--CBR
Picture contributed by a reader
--IDG
Liar liar, hat's on fire!
Picture contributed by a reader
Following Microsoft's latest threats, as implicitly issued against Red Hat, Matt Asay tries to embellish things by pretending there is zero danger. He is already being refuted in LinuxToday, but more importantly, being careless and pathetic does not necessarily make one safe(r). In his new posts, "The dying embers of Microsoft's IP claims against open source," he tries to turn the table.
Indeed, I'd argue that one primary reason for shacking up with Novell wasn't Microsoft's patent portfolio, but rather Novell's: Novell had key IP that goes to the heart of Microsoft's Office business. The Linux patent covenant was a way for Microsoft to clean up its own patent violations. Funny, that. When I was at Novell my team in the CTO's office never worried about a patent lawsuit from Microsoft.
But that's just the way the modern software world works: it's such a thicket of conflicting IP claims that the only rational (and workable) solution is to overlook competing claims.
This is the same Microsoft that aggressively went after Red Hat in 2006 through a patent agreement with Novell, and subsequently dumped over $350 million into Novell in 2007 to fuel its attempt to kill Red Hat.
Silicon.com
and it discusses the Novell/Microsoft deal in the context of GPLv3. One part of it reads:
The 2006 agreement between Microsoft and Novell was struck ostensibly to make Linux and Windows work better together. But it also created an uneasy truce; indeed, commentators argue that Microsoft has recently started telling people it will not sue open source software users for patent infringement provided the users purchased software from a vendor that is paying Microsoft for the privilege of using its patented technology.
Microsoft has been making moves on the licensing front and accommodations with open source, such as its controversial 2006 agreement with Novell pertaining to Suse Linux. Looking to elaborate on Microsoft's activities, Horacio Gutierrez, Microsoft vice president and deputy general counsel for Intellectual Property and Licensing, met last week with InfoWorld Editor at Large Paul Krill at InfoWorld offices in San Francisco.
“Horacio Gutierrez is likely to be lying.”Groklaw caught that bit and added: "Note that IIRC Novell claimed it did not get a list. Later in the interview, he also seems to almost, maybe say something about the GPL. I hesitate to characterize it, and I don't want to overquote either, but do take a look."
Pamela Jones is right as we spotted this contradiction over a year ago. Horacio Gutierrez is likely to be lying.
Regardless of all this, Microsoft has its own patent trolls to resort to aggressive action. Microsoft created and still funds the world's largest patent troll, which is already expanding to countries where there is resistance to them. Additionally, Acacia, which accommodates former Microsoft seniors [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11], is still busy patent-trolling the whole world.
If a company's sole business is licensing and litigating patents, plus it's run by lawyers, what isn't protected by privilege?
That's the question being asked in a discovery fight between Diagnostic Systems Corp., which is a subsidiary of patent-holding company Acacia Research Corp., and a multitude of software companies it sued for patent infringement in the Central District of California.
Comments
Ian
2008-10-21 17:33:19
I don't buy that opinion. Someday Microsoft might turn litigious, but in the meantime and unlike SCO, they hold a dominant position in many market segments. SCO has never been able to make that claim. The company was merely a bus stop for a dead product(unixware). Sco had absolutely nothing else besides that dead product line and short sighted executives who, given the outcome of the past 4 years of SCO threats, were seemingly incompetent in the courts and the court of public opinion.
Jose_X
2008-10-21 17:56:28
pcole
2008-10-21 18:58:33
Now microsoft is headed down the same path; except the only cash infusion is/are the spoils of their anti-competitive and criminal behaviour, the cash cows that are drying up.
As PJ of Groklaw said, "MS IS THE NEXT SCO", and if anyone believes differnt they're lying to themselves; then again if they believe microsoft is ethical, they're already used to lies.
Roy Schestowitz
2008-10-21 19:19:39
Ian
2008-10-21 20:00:00
@pcole - What real assets are we talking about? 25 million dollars doesn't mean much of anything if it doesn't help you make more money(which is hasn't). Unixware, or specifically the copyrights SCO thought they owned, was the only thing of real sustainable value.
As far as ethics go, I don't think I mentioned anything about ethics. I would, however, go as far to say that Microsoft's posturing is dictated by their market position and corporate culture. I do not think that absolves them from public speculation or wrong doing, but I also do not think that they are the only software company capable of this type of activity. So when I see one company held up as a beacon of freedom, I balance that with their market position and what behooves them to act in a certain way.
@Roy - I won't be trying to roll out Vista at work any time soon. We're sticking with XP for the foreseeable future ourselves. However, I don't see how that is relevant to the conversation.
Roy Schestowitz
2008-10-21 20:25:06
Ian
2008-10-21 20:46:03
I insinuated that SCO had nothing to hang its hat on besides the waning install base of UnixWare/Open Series. Microsoft, however, has more than just the one mostly irrelevant product SCO can lean on.
Roy Schestowitz
2008-10-21 20:48:27
Gentoo User
2008-10-21 22:46:33
But then I don't expect much from someone who creates these ridiculous photoshopped images. 4chan is also famous for that, if it means anything to you.
Note: comment arrived from a witch hunter that does not even use GNU/Linux.
Roy Schestowitz
2008-10-22 09:11:31
stevetheFLY
2008-10-22 11:08:49
Note: comment has been flagged for arriving from an incarnation of a known (eet), pseudonymous, forever-nymshifting, abusive Internet troll that posts from open proxies and relays around the world.
landofbind
2008-10-23 05:41:53
Note: comment has been flagged for arriving from an incarnation of a known (eet), pseudonymous, forever-nymshifting, abusive Internet troll that posts from open proxies and relays around the world.