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Vvellum
Stranger

Registered: 05/24/04
Posts: 10,920
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Microsoft and Linux - SCO all over again
#6302314 - 11/20/06 10:47 AM (17 years, 2 months ago) |
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http://www.linuxworld.com.au/index.php/id;839593139;fp;2;fpid;1
Quote:
Ballmer: Linux users owe Microsoft
Eric Lai, Computerworld
17/11/2006 13:38:57
In comments confirming the open-source community's suspicions, Microsoft CEO Steve Ballmer Thursday declared his belief that the Linux operating system infringes on Microsoft's intellectual property.
In a question-and-answer session after his keynote speech at the Professional Association for SQL Server (PASS) conference in Seattle, Ballmer said Microsoft was motivated to sign a deal with SUSE Linux distributor Novell earlier this month because Linux "uses our intellectual property" and Microsoft wanted to "get the appropriate economic return for our shareholders from our innovation."
The Nov. 2 deal involves an agreement by Novell and Microsoft to boost the interoperability of their competing software products. It also calls for Microsoft to pay Novell US$440 million for coupons entitling users to a year's worth of maintenance and support on SUSE Linux to its customers. In addition, Microsoft agreed to recommend SUSE software for Windows users looking to use Linux as well.
A key element of the agreement now appears to be Novell's US$40 million payment to Microsoft in exchange for the latter company's pledge not to sue SUSE Linux users over possible patent violations. Also protected are individuals and noncommercial open-source developers who create code and contribute to the SUSE Linux distribution, as well as developers who are paid to create code that goes into the distribution.
Many open-source advocates criticized the deal, nevertheless. They argued that it was tantamount to an admission of patent violations by a key Linux supporter that bolstered Microsoft's case if it decided press its patent claims.
At the time, Microsoft officials, including Ballmer, were mum on whether the Linux kernel, which is governed by the General Public License and takes contributions from programmers all around the world, violated Microsoft's patents.
Ballmer was more open Thursday.
"Novell pays us some money for the right to tell customers that anybody who uses SUSE Linux is appropriately covered," Ballmer said. This "is important to us, because [otherwise] we believe every Linux customer basically has an undisclosed balance-sheet liability."
"My reaction is that so far, what he [Ballmer] said is just more FUD [fear, uncertainty and doubt]," said Pamela Jones, editor of the Groklaw.net blog, which tracks legal issues in the open-source community. "Let him sue if he thinks he has a valid claim, and we'll see how well his customers like it."
Officials at Red Hat, the leading Linux distributor, also dismissed Ballmer's comments. "We do not believe there is a need for or basis for the type of relationship defined in the Microsoft/Novell announcement," said Mark Webbink, deputy general counsel.
Red Hat has called Microsoft's legal threat a looming "innovation tax." It also said that it can protect its customers against patent claims.
Jones noted that after the Nov. 2 deal was announced, Novell said on its Web site that "the agreement had nothing to do with any known infringement. So which is true?"
Jones also challenged Ballmer to "put his money where his mouth is" and detail exactly what part of the Linux kernel source code allegedly infringes upon Microsoft patents, so that "folks will strip out the code and work around it or prove his patent invalid."
Ballmer did not provide details during his comments Thursday. But he was adamant that Linux users, apart from those using SUSE, are taking advantage of Microsoft innovation, and that someone -- either Linux vendors or users -- would eventually have to pay up.
"Only customers that use SUSE have paid properly for intellectual property from Microsoft," he said. "We are willing to do a deal with Red Hat and other Linux distributors." The deal with SUSE Linux "is not exclusive," Ballmer added.
Robert McMillan, of the IDG News Service, contributed to this report.
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Vvellum
Stranger

Registered: 05/24/04
Posts: 10,920
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Re: Microsoft and Linux - SCO all over again [Re: Vvellum]
#6302325 - 11/20/06 10:50 AM (17 years, 2 months ago) |
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Quote:
Microsoft makes claim on Linux code And sets alarm bells ringing in open source community By OUT-LAW.COM → More by this author Published Monday 20th November 2006 14:31 GMT Get The Register's new weekly newsletter for senior IT managers delivered to your inbox, click here.
Microsoft CEO Steve Ballmer has said that every user of the open source Linux system could owe his company money for using its intellectual property. The statement will confirm the worst fears of the open source community.
Microsoft recently signed a deal for SUSE Linux, a Novell-owned distribution of the Linux operating system. The two companies pledged that they would improve the interoperability of their products. Open source advocates were amazed at the deal, but Ballmer's comments could vindicate the suspicions of some.
Ballmer said in a question and answer session at a technology conference that Microsoft signed the deal because Linux "uses our intellectual property" and it wanted to "get the appropriate economic return for our shareholders from our innovation".
Those claims to rights in Linux will set alarm bells ringing in the open source community. Some had argued that the deal was a sophisticated way of claiming rights over the software.
The deal involved a payment of $440m from Microsoft to Novell for coupons which Microsoft users can redeem against support for SUSE Linux. A payment that now looks to be more important, though, is a $40m payment from Novell to Microsoft, reported to be a pledge that Microsoft will not sue its users for patent infringement.
Ballmer was explaining the rationale behind that deal. "Novell pays us some money for the right to tell customers that anybody who uses SUSE Linux is appropriately covered," he said, according to Computerworld. "This is important to us, because we believe every Linux customer basically has an undisclosed balance sheet liability."
The comments will provoke fury amongst open source advocates who believe that Microsoft has no claims at all on the intellectual property contained in Linux.
In explaining the deal before Ballmer's comments, Roger Levy, vice-president of open platform solutions at Novell, told a Paris press conference that the deal solved a problem which was costing both firms money.
"Customers were afraid they'd get sued if they crossed platforms and this meant that they were hesitating on buying decisions," said Levy. "As part of the deal Microsoft will agree not to sue our customers and we agreed not to sue their customers. This is not an agreement between companies – we can still sue each other for any number of reasons – but ultimately our respective customers needed peace of mind to make decisions."
Red Hat, which also distributes commercial versions of Linux, refused to sign a similar deal with Microsoft. Red Hat "does not believe there is a need for or basis for the type of relationship defined in the Microsoft-Novell announcement", deputy general counsel Mark Webbink told news agency Bloomberg in a statement.
Copyright © 2006, OUT-LAW.com
http://www.theregister.co.uk/2006/11/20/microsoft_claims_linux_code/
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supercollider
superconducting


Registered: 10/13/00
Posts: 1,234
Loc: Waxahachie
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Re: Microsoft and Linux - SCO all over again [Re: Vvellum]
#6302337 - 11/20/06 10:53 AM (17 years, 2 months ago) |
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There's already a thread running about this, but thanks.
-------------------- Supercollider? I just met her!
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Diploid
Cuban


Registered: 01/09/03
Posts: 19,274
Loc: Rabbit Hole
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Re: Microsoft and Linux - SCO all over again [Re: Vvellum]
#6302803 - 11/20/06 01:37 PM (17 years, 2 months ago) |
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Quote:
Jones also challenged Ballmer to "put his money where his mouth is" and detail exactly what part of the Linux kernel source code allegedly infringes upon Microsoft patents, so that "folks will strip out the code and work around it or prove his patent invalid."
Ballmer did not provide details during his comments Thursday. But he was adamant that Linux users, apart from those using SUSE, are taking advantage of Microsoft innovation, and that someone -- either Linux vendors or users -- would eventually have to pay up.
It seems like Microsoft is trying to lay patent claim almost to the concept of "software". They already claim to have a patent on 'double clicking'. Next maybe they'll claim to have invented the concept of 'kernel'.
Where will this end?
-------------------- Republican Values: 1) You can't get married to your spouse who is the same sex as you. 2) You can't have an abortion no matter how much you don't want a child. 3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer. 4) We need a smaller, less-intrusive government.
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