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Patents Software Linux

Microsoft Getting Paid for Patents in Linux? 377

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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  • by Space cowboy ( 13680 ) * on Sunday February 11, 2007 @12:33PM (#17973016) Journal

    Yes, I know, software patents are the spawn of Satan, no-one (not even me, actually :-) likes them. The point is, though, that software patents are currently completely legal, and any owner of such is going to exploit that. Why would anyone expect anything different ?

    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)
  • so do home users (Score:4, Insightful)

    by CaptnMArk ( 9003 ) on Sunday February 11, 2007 @12:40PM (#17973076)
    Most home users have been forced to buy XP home anyway.
  • by Anonymous Coward on Sunday February 11, 2007 @12:40PM (#17973078)
    So nothing's wrong until there's a law against it? Microsoft aren't the 'messenger', they're the ones that are doing something that some people regard as wrong. People who have the courage to maintain their own sense of right and wrong. The messenger would be the people reporting on it.
  • by Canordis ( 826884 ) on Sunday February 11, 2007 @12:42PM (#17973090)
    Legal isn't the same as moral. Just because there's no law against something doesn't make it morally acceptable.
  • by robinvanleeuwen ( 1009809 ) <robinvanleeuwen@gmail.com> on Sunday February 11, 2007 @12:51PM (#17973156) Homepage Journal
    I'd make it public too , but you and i have (in comparison) nothing to lose.
    If it is true than Microsoft sure as hell selects his targets by who they
    think will pay up offcourse and selects a target (victem) that doesn't want
    to see this information out in public. I mean if some Windows only shop A
    has customers that are trusting the company A because they only use Microsoft
    products. Microsoft discovers that company A actually runs on Linux on his
    internal network, i would say company A is a perfect candidate to squeeze some
    dollars out off...

    It's plain and simple extortion me thinks, but hey, if they can pass it off as
    protecting their IP than more power to them. Fighting this won't change a thing.
    General public opinion is pro-microsoft, sad but true things have to become
    much and much and much worse before people start to wake up and revolt. I hope that
    day comes soon.

    But i can be wrong to offcourse...

  • by tomstdenis ( 446163 ) <tomstdenis@gma[ ]com ['il.' in gap]> on Sunday February 11, 2007 @12:52PM (#17973168) Homepage
    No big loss. NFS is easier to use, has real file permissions, etc.

    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 ... oh wait ... I get it.

    Tom
  • by DarkOx ( 621550 ) on Sunday February 11, 2007 @12:54PM (#17973190) Journal
    Its a nice thought and as a private organization or individual it might make sense but its not going to make sense to lots of corporate decision makers. Publicly admiting the Microsoft is threating to sue you is *Not* going to help your stock price any. Changes are you own some stock in the business yourself, so there is even a personal motiviation. Also there is going to be a long and costly legal battle if you decide to go the mat with M$. You can't afford to half ass your defense, if you lose its gonna really hurt so the only option is win, that is going to take dollars that you may not want to spend, because you could use them to be otherwise competivie, or you might not even have those dollars.

    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.
  • by Colin Smith ( 2679 ) on Sunday February 11, 2007 @12:54PM (#17973200)
    Write a free cross platform client and server network filesystem which runs on Windows, OSX, Unix, Linux and which uses an open standard for locking, authentication, encryption, ACLs etc.

    Leaving file serving in MS's control simply leaves you open to patent infringement etc.

     
  • It is time.... (Score:1, Insightful)

    by jonfr ( 888673 ) on Sunday February 11, 2007 @01:01PM (#17973266)
    It is time to delete the patent system, then we delete Microsoft too.
  • by realmolo ( 574068 ) on Sunday February 11, 2007 @01:13PM (#17973362)
    NFS is a joke. The security model is broken in version 3, and in version 4, it's a complicated mess. Not that Samba is a lot better. But it's still better than NFS. As in, if I was networking a bunch of Linux machines together, I'd use Samba, even if I didn't have any Windows clients.

    Linux in general isn't good at LAN-level networking. It's hard to manage network users, and it's hard to get permissions set correctly. It's getting better, but right now, for heavy-duty LAN stuff, Windows and Active Directory are much better and easier to deal with in almost all cases.
  • by virtigex ( 323685 ) on Sunday February 11, 2007 @01:14PM (#17973368)
    Do publicly traded companies have to report this kind of thing? I would be quite concerned if a company whose stock I own was paying money under the table to organizations that had been found guilty of criminal acts [wikipedia.org]. Does anybody have an idea of what companies are doing this, so that they can be asked in a stockholders' meeting.
  • by undertow3886 ( 605537 ) <<ofni.asma> <ta> <ffoeg>> on Sunday February 11, 2007 @01:19PM (#17973420)

    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?

  • by Explodicle ( 818405 ) on Sunday February 11, 2007 @01:39PM (#17973628) Homepage

    fucking IP bullshit, people patent stuff just for patenting it so they can rape people later maybe someone should shoot them in the motherfucking head.
    Slashdot: Where defining "patent trolling" with the language of an asinine thirteen-year-old will get you modded "insightful"! Hooray!
  • by libkarl2 ( 1010619 ) on Sunday February 11, 2007 @01:47PM (#17973702)
    I have yet to hear of any evidence, *ever* in the history of computing, where software patents were anything more than the proverbial Turd In The Swimming Pool(tm). You CAN'T polish a turd! Plate it with gold and voila -- it's STILL a turd!

    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.
  • by Anonymous Coward on Sunday February 11, 2007 @01:50PM (#17973718)
    The process is clearly not exhaustive, because of the amount of prior art that is typically missed. Perhaps you meant exhausting. But even so, that doesn't mean it was meritorious or worthwhile (you could waste a lifetime of work making a marshmallow car. If no-one wants marshmallow cars, you've just wasted your life) - in this case you're telling someone to do work on satisifying the patent monopoly bureaucracy in a purely artificial system*. The work effort would be better spent on developing something cool (the fact you say "find something to patent" shows how low the USA has sunk - mere discoveries("finds") aren't supposed to be patentable in the first place), profitting, and pumping some of the profit back into the campaign to abolish the patent monopoly system (which ultimately needs to go the way the institution of slavery went).

    *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.

  • by johnw ( 3725 ) on Sunday February 11, 2007 @01:54PM (#17973752)

    NFS is a joke. The security model is broken in version 3, and in version 4, it's a complicated mess.
    This misses the point of the differences between NFS and SMB.

    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
  • What is wrong... (Score:2, Insightful)

    by Anonymous Coward on Sunday February 11, 2007 @02:01PM (#17973804)
    ...is that MICRO$OFT extends things which are not considered "prior art"; yet, if you want to extend M$' things, you're in for serious "legal" threats.

    Corporate bullying should never be tolerated in a mature nation. Also, corporation profit compromising as a motive for prosecution tells a lot about (lack of) respect for humans.
  • Proof (Score:5, Insightful)

    by nurb432 ( 527695 ) on Sunday February 11, 2007 @02:20PM (#17973976) Homepage Journal
    As of yet there is no proof they are doing this. " off the record, anonymous contacts" mean nothing.

    Now, if its proven to be happening, then ya. its time to get pissed off. ( though, no one can say this wasnt unexpected )
  • by segedunum ( 883035 ) on Sunday February 11, 2007 @02:42PM (#17974152)
    Now we can see that Microsoft's deal with Novell was explicitly designed to create and solidify this impression amongst companies using Linux. Novell were well and truly bent over the table, despite the fact that they so innocently claim that they have not admitted any IP issues with Linux or the software they use.
  • by bcrowell ( 177657 ) on Sunday February 11, 2007 @02:56PM (#17974278) Homepage
    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 :-).
    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.)
  • by jchenx ( 267053 ) on Sunday February 11, 2007 @03:36PM (#17974596) Journal
    Disclaimer: I work at MS, although in the Games studios, and no where near the Windows and Office division. We're sort of the red-headed step-child of MS, since we were not exactly "corporate". I can't really comment on the original story, since I have no idea if it's true/FUD, and I don't have insight to give (other than yeah, it seems really slimey).

    maybe someone should shoot them in the motherfucking head.
    First of all, I know this is just a troll. Yet, it's quotes like these which make me wonder just how crazy/zealous people can be. I worry that there will be an incident years from now, where some anti-MS nut swings by Redmond and starts capping who has an MS parking thing on their car, or carries their MS badge. Obviously it's bad for anyone who works at MS when they start have to fearing their lives, but it would also be horrible for things like the FSF or Linux-fans as it could make them look bad, in the eyes of a Joe User (who doesn't follow the tech industry).
  • by growse ( 928427 ) on Sunday February 11, 2007 @03:40PM (#17974634) Homepage

    No, No they havn't.

    Unless selling out = working with microsoft to provide non-GPL proprietory tools which allow better linux/windows interoperability and agreeing that both microsoft and linux code probably infringe on each other's patents and therefore agreeing not to sue each others' customers.

    To me, that's not selling out, that's being sensible and making your product more attractive to corporates with $$$. Some would even say it was a smart business move.

  • by CAIMLAS ( 41445 ) on Sunday February 11, 2007 @03:58PM (#17974836)
    It's legal? It sounds like blackmail to me.

    "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?"
  • by caseih ( 160668 ) on Sunday February 11, 2007 @04:21PM (#17975062)
    NFS is easier, but until NFSv4 is widely deployed, SMB may actually be more flexible and more secure. Right now with NFSv3 (which was the default until the last year or two) if I wanted to export NFS shares to clients, I had to make sure I trusted those clients. Even with root squashing, all you have to do is masquerade the uidNumber and the NFSv3 server would happily give you full access. There were no user/password authentication and credentials at all. In fact at one time I was seriously looking at using a special pam module/daemon that would automount the user's home directory via cifs. In fact if you'll look at what Samba has done with CIFS (CIFS - an ironic name, no? What's common about it?) to add unix semantics including symlinks, you'll see that Samba is a possibility to replace NFS servers in some cases.

    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.
  • by shaitand ( 626655 ) on Sunday February 11, 2007 @04:28PM (#17975114) Journal
    There is a huge problem with this.

    '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.
  • by Coward Anonymous ( 110649 ) on Sunday February 11, 2007 @05:00PM (#17975424)
    "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."

    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.
  • by oohshiny ( 998054 ) on Sunday February 11, 2007 @05:04PM (#17975456)
    No big loss. NFS is easier to use, has real file permissions, etc.

    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.
  • by flyingfsck ( 986395 ) on Sunday February 11, 2007 @05:40PM (#17975708)
    Samba does WINS. Samba runs on Mac. What is the problem?
  • The internet itself would not function without GPL'd code. Laws will change if suddenly that code is unavailable.

    Yes, and the keyword there is suddenly. If the code is slowly, quietly and profitably (to the right folks) swapped out, it will happen.

    And that's why we've got to raise a ruckus.
  • by HangingChad ( 677530 ) on Sunday February 11, 2007 @06:42PM (#17976170) Homepage

    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.

  • by grcumb ( 781340 ) on Sunday February 11, 2007 @07:01PM (#17976312) Homepage Journal

    Unless selling out = working with microsoft to provide non-GPL proprietory tools which allow better linux/windows interoperability and agreeing that both microsoft and linux code probably infringe on each other's patents and therefore agreeing not to sue each others' customers.

    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.

  • comes a time... (Score:3, Insightful)

    by Anonymous Coward on Sunday February 11, 2007 @07:14PM (#17976398)
    ...society just needs to revolt against the "company store" mindset. Corporations are not ever supposed to have gotten so important as to be so thoroughly entrenched into society that they become an obnoxious threat.

    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?
  • by Kalriath ( 849904 ) on Sunday February 11, 2007 @08:38PM (#17976970)
    So we can look forward to a release that does not eat 139MB for the Java Runtime Environment if you open a Java based application? And that actually runs at an acceptable speed on a Pentium FOUR?

    Sun have sat on their laurels for all too long with Java. It's telling that Java is a common source of fodder for thedailywtf.com, because the language in itself is horrific to develop in, and seems to be evidence of being "The software industrys way of proving that no matter how fast hardware manufacturers can make hardware, software manufacturers can STILL make it run like utter shit."

    Being open source does not automatically make it good. Just like being closed source does not automatically make it BAD. If only more people would understand this and judge products based on their merits not whether or not you can read its source code (with no intention of modifying it).
  • by rolfwind ( 528248 ) on Sunday February 11, 2007 @09:07PM (#17977200)

    First of all, I know this is just a troll. Yet, it's quotes like these which make me wonder just how crazy/zealous people can be. I worry that there will be an incident years from now, where some anti-MS nut swings by Redmond and starts capping who has an MS parking thing on their car, or carries their MS badge. Obviously it's bad for anyone who works at MS when they start have to fearing their lives, but it would also be horrible for things like the FSF or Linux-fans as it could make them look bad, in the eyes of a Joe User (who doesn't follow the tech industry).


    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.

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