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Microsoft Getting Paid for Patents in Linux?
Posted by
CmdrTaco
on Sun Feb 11, 2007 11:30 AM
from the now-wait-a-minute dept.
from the now-wait-a-minute dept.
kripkenstein noted an Interview with Jeremy Allison where the interviewer asks 'One of the persistent rumors that's going around is that certain large IT customers have already been paying Microsoft for patent licensing to cover their use of Linux, Samba and other free software projects.' and Jeremy responds
"Yes, that's true, actually. I mean I have had people come up to me and essentially off the record admit that they had been threatened by Microsoft and had got patent cross license and had essentially taken out a license for Microsoft patents on the free software that they were using [...] But they're not telling anyone about it. They're completely doing it off the record."
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Microsoft Getting Paid for Patents in Linux?
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Why shouldn't they ? (Score:5, Insightful)
(Last Journal: Friday April 27 2007, @02:20PM)
Yes, I know, software patents are the spawn of Satan, no-one (not even me, actually
I'm nowhere near a fanboy for Microsoft (quite the opposite, if you read my posting history), but in this case, I can't see they've done anything *wrong*. You can argue that software patents are bad - yes, agreed. You can argue that these particular patents are flawed, perhaps they are. You can argue that it's just not moral to profit from the work of others, and yes I agree with that too.
But, sadly, what they're doing appears to be legal, so perhaps the ire ought to be directed at what makes it legal, rather than shooting the messenger (dammit
Simon (ducking)
Re:Why shouldn't they ? (Score:5, Informative)
(http://www.numbski.com/ | Last Journal: Thursday May 26 2005, @10:44PM)
http://ubiqx.org/cifs/SMB.html [ubiqx.org]
"Like NetBIOS, the Server Message Block protocol originated a long time ago at IBM. Microsoft embraced it, extended it, and in 1996 gave it a marketing upgrade by renaming it "CIFS"."
Short answer: I have it backwards. SMB is the "open" one. CIFS is what you get after MS does their embrace and extend act on it. Ooops. Sorry for the misinformation!
WINS on a Mac (Score:4, Informative)
(Last Journal: Monday June 05 2006, @02:05AM)
Dave does WINS.
Re:Why shouldn't they ? (Score:4, Insightful)
Re:Why shouldn't they ? (Score:5, Insightful)
(http://www.imagicity.com/)
No, selling out == doing an end-run around the GPL by exploiting a legal technicality that subverts the intent of the license and leaves other Linux vendors in a position of increased liability. At one and the same time, it also subverts Novell's position in the market, because GPL 3 is virtually guaranteed to block this hole, making Novell's future status (and therefore its clients' as well) quite uncertain.
To my knowledge, there is no admission of infringement - or statement of non-infringement - of patents. The only thing it contains is an agreement not sue the others' customers. And this is the most insidious element of the agreement. It creates an atmosphere of FUD, and does nothing to clarify the two parties' relative positions.
Make no mistake - the only winner in this debacle is Microsoft.
I don't know why they should not own everything. (Score:5, Informative)
(http://lists.clickers.org/linuxsig/index.html | Last Journal: Friday November 09, @11:00PM)
But, sadly, what they're doing appears to be legal, so perhaps the ire ought to be directed at what makes it legal, rather than shooting the messenger (dammit :-).
In this case, the messenger is also the guilty party. M$ is one of the largest proponents of software patents and other bogus "IP" laws.
The reason you should be outraged is that they now own your code. Without any further effort than paying off a bunch of lawmakers and lawyers, they have secured an income on .... everything. They also grant themselves the power to shut down projects they don't like. Make no mistake, a little control for M$ is total control when it gets in the way of your software freedoms. Long after Vista bombs in the market place, M$ will be profiting from your work and using it to cause you further harm in any way they please.
This is why anti-patent language in GPL 3 is so important and why everyone should support it. The true cost of supporting M$ though judicial extortion will only be revealed if we hang together. The internet itself would not function without GPL'd code. Laws will change if suddenly that code is unavailable.
I'm nowhere near a fanboy for Microsoft (quite the opposite, if you read my posting history)
I will do exactly that. See you in half an hour or so.
Re:Why shouldn't they ? (Score:4, Interesting)
(http://www.faqs.org/rfcs/rfc3675.html)
Contributory copyright infringement.
Quoting GPLv2 section 7:
If you take out a Microsoft patent license, then you make copies of a Fedora CD to install throughout your organization, you are guilty of copyright infringement. Microsoft knows this.
(If you argue that making copies of Fedora CDs in violation of the GPL isn't actually copyright infringement, then neither is making copies of Windows 2000 CDs. I doubt that's Microsoft's position.)
Re:Why shouldn't they ? (Score:4, Insightful)
(http://www.lightandmatter.com/)
Allison's argument is that it's not legal for the companies that are paying the money to MS. Those companies are only licensed to use Linux under the GPL. The GPL forbids what they're doing. (I'm sure that's a vast oversimplification, but that seems to be the general idea.)
Re:Why shouldn't they ? (Score:4, Insightful)
(http://forums.boiledfrog.us/ | Last Journal: Friday February 21 2003, @01:08PM)
"Pay us under the table and we'll not sue you into the ground on the basis of something which has never been proven before - but you'd rather not have to risk it, wouldn't you?"
Plausible, but no proof (Score:5, Interesting)
Re:Plausible, but no proof (Score:5, Insightful)
No for most public companies its going to be cheaper to bow to M$ extortion, hint M$ will customize their demands so that is the case, then to fight them. Its no surpise at all M$ can basically shake down corporate FOSS users. Until the patent/copyright situation is really resolved and sadly I don't think the SCO case is going to fully resolve it, especially the patent side, M$ can bully anyone they want.
Which is exactly what Novell was trying to stop ostensibly, although I think their motives were far less pure personaly.
If you do that.... (Score:5, Interesting)
(http://slashdot.org/ | Last Journal: Tuesday January 22 2002, @05:54AM)
If you think the shares of a company going open about something like this would tank, I would like to see what would be the result for MS shares (whose price had remained pretty flat for some time now).
I think this article is baseless, but it is nice weekend speculation, conspiracy theories and all that.
But then again, if somebody would have described SCO's actions before they started their disgraceful charade, few would have believed it.
Re:Plausible, but no proof (Score:5, Insightful)
(http://www.dangercollie.com/music/)
While the idea is plausible and scary, where's the proof?
I'd like to know that, too. Name some of these companies. Because I work with a lot of big end users, most of them running Linux in some fashion, and they all seem to enjoy telling the MSFT rep they lost those sales. I've been in the meetings, MSFT has questioned Linux IP but not in any specific fashion. When I asked them point blank if that was a threat they backed right off it.
You'd think if MSFT was really trying to muscle companies someone would be talking. Anyone have a copy of the letter? I'd be posting mine on Groklaw, then turn the stories in for here and Digg. I'd be amazed if MSFT could keep anything this big a secret as disorganized as they are.
Or maybe a couple wise guys show up at the office and say if they don't pay bad "tings" might happen?
Let's see some proof or this is FUD.
so do home users (Score:4, Insightful)
way to link mid-article (Score:1)
NFS is easier anyways (Score:5, Insightful)
(http://libtom.org/)
Just another "innovation" from MSFT [smb] that they'll try to horde instead of playing the "let's weigh in on technical merits" game.
And for fuck sake, why doesn't Windows support NFS? It makes mixing boxes on a lan such a bitch
Tom
Re:NFS is easier anyways (Score:5, Insightful)
NFS was designed for use in an environment where both client and server boxes were secure, multi-user systems. One logical connection per share would serve for multiple users. Of course, if you allow insecure clients into the equation then all your security is blown out of the water.
SMB was designed on the assumption that the client would be an insecure single-user system. All the security is on the server, and connections are on a per-user basis.
Neither system is really ideal for the situations which we have today. What is needed is a secure system which copes with multi-user client boxes.
John
Re:NFS is easier anyways (Score:4, Informative)
(Last Journal: Saturday February 17 2007, @08:39PM)
FUSE and sshfs [sourceforge.net] meet your requirements. I've been using sshfs between 5 systems for a year now, and its operation has been flawless.
Re:NFS is easier anyways (Score:5, Insightful)
And in a world where network jacks are in every wall, it is trivially easy to bring in an "insecure client" and even easier to bring in a LiveCD with you favorite flavor of Linux, NFS is secure how? NFS's default "security" and "authentication" is trivial to circumvent in a practical sense in most corporate environments.
SMB has many drawbacks. However, it's out-of-the-box authentication + ACL mechanism is vastly superior to what NFS (v2 & v3) has to offer. That is why NFSv4 ACLs look alot like Windows ACLs and why RPCSEC_GSS (aka Secure NFS) went from being an option to a MUST in RFC 3010.
Re:NFS is easier anyways (Score:4, Insightful)
(http://amsa.info/)
First of all, Windows does support NFS. Secondly, NFS security is a joke. All you have to do is change the user ID of your user on your machine to the user ID of the person you want to steal files from on the file server. Gods help your server admin if he doesn't have root_squash enabled. Then all you have to do is su to root on your machine, and you have access to everything on the file server.
SMB has actual security and checks on the server side. Hence you have to type a password with mount -t smb, but not with mount -t nfs. Doesn't it seem kind of suspect when you don't have to enter a password with NFS?
Re:NFS is easier anyways (Score:4, Insightful)
Even in the mac world, rather than mess with AFP (which isn't difficult to use or set up), we just tell our mac users to connect using smb to our servers to get shares when they are not logging into the Apple Domain. It just works and it can communicate with all our OSs.
That said, I feel that NFSv4 is likely a more secure, more open solution. Alas, though, I doubt we'll ever see Windows support it fully, including permission mappings.
Re:NFS is easier anyways (Score:4, Insightful)
NFS has been a joke from day one. The design itself had poorly thought out identity mapping, complete lack of authentication, failure to implement UNIX file system semantics, incredible inefficiency, and a useless RPC layer. I think Sun has done a grave disservice to the UNIX world with NFS. To this day, we still don't have a widely used, decent, secure network file system on UNIX.
Alternatively, you take file serving away from MS (Score:5, Insightful)
Leaving file serving in MS's control simply leaves you open to patent infringement etc.
Re:Alternatively, you take file serving away from (Score:5, Insightful)
(http://www.ganjablogger.com/ | Last Journal: Thursday January 05 2006, @05:36PM)
'Write a free cross platform client and server network filesystem which runs on...'
Here is the catch.
'...OSX'
Only Apple can make OSX natively support your new standard. They probably will since it is an open standard.
'...Unix'
Unix is modular and you could plug in your solution even if vendors didn't ship it. You probably wouldn't have much trouble getting vendors to include an implementation of your protocol since it only benefits them to do so.
'...Linux'
Duh
'...Windows'
And here is the show stopper. Only Microsoft can integrate native support for your protocol in windows. Further Microsoft has complete control of the API's that would be required to hook support into windows after installation and can change them at will and break your solution's installed base.
Since Microsoft is a monopoly they don't have to play ball and interoperate with you. For the same reason, in order to have a chance of success you must interoperate with them.
What does Netapp do? (Score:2)
(Last Journal: Wednesday October 10, @06:37AM)
skating on thin GPL ice (Score:2)
It is time.... (Score:1, Insightful)
(http://earthquakes.jonfr.com/)
FUD (Score:2)
Legitimate Businessman's Civic Improvement Cmte... (Score:5, Funny)
(http://www.wemissjerry.org/)
Rocco and Knuckles will be by to pick up the envelope.
this sucks... (Score:2, Informative)
(http://www.chrisllorca.com/)
Makes me want to puke.
Think of the Shareholders (Score:5, Insightful)
Yay Rumors!! (Score:4, Funny)
Everyone, out of the pool!!! (Score:5, Insightful)
As Floaters ensure that only the most discusting little kids ever use the swimming pool, Software Patents ensure that only the biggest, most amoral lawyer infested companies thrive in the tech industry.
Careful with that double edged blade Microsoft! (Score:1, Interesting)
In other news... (Score:2, Funny)
(Last Journal: Wednesday February 28 2007, @05:10PM)
Mmm, burrito.
Puts the Novell Deal in Perspective (Score:5, Insightful)
(http://ponsaelius.blogspot.com/)
I need a new OS (Score:1)
IBM and other Linux OEMs? (Score:5, Interesting)
(http://www.geocities.com/bohemianbrewbaron)
I would think that IBM could charge Microsoft with Racketeering (which is essentially what MS is doing) on behalf of their Linux customers.
Maybe the average corporation doesn't have the clout to stand up to Microsoft, but IBM does.
(Note: I'm not really a big IBM fan. I'm just pointing out that Microsoft isn't infallible).
I don't doubt... (Score:3, Interesting)
I also don't doubt that some businesses may have capitulated. That does not, however, give any validity to their patent claims.
As an IT community we need to respond to Microsoft's aggression in several ways.
First we must start screaming for the justice department to once again prosecute them for their continued anti-trust violations. They must be held accountable for the damage they are doing through leveraging their monopolies. We must insist that they be broken apart into at least three and probably four separate companies.
Second, we must not cooperate with Microsoft in any way. Any "gifts" that they offer always turn out to have strings attached. Do not support any part of their dot-net strategy. I use "dot-net" in a loose way to cover many different things like their libraries, ASP.NET etc. The Mono project should die. Don't support it, don't use it.
Third, we should work to make Java, PHP, etc the defacto standards in delivering active server pages.
We all need to work together to make Microsoft irrelevant. It won't be quick, it won't be easy but it must be done. This company has shown again and again and again that it is not interested in coexistence.
Microsoft should be burned alive (Score:1)
This is what parasites *do*... (Score:2)
prior art on smb (Score:1)
Microsoft are probably... (Score:2, Interesting)
The reason they're doing this is because from watching SCO, Microsoft fully expect to be able to drag the litigation out for years, during the early round of which they will get a restraining order on the samba developers hence no upgrades. They will then release some windows update "security patch" to Exchange that just concidentally happens to make the current Samba incomaptable.
The only people that will then get Samba upgrades legally will be those licenced to Microsoft. It may even be Microsoft themselves that release the fixes in a fake show of support for Opensource to placate the EU.
comes a time... (Score:3, Insightful)
It is way past the time with that despicable company. There are a few out there that are the epitome of sleaze and greed, enron, exxon, haliburton/kbr, the media companies represented by the MAFIAA price fixing cartel come to mind.
And Microsoft.
I applaud the foreign nations who are actively resisting and moving away from them as much as possible. Regrettably, I know the USA will be the last to see the light on how they are dragging down and ruining the computer scene, they are well past any sort of usefulness for society. All they represent now is economic inertia and "the big skim".
For the past several years now I have expected nothing from them other than severely restrictive, over priced buggy bloatware, being pushed in the sleaziest manner possible-and I certainly haven't been disappointed in the least, they nail it every chance they get. And what is worse-you can't "vote with your wallet". You as an individual can decide to not use their stuff, but that doesn't stop some piece of all your tax money and some piece of the cost of everything you buy winding its way back into their already stuffed to the seams bursting wallets.
That is a clear sign when some corporation has just gotten too large and too intrusive and too greedy and too powerful, when you can't even avoid them when you want to.
The original icon with bill the borg was just so right-on. In fact, it's worse, imagine a corporate society that took the worst they could find from ferengi society and the borg and combined them, that's MS.
The only people I feel sorry for are the ones stuck working there in this economy, because they need a job that can pay the bills. I know there has to be a lot of folks there who know full well that "things are just not right", but are stuck for a handy alternative.
Perhaps those folks and any non-greed filled stockholders can turn that company around back to being useful and ethically straight-not just "profitable", I mean ethically straight. No one really minds honest decent companies, and no one really minds if someone makes a buck, but people do mind and do notice once companies have gone off the deep end into uncontrolled spasms of pure greed.
Yes, Balmer, someone does need to "take the food off your plate", you and your slobbering yes-men are overstuffed bullies and just plain rude and obnoxious in my opinion.
Put the damn fork down and push away from the table, haven't you gorged enough? Is society now supposed to fund your computing vomitorium so you can keep eating at the economic trough well past any semblance of normalcy and decency? Did you ever stop to think that yes, it IS possible to be civil in our civilization?
Of course they want it quiet (Score:1)
I hope it any of that story is true, that one of the people who are being threatened will draw a line in the sand, and blow the whole thing open.
Typical Bill Gates/Microsoft Corruption (Score:2)
Microsoft and its management make Enron look like Greenpeace and Consumer Reports combined.
Help me understand... (Score:1)
SCO; Microsoft; Linus (Score:1)
(Last Journal: Friday November 09, @01:36AM)
I'm seeing a Penny Arcade cartoon (Score:2)
(http://users.rcn.com/smallpond1/ | Last Journal: Wednesday April 30 2003, @11:25PM)
Racketeering (Score:1)
All we need is one firm to blow the whistle & M$ is in a world of hurt.
Correct me if I am wrong.
You ain't seen nothing yet (Score:3, Informative)
(http://www.valerieandevi.be/)
My record: I have worked so far for 5 Gold Partners in Europe and the US and they all have the same 'problem'.
The Price Microsoft Demands (Score:2)
(http://www.friendwich.com/ | Last Journal: Thursday November 09 2006, @12:05PM)
The cost of bringing ONE well-defined issue to court and seeing it all the way through to a verdict of some kind can be estimated at $200,000. Not SCO-style trawling, but one or two concrete issues mixed with the usual absurd claims that get thrown out.
What I want to know is an annual price range for Unix licenses/packages. Then, post the annual costs of some higher-end Oracle packages that probably run on a Unix. Finally, what's the cost of a Windows Server package with lots of CAL's and some support thrown in.
From those estimates you can get a good idea what they are asking for. Not too much, but certainly generating revenue for Microsoft off the normal sales accounting.
Poorly Written Articles Piss Me Off (Score:1)
(http://www.heresy.com/)
FUD: such payouts illegal under 'Sarbox' rules (Score:2)
(http://slashdot.org/~lpq | Last Journal: Saturday August 25, @05:30PM)
"Off the record" payments of this sort would likely expose MS and the company doing the paying to various legal actions like: "monopolistic practices", "extortion", "bribery", and violations of the Sarbanes Oxley rules.
Something doesn't smell right with this "story"...it doesn't pass the "critical thinking" test (not that such a test is important for most people).
Re:A time for the lawyers (Score:2)
Re:fuck IP and MS and everybody (Score:4, Funny)
(http://www.menzonet.org/)
Re:fuck IP and MS and everybody (Score:5, Interesting)
Re:fuck IP and MS and everybody (Score:1)
We should be shooting them in the head.
Finally, people are starting to get it.
Re:fuck IP and MS and everybody (Score:5, Funny)
(http://operagost.com/ | Last Journal: Monday May 01 2006, @12:08PM)
The patent holders will be first against the wall when revolution comes!
Slashdot: where posts using the "f-word" and threatening mass murder get modded "Insightful."
Re:fuck IP and MS and everybody (Score:4, Insightful)
(http://explodicle.blogspot.com/)
Re:fuck IP and MS and everybody (Score:3, Insightful)
*In fact, it's now been shown [ffii.org] that that patenting work activity SUBSTITUTES for research activity, at least in the software field. That is to say, the patent system isn't just not encouraging innovation and progress, it's actually actively discouraging it. Brilliant.
Re:fuck IP and MS and everybody (Score:5, Funny)
(http://www.miscreants.org/)
I regret to inform you that the firm which I represent has acquired a patent on "the desire of shooting people in the motherfucking head" technology, which you've included in your most recent post to Slash Dot.
The licensing fee for this technology is $100, however the penalty fee for utilizing the technology without first having acquired a license is $900, so we will be collecting $1,000 from you post haste.
Proof (Score:5, Insightful)
(http://slashdot.org/~nurb432/ | Last Journal: Friday August 27 2004, @03:24PM)
Now, if its proven to be happening, then ya. its time to get pissed off. ( though, no one can say this wasnt unexpected )
My thoughts exactly (Score:5, Informative)
1) If a publicly traded company is under real threat of lawsuit, they would have to publicly declare it or face SEC and exchange scrutiny.
2) Now suppose that they pay up quietly. There has to be a paper trail somewhere. Not openly declaring expenses on your balance sheet/share holder report once again may be a violation.
3) There would be dozens of people involved. The CIO, the CIO's staff, possibly a CEO + staff, accountants + a legal team to review any licensing agreement. Multiply by dozens of companies and you have hundreds of people involved, at minimum. No way a secret can be kept for any length of time with that many people involved. One disgruntled accountant is all you need to blow the lid off.
4) Why would they hush it up? Why not proudly proclaim that they have insured that they are in compliance and that they respect IP?
It doesn't add up. There is a much higher likelyhood that Chewbacca is from Endor.
Re:fuck IP and MS and everybody (Score:3, Insightful)
(Last Journal: Friday August 24, @03:21AM)
In other news... (Score:5, Funny)
(Last Journal: Sunday November 06 2005, @05:24PM)
"I want system-modal Ok-Cancel dialogs to stop being buried under other dialogs," said the statement released by the man. "I want spyware completely removed from my computer and I want my registry to be less fragile."
"But most of all, I want Clippy back in MS Office. Clippy would have helped me write a better list of hostage-taker's demands."
Re:fuck IP and MS and everybody (Score:4, Insightful)
I think you, sir, are the troll. Could you throw FUD or accusations of murder or attempted murder after the fact in the direction of FSF or Linux Users? By doing it now, you are claiming us of a zealotry (no, internet posts don't count, especially when someone releases steam) that has not surfaced yet when it has been shown time and again that MS is the lawbreaker and predator. Not us.
Thank you.