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Microsoft: 235 open source 'patent infringements'


spinynorman
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The Register reports the claim that the Linux kernel violates 42 Microsoft patents and the GUI stomps on another 65. Open Office plays free and easy with 45 more, while email programs do for 15, and miscellaneous open source programs accounting for the remaining 68.

 

Groklaw offers a reassuring analysis...

 

"Ooh, ooh, the bogeyman is gonna getcha with his stupid patents. Or maybe not. " :)

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This article is very well written and quite objective:

http://money.cnn.com/magazines/fortune/for...5/28/100033867/

 

I actually find this situation a little fearfull, although software patents still don't hold in Europe... so far...

 

Yves.

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Wow following in SCO footsteps is just plain stupid.. Then again coming for the same people that gave us, Winblows 95-Vista what can you expect? What companies need to do is start pointing out infringements M$ has done.. Everything they have copied from Unix down through Linux and Mac... For goodness sake how freaking greedy can a company be? Having 90% of the worlds PC's running your operating system is not good enough??? WTF Richmond!!!!!

 

sorry for the Rant people but this really ticks me off.

-sc

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Every OS has copied some idea of function or "concept" from another OS at some point and time. MS is no exception.

 

As far as "following in SCO's footsteps" - who do you think it was that pushed SCO to sue and helped fund their litigation? There may be no direct evidence (emails, etc.) that MS prodded SCO, but there are some interesting financial transactions...

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Linus Torvalds Responds To Microsoft Patent Claims

 

Linus Torvalds, lead developer of the Linux kernel, has a sharp retort to Microsoft executives' statements in a Fortune magazine article that Linux and other open-source code violate 235 Microsoft patents.

 

"It's certainly a lot more likely that Microsoft violates patents than Linux does," said Torvalds, holder of the Linux trademark. If the source code for Windows could be subjected to the same critical review that Linux has been, Microsoft would find itself in violation of patents held by other companies, said Torvalds.

 

"Basic operating system theory was pretty much done by the end of the 1960s. IBM probably owned thousands of really 'fundamental' patents," Torvalds said in a response to questions submitted by InformationWeek. But he doesn't like any form of patent saber rattling. "The fundamental stuff was done about half a century ago and has long, long since lost any patent protection," he wrote.

 

Microsoft should name the patents that it claims have been violated so the claims can be tested in court or so open-source developers can rewrite code to avoid the violation, Torvalds wrote.

 

"Naming them would make it either clear that Linux isn't infringing at all (which is quite possible, especially if the patents are bad), or would make it possible to avoid infringing by coding around whatever silly thing they claim," he said.

 

"So the whole, 'We have a list and we're not telling you,' itself should tell you something," Torvalds said of Microsoft's stance in the Fortune story. And for good measure, he added: "Don't you think that if Microsoft actually had some really foolproof patent, they'd just tell us and go, 'nyaah, nyaah, nyaah!'"

 

Microsoft would prefer not to actually sue anyone, particularly a Linux user who's also a Microsoft customer. "They'd have to name the patents then, and they're probably happier with the FUD [fear, uncertainty, doubt] than with any lawsuit," Torvalds predicted.

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I also think that's this is a pure FUD. What about Show us the Code campaign? Why Microsoft didn't react to that? The answer is simple to me - they base on their own wishful thinking, not on the facts. Otherwise Microsoft already would bring an action against Linus and many open source programmers and developers.

Edited by zibi1981
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There's quite a good film, at least I think so, that's very very similar to this. It's called "Anti-Trust" with Ryan Phillipe and Tim Robbins.

 

You'd have to watch it to see the striking similarities! I mean the code of open-source being used in a closed-source companies programs. The code being stolen by the said company from the open-source programmers. Nothing about patents, but nonetheless quite good.

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There's quite a good film, at least I think so, that's very very similar to this. It's called "Anti-Trust" with Ryan Phillipe and Tim Robbins.

 

You'd have to watch it to see the striking similarities! I mean the code of open-source being used in a closed-source companies programs. The code being stolen by the said company from the open-source programmers. Nothing about patents, but nonetheless quite good.

 

That has to be my favorite geek movie of all time. If you look at the computer in one of the first scenes they're using linux and gnome. It's all prochoice open software.

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