even at the same time)


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

Home iconSite Home: Background about the site and some key features in the front page

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

Recent Posts