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

Microsoft-Sponsored Xenophobia and Nationalism
IBM is very similar in this regard
Tentative Summary of Things to Publish in Project 2030
I'll still be in my forties by then
 
Links 21/09/2025: "Hey Hi" (Hype) Under Fire, Fakes Identified; Tesla Burns Family
Links for the day
Google's Software is Malware and Malware in Mobile Devices
Originally posted by Rob Musial
Links 20/09/2025: Hegemony Coming to a Close, Luigi Mangione Ruled Not Terrorist
Links for the day
Gemini Links 21/09/2025: "Charlie Kirk Was a Hateful Piece of Shit" and Slop Code Attempted by Microsofter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 20, 2025
IRC logs for Saturday, September 20, 2025
Gemini Links 20/09/2025: Snowy Photos and utism is a Spectrum
Links for the day
Vintage is Sometimes Better
Why can't we get back to "simple" if (or where) "simple" means better?
Climate Breakdown Means We'll be Publishing More, Not Less
Press freedom will be a common, recurring theme
Our 5-Year Geminispace Anniversary is Coming Up
I still remember when Gemini Protocol was quite new
It's Right to Point Out Violence From the Right
Violence is a recurring theme
Web Browsers That "Do Hey Hi" (AI)
State-of-the-art plagiarism or "autocomplete on steroids" (not coined by us, nevertheless a nice description) don't have much/any prospect
Links 20/09/2025: Hardware Projects in View, Some Independent Publishers About Russia Prosper After Cheeto Cuts Funding
Links for the day
Gemini Links 20/09/2025: Options and TV Time Machine
Links for the day
Links 20/09/2025: Retrocomputer, Antique Phone Experience, and More
Links for the day
Links 20/09/2025: Internet Shutdowns, Media Censorship, and Climate Worries
Links for the day
About 700 New Gemini Capsules in 13 Months (or 54 Per Month)
4.8K would represent a 20% increase
Rust People: Drain the Swap, You're Holding It Wrong
Does Rust make sense?
Techrights the Name Turns 15
About 6 weeks from now we turn 19
Microsoft is Running Out of Time and Floating Fake Figures, Fake Projects, Fake Narratives, Fake Excuses
Also, a lot of Microsoft's "revenue" claims are circular financing (i.e. Microsoft buying from itself, which means Ponzi-like fraud)
Slopwatch: LinuxSecurity, linuxconfig.org, and Plagiarised Phoronix
Many articles out there are nowadays fake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 19, 2025
IRC logs for Friday, September 19, 2025
Gemini Links 20/09/2025: Navigating the Pressures of Modern Life and SpellBinding Accidentally Wrote Another Gemini Server
Links for the day
Links 19/09/2025: Press Freedom Dying in US, Anti-Austerity Strikes in France, and Alan Rusbridger to Leave 'Prospect'
Links for the day
European Patent Office Illegally Gutting and Outsourcing Its Functions, Acting Like an Above-the-Law Commercial Business (It Won't Stop at Formalities Officers (FOs) and Classification Slop at the EPO)
breaking/violating laws and conventions
Offloading to the Sister Site
In the interest of not overwhelming readers
Links 19/09/2025: Coffee Club and "SpellBinding is Now Absurdly Fast"
Links for the day
Links 19/09/2025: Lobbyist of American GAFAM Becomes Data Protection Commissioner in Europe
Links for the day
Links 19/09/2025: Media Freedom Ceases to Exist in US, "Consider Dropping Twitter/X"
Links for the day
Gemini Links 19/09/2025: Thinking and Insect Bites
Links for the day
Microsoft E.E.E.: Git Will Now (or Very Soon) Fully Depend on Rust, Which is Controlled by Microsoft
Microsoft now makes Git dependent on Rust, or making Git dependent on GitHub, which is proprietary
The Right to Punch People (Apparently)
At Brett Wilson, Brett's job title is "Head of Crime" and Wilson normalises calls for violence
Slop or Fake Articles Have Turned Linux Journal From a Pioneering/Trailblazing "Linux" Magazine Into a Nuisance
some sites with former reputation - good reputation - turn into cesspools
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 18, 2025
IRC logs for Thursday, September 18, 2025