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Red Hat Vows To Stand Up To Patent Intimidation

Posted by Zonk on Thu Oct 11, 2007 03:36 PM
from the stiff-upper-lip dept.
mrcgran writes "Eweek is reporting on Red Hat's assurances that can continue to deploy Linux without fear of legal retribution from Microsoft. This, despite the increasingly vocal threats emanating from Redmond. 'In a scathing response to Ballmer's remarks, Red Hat's IP team said the reality is that the community development approach of free and open-source code represents a healthy development paradigm, which, when viewed from the perspective of pending lawsuits related to intellectual property, is at least as safe as proprietary software. "We are also aware of no patent lawsuit against Linux. Ever. Anywhere," the team said in a blog posting.'"
+ -
story

Related Stories

[+] Ballmer Suggests Linux Distros Will Soon Have to Pay Up 520 comments
An anonymous reader writes "Via Groklaw comes comments from Microsoft's Steve Ballmer at a UK event, in which the company once again threatens Linux distributions that haven't signed up with their program. '"People who use Red Hat, at least with respect to our intellectual property, in a sense have an obligation to compensate us," Ballmer said last week ... Ballmer praised Novell at the UK event for valuing intellectual property, and suggested that open source vendors will be forced to strike similar deals with other patent holders. He predicted that firms like Eolas will soon come after open source vendors or users. Microsoft paid $521m to settle a patent claim by Eolas in August.'"
[+] Linux Patent Infringement Lawsuit Filed Against Red Hat/Novell 473 comments
walterbyrd writes "Just months after the last nail in SCO's case, and on the same day as Red Hat's brave words about patent intimidation, a company filed the first patent suit against the Linux operating system. IP Innovation LLC filed the claim against Red Hat and Novell over U.S. Patent No. 5,072,412. PJ points out there is prior art here: 'You might recall the patent was used in litigation against Apple in April 2007, and Beta News reported at the time that it's a 1991 Xerox PARC patent. But Ars Technica provided the detail that it references earlier patents going back to 1984.'"
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  • As a customer (Score:5, Interesting)

    by QuantumRiff (120817) on Thursday October 11 2007, @03:41PM (#20945441)
    Thank you. I look forward to purchasing more from you in the future, and less from MicroSoft.
  • Well done !!! (Score:4, Insightful)

    by unity100 (970058) on Thursday October 11 2007, @03:43PM (#20945473) Homepage Journal
    Running on Red Hat Enterprise 4, i was damn happy about it. Im now more happy with what i use because Red Hat is showing much integrity.
  • by Z00L00K (682162) on Thursday October 11 2007, @03:44PM (#20945479) Homepage
    is that there hasn't been any explicit claims on any patents - just buzzing that there are infringements going on. Until there are at least references to the actual patents there can't be a case worth taking to court.

    And even if brought to court - the case may be dismissed if the claims aren't good or if the situation is caused by unwillingness to reveal what the infringements are.

    So in all - just call back to Redmond and ask about the details about the alleged infringements. Or write a letter.

    On the other hand if everybody reading this sends a postcard to M$ HQ asking for specifics regarding the infringements they may be at least annoyed, but as long as the writing is sensible it's still legal. Just try to get a postcard with a penguin on for this! :-)

    • the thing is that MS must know it would be virtually impossible for it to win a patent fight against some of the heavyweights in the linux buisness. IBM in particular has lots of patents of thier own and i'm sure they could find a few that MS was somehow violating.

      if they reveal publically what if anything the infringements are then unless they are really earth shattering things they will just be worked arround or prior art found weakening microsofts position further.

      so for the moment it is most sensible for MS to just spread very general fud without giving anyone any real information.
      • if they reveal publically what if anything the infringements are then unless they are really earth shattering things they will just be worked arround or prior art found weakening microsofts position further.

        Not only that, but once they reveal the patents, others have a chance to prove whether or not it was "prior art" before they even have to worry about defense of it, in which case the patent itself is voided and you no longer have a patent infringement.

        Microsoft is only trying to scare people. Until th

      • by j-cloth (862412) on Thursday October 11 2007, @04:16PM (#20945979)
        IBM in particular has lots of patents of thier own and i'm sure they could find a few that MS was somehow violating.

        I was at a Redhat seminar this morning and they were talking about this exact issue. They said they belong to a consortium of companies (including IBM) who have pooled software patents for defensive purposes (I can't remember the name of the group, I want to say it's the Public Patent Foundation (www.pubpat.org) but that doesn't appear to be it). Specifically, if Microsoft tries to go against one of the members, they can search through their collection of patents, find one that MS violates, and counter sue with the desired effect of both sides either dropping it or cross licensing. Redhat's patent policy also states this (from http://www.redhat.com/legal/patent_policy.html [redhat.com]):

        One defense against such misuse is to develop a corresponding portfolio of software patents for defensive purposes. Many software companies, both open source and proprietary, pursue this strategy. In the interests of our company and in an attempt to protect and promote the open source community, Red Hat has elected to adopt this same stance. We do so reluctantly because of the perceived inconsistency with our stance against software patents; however, prudence dictates this position.
        • by Optic7 (688717) on Thursday October 11 2007, @05:36PM (#20946951)
          Open Invention Network [openinventionnetwork.com] - with Sony, IBM, NEC, Philips, RedHat, and Novell(?) as it's members, as well as Oracle, Canonical, and a few lesser known companies as licensees. From their about page:

          Open Invention NetworkSM is an intellectual property company that was formed to promote Linux by using patents to create a collaborative environment. It promotes a positive, fertile ecosystem for Linux, which in turns drives innovation and choice in the global marketplace. This helps ensure the continuation of innovation that has benefited software vendors, customers, emerging markets and investors.

          Open Invention Network is refining the intellectual property model so that important patents are openly shared in a collaborative environment. Patents owned by Open Invention Network are available royalty-free to any company, institution or individual that agrees not to assert its patents against the Linux System. This enables companies to make significant corporate and capital expenditure investments in Linux -- helping to fuel economic growth.

          Open Invention Network ensures the openness of the Linux source code, so that programmers, equipment vendors, ISVs and institutions can invest in and use Linux with less worry about intellectual property issues. Its licensees can use the company's patents to innovate freely. This makes it economically attractive for companies that want to repackage, embed and use Linux to host specialized services or create complementary products.

    • their address is

      Microsoft Corporation
      One Microsoft Way
      Redmond, WA 98052-6399
                      Telephone
      (800) MICROSOFT (642-7676)

      Fax
      Please include the recipient's first and last name.
      (425) 93-MSFAX (936-7329)
    • ...call back to Redmond and ask about the details

      I suspect the direct number for this kind of feedback is 1-800-EAT-SHIT.
      They might actually like that as a large number of calls
      would tell them the FUD is being taken seriously.

  • What they promised (Score:2, Informative)

    by Anonymous Coward
    They promised to remove any patent infected software. It's not like they promised to pay everybody's legal fees or anything like that.
    • They promised to remove any patent infected software. It's not like they promised to pay everybody's legal fees or anything like that.
      So, if one uses/deploys Redhat Enterprise, he/she must stay away from recent Novell introduced software such as Silverlight clone.

      I hope I got it right.
  • Actionable? (Score:5, Interesting)

    by Shadow Wrought (586631) * <shadow...wrought@@@gmail...com> on Thursday October 11 2007, @03:51PM (#20945597) Homepage Journal
    I'm not a lawyer, but I wonder if Ballmer's speech might be actionable in and of itself. In other words, Red Hat files suit against MS for defamation, Tortious Interference being the legalese methinks. Unless MS can prove the infringement, then they'd ahve to pay damages. Essentially forcing MS into the position that SCO put itself.

    Of course if I could think of it, they surely could too, only they actually know what they're doing;-)

    • actionable? Nope. Not unless you've got a handy billion for a court case they would drag on for years, whilst they were trying everything they could to discredit you. That much money can buy a lot of witnesses against you too.

      I prefer to consider that his actions are making microsoft look less and less professional compared to the Linux vendors.

      Anyway, I just tried Vista on a machine my mum has bought. I was willing to give it the benefit of doubt, but after three days I've realised it really is a heap of c
    • That would probably be a bad move as MS has a hell of a lot of patents - and while I believe software patents should just up and go away - for now, they are still allowed in the US and MS may even be able to prove one or more of them are being infringed. Again, I don't like software patents anymore than the next slashdotter, but we'd be foolish to just assume that they can't prove even one patent being infringed. Maybe they can't - but it wouldn't be a good idea for Red Hat to jump into the ring unless they
      • Re: (Score:3, Informative)

        MS probably does have a few valid patents in this case, but it's not about what patents MS has. This is about the fact that MS refuses to tell anyone which patents they are referring to thus making it impossible for the infringing code to be removed.

        Saying that Microsoft's claims are invalid and thus no one should worry is 100% wrong. A resolution to this problem needs to be forced quickly, the situation can't remain as it is now because it has already hurt Linux companies and the community itself.

        Either MS
    • Just using discovery to find all the software patents they have filled or purchased would be interesting
    • by Anonymous Coward
      In the UK you can't make groundless patent threats like this, if Red Hat want they could take Microsoft to court and force them to identify the patents that they claim to be violated.

      See section 70 of the 1977 patent act (http://www.ipo.gov.uk/patentsact1977.pdf) if you want to know the details.
  • by hairyfeet (841228) <bassbeast1968NO@SPAMgmail.com> on Thursday October 11 2007, @04:01PM (#20945759)
    All the have to do is make the PHB's think it's a possibility.That alone will,when mixed with the CYA mentality at most businesses keep Linux usage down.Which is the whole point.
  • by ditoa (952847) on Thursday October 11 2007, @04:10PM (#20945885)
    I have read about this for a long time now and have been meaning to ask ...

    Does this effect Europe? And more specifically the UK?

    As far as I am aware Europe (and the UK) does not "do" software patents so even if MS is telling the truth about the Linux infringements are they even valid in Europe/UK?
    • by abigsmurf (919188) on Thursday October 11 2007, @04:29PM (#20946185)
      It doesn't specifically affect EU or UK companies but technically they could be sued if they have a presence in the US. There are precedents for suing companies based in other countries because they serve US customers. Would be more hassle than it's worth though when they'd have easier US targets
  • by serviscope_minor (664417) on Thursday October 11 2007, @04:22PM (#20946071)
    Not wishing to generalize the whole of /. here, but there seems to often be a certain vocal contingent who really dislike RedHat.

    Why?

    They've made huge contributions to Linux, and all of their custom system tools were released as Free (both kinds) when very few other commercial distros were doing the same. Now they're standing up to all this patent nonsense.

    What is there to dislike about RedHat?

    Personally, I'm not a particular fan of the distribution any more since they stopped including the old skool unix/X stuff (fvwm2, gv, xfig, ...) some of which is a pain to configure and install. But I've got nothing against them.
    • What is there to dislike about RedHat?

      Three little letters: R... P... M...

      Oh yeah, and how about the way they messed up system structure? And how they left their community supporters in the lurch without support after deciding that the RHEL/Fedora split (and, actually, there was about a six month period where there was only RHEL)? No. No reason at all to dislike them.

      Give me Canonical and Ubuntu any day.

          • Re: (Score:3, Interesting)

            So how is that the fault of rpm? If you'd tried to compile the latest gaim (well, Pidgin) yourself, it wouldn't have even finished the configuration process. rpm did you a favor by telling you what the missing dependencies were.

            It's not as if the latest Windows programs run on Windows 95.
    • Re: (Score:3, Insightful)

      There is nothing to dislike about Red Hat. These FOSSies are just bitter that a company learned how to turn OSS into a profitable business. The only reason half these fools are sweating Shuttleworth is because he hasn't made it big with Ubuntu yet, so his distro is still 'cool.' I hate that steaming pile of crap, but then again I have been using Unix since I was 13.

      Little do most people know, Red Hat has the key Fedora developers on Payroll, and tons of kernel hackers. Just one kernel hacker at Red Hat i
  • by pilbender (925017) on Thursday October 11 2007, @04:24PM (#20946095) Homepage Journal
    This kind of thing doesn't work. It's been shown time and again. Microsoft's Steve Ballmer is becoming the laughing stock of the tech industry.

    SCO is an example. There was some uncertainty before everything fell out. I don't think there is any uncertainty about patents or copyrights regarding Linux anymore. There is a lot of confidence in Linux now.

    Microsoft needs to get off the litigation and on to innovation. Ballmer seems to not understand what this company attitude does to Microsoft's customer base and its reputation.

    When I see comments like this I see that Microsoft needs a new CEO with a vision and not a Steve Ballmer with a litigation team. Just my perception. I think there are many others who share this view.
  • by starseeker (141897) on Thursday October 11 2007, @04:26PM (#20946151) Homepage
    Microsoft is in a very curious position right now. The SCO assault (which was to their benefit, whether or not they were behind it) has sputtered below the point of PR credibility. Linux is gaining ground slowly but steadily, particularly on the server side. The server side represents most of the "movable" machines as far as OS is concerned. Windows already has most of the world's desktops and so many users and businesses hooked into Office that they are all but impregnable in the near term as far as serious market share loss is concerned. (As Linux has discovered, it turns out the biggest and hardest barriers to acceptance are the re-training of users and the "if it ain't broke, don't fix it" mentality.) Oddly enough, this also makes showing growth difficult (Vista).

    To compete against free software on the server side, there are some unique problems. Much more savvy "users" in the form of sysadmins who can and will learn new systems, stable and trusted software bases which provide both freedom to tweak and freedom from vendor lock in, and a very long history of Unix style systems proving themselves equal to server tasks. (Indeed, Solaris itself is now freely available, for those who are gun shy of Linux.) Licensing costs and concerns are impossible - Linux is free in many forms.

    Hence the temptation to use patents. Patents are one of the few weapons that cannot be easily countered by an open source software movement, particularly if the patents have the effect of shutting open source software out of certain markets altogether. The lack of revenue to pay lawyers looms large here - in the US legal system that's a very dangerous position to occupy. But there are still drawbacks for Microsoft:

    Much major open source work is not done in the US, but in places like the EU. Microsoft's position in the EU is weaker, and opening an offensive there would be more difficult. Politically it would also have ramifications, possibly serious ones.

    If Microsoft DOES open a patent offensive against major open source projects, they run the risk of triggering Armageddon - a broad scale patent war that could leave the entire US software industry in ruins. There are defensive alliances behind open source who's potential in a legal contest must be weighed.

    If they go TOO gung-ho, it could have the effect of helping to convince Congress to remove the software patent go-ahead.

    In the short term, lawsuits against the free software key players least able to defend themselves would have a major harmful effect on the community (to say nothing of the individuals caught up in it.) However, potential long term effects are another story - Microsoft doesn't hold large legal clubs everywhere.

    A lot of our manufacturing is now being done overseas, and many companies are outsourcing wherever they can. If all of a sudden the price of outsourcing was being compatible with non-Windows systems INSIDE the US (foreign governments may mandate avoiding dealing with someone like Microsoft, after all...), it would be very interesting indeed to see how that played out...
    • Re: (Score:3, Insightful)

      Patents are one of the few weapons that cannot be easily countered by an open source software movement, particularly if the patents have the effect of shutting open source software out of certain markets altogether.

      Not true. In the same way a DDOS is effective against single boxes on the network, a plethora of patents by open-source contributors could effectively stall closed-source development. Imagine if:

      • One of every 10 OS developers filed for a patent on the things they invented, and agreed to
  • The fact that Microsoft have refused to say what the code is, shows intent to terrorize.

    Someone call homeland security.

    The open source principle and process is one of having the ability to fix and/or modify code.
    Microsoft is not playing by those rules.

    Open source doesn't play by Microsofts rules.

    But it is Microsoft that is making a accusation against open source.

    Open source is willing to fix the problem. Microsoft is not willing to allow that.

    All in all, what would any reasonable court think of this?
  • by Anonymous Coward on Thursday October 11 2007, @04:30PM (#20946195)
    Simply using the correct terms -- "software patents" and "extortion" -- is enough to repel these lame Microsoft threats.

    By using the term "intellectual property", Steve Ballmer is saying Linux infringes Microsoft copyright, trademarks and trade secrets. Perhaps he should stick to throwing chairs instead of using big words he doesn't understand.
  • Sarbanes Oxley (Score:3, Insightful)

    by curious.corn (167387) on Thursday October 11 2007, @04:55PM (#20946515)
    Recently some software vendors told us that because recent changes in US legislation they must be very careful on what they promise about the upcoming software they showcase. To make it short they said that spreading unsubstantiated FUD or keeping customers from choosing competing products with blanket promises that later go unfulfilled has been made equivalent to market manipulation and is punished harshly.

    Would this "beware! there be dragons..." attitude of Microsoft constitute a violation of said US law? Is cutting air supply with vague patent threats a punishable behaviour?

    e
  • There is a list of 1,573 people who have decided to call Microsoft's bluff by signing a list offering to be the first ones to be sued by Microsoft for supposedly "infringing" Microsoft's 235 patents. Although I am a lawyer, I don't practice Intellectual Property law, and so I am not rendering a legal opinion on this area. But as a practical matter, I can tell you that whenever I sue someone, I first send them a letter demanding payment, and then if they don't pay in short order, I do sue them. I am too busy on a day-to-day basis bluffing people, and those who think that real lawyers with real claims bluff people, they are dead wrong. Some day, someone is going to call your bluff, and maybe even sue you for falsely claiming that you have a right against them, so I advise my clients to think carefully about claiming in public that they can sue someone if, in fact, they have no true claims.

    In this particular case, mere common sense would tell most practicing attorneys that if Microsoft had valid claims, it would simply start rolling out the lawsuits and collecting money. Think of all the copies of OpenOffice.org and GNU Linux that are drifting around the world!!! If Microsoft had valid claims against those the users or their distros, dontcha think that they would file suit against a really solid test case, and then trot out that case for everyone else in the world to see? Of course they would.

    Here is a link to page 13 of the list:

    [digitaltippingpoint.com]http://digitaltippingpoint.com/wiki/index.php?title=SMFM_list_page_13 [digitaltippingpoint.com]

    So I am not buying Microsoft's questionable claims, and I have signed up for the list. Let's put an end to this questionable puffery! Microsoft, if you have a claim against me, sue me now, or shut up! You can serve me with a lawsuit here:

    Christian J. Einfeldt
    Law Offices of Christian J. Einfeldt
    580 California Street, Suite 1600
    San Francisco, CA 94104

    In your complaint, Microsoft, you will want to specify which programs I am using. I am using openSUSE GNU Linux 10.2; Edgy Kubuntu; OpenOffice.org is my only office productivity suite, and so when you file suite against me, you might really want to stick a finger in my asking for an order barring me from using OpenOffice.org to write my reply briefs, because that is the tool I use for all my court briefs. I am also using Firefox, which you have heavily borrowed from, so please be sure to throw that in.

    Oh, and I have installed about 100 copies of GNU Linux, OpenOffice.org and Firefox on various different computers for a public middle school in San Francisco, and I have also given out about 16 computers with those programs installed on them. So be sure to add a couple of causes of action for that, Brad Smith.

    Hey, don't forget the fact that I started the "Sue Me First, Microsoft" list, where I very publicly questioned the veracity of your claims, so you would do well to add a couple of counts of defamation, since I am publicly calling into question both the veracity of your claims and your motivation for merely making a public fuss, without proving your claims.

    But of course, I have nothing to worry about, because your claims probably are defeated by 1) obviousness; 2) prior art; and 3) limitations on patenting math. After all, if Microsoft could have patented 1 + 1 = 2, you would have done so, wouldn't you?
  • What about this one? (Score:3, Interesting)

    by naich (781425) on Friday October 12 2007, @02:36AM (#20950413) Homepage
    "We are also aware of no patent lawsuit against Linux. Ever. Anywhere,"... and as he said that Microsoft released the flying monkeys...

    http://www.groklaw.net/article.php?story=20071011205044141 [groklaw.net]

  • by rs232 (849320) on Friday October 12 2007, @03:53AM (#20950655)
    "Acacia subsidiary [blogspot.com] IP Innovation LLC and fellow patent troll Technology Licensing Corp sued Red Hat and Novell in Marshall"

    In July 2007, Acacia Research Corporation announced that Jonathan Taub [groklaw.net] joined its Acacia Technologies group as Vice President. Mr. Taub joins Acacia from Microsoft

    Acacia Research Corporation .. has named Brad Brunell as Senior Vice President .. Mr. Brunell joins Acacia from Microsoft

    --

    Is there any disinterested law official anywhere on the planet that is concerned with what is going on here. A seller of inferior software facilitates the formation of a patent troll and extortion racket. It then uses threats from said same company to intimidate people into using its own product and scare them away from using competitors product.
    • Re:Moron? (Score:5, Informative)

      by hasbeard (982620) on Thursday October 11 2007, @03:41PM (#20945449)
      Actually SCO vs. IBM involves copyrights, not patents. SCO accused IBM of wholesale copying of code.
      • No one is likely to sue "linux" since it has no deep pockets. Instead they can sue or threaten to sue companies that use linux or people who re-sell linux. So SCO suing IBM does not apply because they were suing IBM for contributing what they alledge was SCO owned code to Linux. Linux itself was not sued. But SCO also threatened major corporations that were using Linux without an SCO lic.

        The latter is the one that matters. If companies can be sued for using linux then they are at risk.

        The real question
        • It is also true I beleive that Windows contains a fair amount of LGPL or BSD code inside it. That's legal under those lic. But what if someone, say SCO, were to say that the code in the LGLP lic was theirs? Then If it makes sense to sue users of Linux it would make sense to sue users of MS.
          I'm trying to parse this and coming up empty.

          After releasing code under the LGPL, it doesn't matter who "owns" it. A recipient is free to use it. Period.

          The sticky situation is where you have released code under LGPL or BSD or whatever free license and it is based upon a patent that you own. In that case, you would claim that use of such code requires patent royalties to be paid to you. This is not the situation that Ballmer has been claiming. He is claiming that unspecified Linux code, independently developed by unspecified Linux people infringes on 235 unspecified patents owned by Microsoft. I do not believe that he has ever claimed code sharing and clearly, the recent code released under Microsoft's public source license is tainted for use in an Open Source project whether or not patents are involved.

          So if GNU is at risk of containing other people's IP then since MS uses GNU they are too.
          Um no. Actually if that GNU code infringes on a Microsoft patent, Microsoft would be the only one who could legally use that code without paying patent royalties.

          What you write makes no sense and is not an analogous situation.

          What Red Hat is doing is very important.
    • Oh fuck, Microsoft won't do anything about this. It's FUD. Let's remember that come next year, there is likely to be a US administration less willing to ignore Microsoft's anti-competitive behavior than the last one, and the last thing Microsoft wants is a renewed DoJ campaign against them in the midst of Europe cleaning their clocks.

      But this all points to one thing. Software patents are bad.
      • Let's remember that come next year, there is likely to be a US administration less willing to ignore Microsoft's anti-competitive behavior

              Dream on. It's only going to get worse from here.
      • Considering that the USG, United States Government is a huge Microsoft customer, even to the point that you even have to make your court filings on Microsoft software, We need a Special Prosecutor. Remember that last administration, the Sony Bono Copyright Extension act how likely do you think it is for either party to effect a change?
      • Re:Finally (Score:5, Interesting)

        by Ilgaz (86384) * on Thursday October 11 2007, @04:30PM (#20946193) Homepage

        Oh fuck, Microsoft won't do anything about this. It's FUD. Let's remember that come next year, there is likely to be a US administration less willing to ignore Microsoft's anti-competitive behavior than the last one, and the last thing Microsoft wants is a renewed DoJ campaign against them in the midst of Europe cleaning their clocks.

        But this all points to one thing. Software patents are bad.
        As a person using computers for a long time, I can easily say: Expect ANYTHING from Microsoft. They have no limit or ethics when it comes to their core business.

        Check Amazon top selling software, OS X Leopard is currently number 4 without even being released yet, XP Home edition is somewhere at 50th or something, Vista DOES NOT EXIST on that list which has Ubuntu, the same Ubuntu which you can download for free is on list.

        If it came to this point and they started to work with some struggling Linux vendors who would give up their real job to port some Flash wannabe technologies, it is the exact time to get afraid. That same vendor also speaks about patents, unpublished agreements with MSFT, their highest IT manager writes how "great" MS Office XML is...

        I think it is really time to "fear".

        • Re:Finally (Score:5, Informative)

          by MightyMartian (840721) on Thursday October 11 2007, @04:15PM (#20945945) Journal
          It was during the Clinton years that the DoJ pursued Microsoft, and it was during the Bush years that they threw up their hands and said "Microsoft's doing just fine".
          • The case was over and the DoJ won. The idea that the DoJ is going to investigate MS forever is just wishfull thinking.

            Besides the primary outcome of the case was that AOL, Sun, Real etc got their payday. It just turned out that the fate of the Netscape browser and the Java language on Windows really had little to do with the consumer.

            The only significant issue was the agreements with OEMs and the remedy came to late to make much difference.
        • Re: (Score:3, Insightful)

          I hate the bastards in power as much as the next guy, but to imagine that the democrats are less owned by big business than the republicans is self delusion on a grand scale.

          O_o

          Since when is not the Bush administration known for being the 'big-corp-is-now-in-power' period? Through-and-through the bush administration and the upper parts of the republican party are supported by big corporations. The big republicans are playing in the game, too. Big business is in the white house more than it ever was -- why else would Blackwater stand untouched facing current criticism? Why else would we see an andministration that knowingly year after year plans for a budget deficit that is

          • Re:Finally (Score:4, Insightful)

            by reidconti (219106) on Thursday October 11 2007, @05:45PM (#20947045)
            Because power corrupts. Big government is inherently in the pocket of corporations that can pay up.

            I laugh every time I see a whiny liberal talk about how the Democrats are going to ride in on a white horse and come up with a thousand laws limiting the power of businesses. GUESS WHAT? It's the laws that give businesses the power.

            Corporations cannot use force.

            Governments can.

            As soon as the democrats start fucking things up, the republican machine will get going and try to convince every undecided voter that the democrats are the problem.. wash, rinse, repeat.
        • Re:Finally (Score:5, Insightful)

          by PopeRatzo (965947) * on Thursday October 11 2007, @06:19PM (#20947451) Homepage Journal

          but to imagine that the democrats are less owned by big business than the republicans is self delusion on a grand scale.
          You're going to hear this a lot from Republicans in the next year: "But, but, they're as bad as we are!".

          Actually, I call bullshit. Take the most corporate-friendly Democratic administration of the last half-century and it doesn't come close to the sheer mendacity and highest-bidder whorishness of the Bush Administration.
            • Re:Finally (Score:5, Insightful)

              by PopeRatzo (965947) * on Thursday October 11 2007, @08:30PM (#20948541) Homepage Journal

              FDR
              I agree. He was the best president since the Civil War. His policies created the longest-lived, strongest and wealthiest middle-class in US history. Between his vision and the rise of the labor unions, the second half of the 20th century brought the best life for the most people in America.

              Ronald Reagan brought about a decline of the middle class that continues to this day, thanks to his hostility towards working Americans and willingness to sell large parts of our society to the highest bidders.
    • Re:humm (Score:5, Insightful)

      by pete314 (877866) on Thursday October 11 2007, @04:01PM (#20945755) Journal
      The blog posting for the response is dated 14 May 2007. Red Hat didn't respond to last week's attack from Steve Ballmer, this response addresses Ballmer's Newsweek interview in which he claims that open source is infringing on 235 Microsoft patents.
    • Re: (Score:3, Informative)

      That lawsuit was never about patents. They claimed it did in the press but in the court it all boiled down to just copyright & contract claims. No patents were ever brought into play in the actual court case.
        • SCO may have had nothing, but they sued about everything.

          The problem with Microsoft taking the SCO path, however, is that -- when it looks like the suit is about to tank, declaring bankruptcy to avoid the final trial would only result in a charge of mass-murder (when the entire federal bankruptcy court dies laughing).

    • Re: (Score:3, Informative)

      FUD unless you provide either patent numbers or at least the name of the company suing you.

      Note that this does not involve Linux either, only Apache/Tomcat.

      A good question to ask this company is what would happen if you switched to IBM's Websphere which is just apache and java.