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Comments: 298 +-   Microsoft Gives Xandros Users Patent Protection on Monday June 04 2007, @11:55AM

Posted by ScuttleMonkey on Monday June 04 2007, @11:55AM
from the try-try-again dept.
microsoft
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linux
DigDuality writes "Microsoft, shrugging off licensing moves to prevent it from repeating its controversial patent deal with Novell, has signed a set of broad collaboration agreements with Linux provider Xandros that include an intellectual property assurance under which Microsoft will provide patent covenants for Xandros customers."
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  • by vwjeff (709903) on Monday June 04 2007, @11:57AM (#19383723)
    Wow. Show me the patents or shut up.
    • by khasim (1285) <brandioch.conner@gmail.com> on Monday June 04 2007, @12:04PM (#19383827)
      The patent threat is just FUD.

      I'm more interested, right now, in how much Xandros was paid for this "deal". Particularly after the problems Novell had with their's. And with Jeremy Allison leaving Novell after that deal.

      They know their standing in the community is going to take a hit. So, how much was it worth to them?
      • by Ngarrang (1023425) on Monday June 04 2007, @12:48PM (#19384415) Journal

        They know their standing in the community is going to take a hit. So, how much was it worth to them?
        And this his Microsoft is showing how smart it is. It is using the very divisiveness that exists in the open-source community against to attack Linux. The SCO lawsuits have failed. The patents threats are being laughed at. So, pay someone a bunch of money, give them a promise of lawsuit protection and voila, watch a small portion of the community shut that vendor out. Then, target the next distro. Even if this isn't Microsoft's plan, it is working out this way. The Microsoft community shows more cohesiveness than this, which is their strength.
        • So, pay someone a bunch of money, give them a promise of lawsuit protection and voila, watch a small portion of the community shut that vendor out.

          It seems that they'd do it even without the lawsuit protection.

          Microsoft seems to just want that bit in there so they can spread FUD.

          So, for some money (small change to Microsoft, big bucks to Novell, no idea about Xandros), Microsoft purchases the assistance of a Linux distributor for spreading FUD.

          In which case, it is understandable that the rest of the communi

          • 1. Fork Xandros - call it Expandros or something.
            2. Do a "patent" deal with Microsoft.
            3. ???
            4. Profit!

            • by Mateo_LeFou (859634) on Monday June 04 2007, @03:04PM (#19386303) Homepage
              I heard you were doing this thing where you -- generously, I must say -- agree not to sue a distrbution's customers for infringing a bunch of patents that you won't name. I also heard -- and this is why I'm writing -- that *you are paying *them for this. So...

              I'd like in on this. I'm going to create a new distro every day from now until August 7. In exchange for you not suing the people who buy or download it, I'd like you to give me, say, $5 million per distro. I can come down a bit, though.
        • by bigpat (158134) on Monday June 04 2007, @01:14PM (#19384815) Homepage
          Well, I think this has just become a running joke. I think it is much more than just "the Linux community" that thinks Microsoft is full of shit with their lies and marketing ploys.

          Microsoft continues to lose all credibility as anything other than a "me too" technology company. Microsoft makes money on the kickbacks it dishes out to idiot CIOs and by its policy of designing vendor lock-in into everything they make, not on the merits of their products.

          Smart CIOs would ban MS products from the office, not standardize on them.

            • by bigpat (158134) on Monday June 04 2007, @03:14PM (#19386437) Homepage

              No. A Smart CIO will standardize on MS Office products because the average Joe and Jane knows their ways around Office Suite.
              No they don't. And if they did, does this mean that people shouldn't upgrade to Office 2007 because it has too many new features? Might as well move to OpenOffice in that case.

              Software selection was never about superior technology and morale high ground in the first place.
              Since when is simply not wanting to get shafted by Microsoft the "morale high ground"? It is pure self interest to want to avoid being stuck with all your corporate information in files that have been purposefully made so that they can only be effectively used with the help of one particular vendor's product. I would be perfectly fine with MS Office if it would simply use the standard OpenDocument format instead of using proprietary add ons.

              No, as a corporate CIO I probably wouldn't ban Microsoft products altogether, but like the former CIO of the Commonwealth of Massachusetts, I would make sure that using standard open formats were a primary criteria for software selection. With proprietary formats only being used if no other software was available to fill a need.

              Using open formats isn't about taking some moral high ground, it is about business continuity and being able to do what you want with your own assets. Nothing should piss off senior management more than discovering that you can't use the data that your own employees have generated over many years just because Microsoft doesn't support what you want to do.

            • by killjoe (766577) on Monday June 04 2007, @04:06PM (#19387285)
              Average joe is not familiar with the new office. OO looks more like the old office then the new office does.

              If the CIO is smart he will minimize his training costs by switching to OO.
                • Other word processing Suites can claim that they are similar, but again to a lot of people, they are not the same. (Unless the software "copies" MS's navigation style. And in this case, they are liable of being sued of the content, as the copyright law today would dictate).
                  Program menus are deemed a "method of operation" and not subject to copyright. Lotus Development v. Borland International [wikipedia.org].
                    • However, you cannot copy graphics and icons (unless they're standard icons). This limits the effectiveness of a "copy" of someone else's interface.
                      If they're not standard icons, then users won't notice that they've been redrawn from scratch, and those users who do notice can be retrained: "To open the Start menu, click the K instead of the colorized Wheatables cracker [kelloggs.com]".

                      The first would, of course, be patents MS most definitely holds on the ribbon.
                      I tried Access 2007's ribbon once, and it was pretty much just a tabbed toolbar. The bottom panel of Blender 3D modeling software has something very close to a ribbon. Do you have the numbers of these patents so that I can try deconstructing their claims?
        • by rvw (755107) on Monday June 04 2007, @04:05PM (#19387281)

          So, pay someone a bunch of money, give them a promise of lawsuit protection and voila, watch a small portion of the community shut that vendor out. Then, target the next distro. Even if this isn't Microsoft's plan, it is working out this way.
          If MS cleans the weed out of the Linux distros this way, let them. If Red Hat, Slackware and Ubuntu/Debian don't follow, it will make the market a lot more clear, and it will help the "good" distros survive.
        • by MindKata (957167) on Monday June 04 2007, @04:34PM (#19387631) Journal
          "Long term" ... It looks like M$ are playing for the long term.

          First we had the M$+Novell stunt. Then the 235 fictitious patents and now the "deal" with Xandros. Its looking ever more likely, this is part of an ongoing serious tactical move by M$ to damage the name of Linux, by implication alone, that its somehow unsafe from legal action, unless licensed by them.

          I'll just quickly paste in a section out from my previous /. post on the subject...
          "Microsoft could well be using this "patent news" in a very underhanded, but very tactical way to scare corporations away from adopting open source tools and/or OS, in an attempt to tip the balance so corporations buy Vista. Non-technical Corporation bosses would be afraid of this kind of underhanded sabre rattling tactic of Microsoft, as they would fear wasting time and effort on Linux and so go the "safe" route of using Microsoft tools & OS. ("Safe"=What M$ tell them is safe)."

          Now with this Xandros move, it looks like its part of a bigger overall strategy. It looks ever more likely this is a much more serious tactical move than just sabre rattling to just sell more copies of Vista.

          I can only hope organisations and even governments who use Linux, can quickly take serious legal action against M$ for this strategically very devious mud slinging.

          If this isn't stopped fast, M$ are going to scare other Distros into signing up and each that do, add implied weight from a legal perspective, in the eyes of non-technical judges, that something is up with unlicensed Linux. Its a very underhanded strategy to imply something is wrong with Linux.

          If enough Distros sign up, then M$ just has to say in court "hey look judge, even these big Distros admit there was something wrong with Linux. So now, we want everyone else to pay up".

          Microsoft look like they are playing a very big chess game to win control over Linux and it needs to be stopped fast.
      • by dpninerSLASH (969464) * on Monday June 04 2007, @01:06PM (#19384687) Homepage
        Has anyone stopped to consider the fact that this might be exactly how Microsoft wants the OS community to respond? The backlash against Novell after their deal was significant...it's safe to say they lost at least a handful of customers as a result.

        If Microsoft can chip away little by little at the guys who are selling support services, then it only helps their business.

        Of course I could be totally wrong.
        • by vux984 (928602) on Monday June 04 2007, @02:18PM (#19385713)
          .it's safe to say they lost at least a handful of customers as a result.

          But its not like those customers became Microsoft customers. Or even abandoned linux. The only abandoned Novell.
  • by h4rr4r (612664) on Monday June 04 2007, @11:59AM (#19383759)
    This is great. I used to have to pick from so many distros, now I have 2 scratched off the list.

    I have used SuSe in the past, but I will never again. Xandros I never used and never will.
    • by mrchaotica (681592) * on Monday June 04 2007, @12:14PM (#19383961)

      When it was just Novell, you know they'd be screwed after GPLv3 because they wouldn't have the resources to fork the last GPLv2 releases of everything. But on the other hand, if Novell and Xandros and ??? ('cause at this point I think we can assume MS will continue making deals) get together, there could be significant forks. And that's really, really bad news.

      All the people who've been saying "MS has something else up it's sleeve; just wait for it..." have just been vindicated, I believe.

      • Re: (Score:3, Insightful)

        Forking isn't bad news. Unless Novell et al completely own the Copyrights on said GPLv2 software (say, a few packages?) they can't change the licensing on it. It will have to stay GPLv2 which allows the rest of us to keep seeing their sources and picking and choosing any useful patches they distribute to their software. On the other hand, they won't be able to do the same to GPLv3 software being worked on by the rest of the community. Forking is bad news for them, not us.
    • by VON-MAN (621853) on Monday June 04 2007, @12:43PM (#19384323)
      That happens to be openSUSE nowadays, and it is totally unencumbered by any deal Novell has made with Microsoft. And if you used SuSE in the past you're probably interested to know that Yast2 is now a fast, complete and GPL'ed system configurationtool. If you install the smart packages, you can select repositories and update your machine synaptic-style. You'd find that allmost every interesting package can be found on the repositories for openSUSE (from MythTV to XDVDshrink and hugin to ltsp). Novell updates openSUSE like clockwork, and is equally like Red Hat and IBM a big force in kernel development. That makes openSUSE a popular, high quality, solid, open source distribution (and there aren't that many).

      Now I know that Novell is very impopular now, but I think, that if openSUSE would disappear it would be loss for open source as a whole. And if also Xandros would disappear it really wouldn't be that great anymore.
    • by Grishnakh (216268) on Monday June 04 2007, @01:10PM (#19384747)
      I used to be a big SuSE fan, starting way back in 1999. My last SuSE version was 10.1.

      Now I'm using Kubuntu.

      As for the OpenSUSE apologists, no thanks. OpenSUSE still exists at Novell's whim, using Novell's resources. Why use that when you can use a distro that has nothing to do with MS?
      • by molarmass192 (608071) on Monday June 04 2007, @02:01PM (#19385495) Homepage Journal
        Ditto ... we had several SuSE licenses, they're slated to be replaced by RHEL5 by the end of the year. It was mostly my call to make, all it took was a quick slide show to management stating how SuSE was entering into a licensing agreement with MS, threatening the continuity of their SuSE Linux line, and approval to migrate to RHEL5 was a done deal. In the end, this is a good thing, it focuses resources back towards RH who really have maintained their stance on the GPL all along. If anybody is going to go to the mat for Linux, it'll be RH.
  • by theTrueMikeBrown (1109161) on Monday June 04 2007, @12:02PM (#19383795) Homepage
    I am of the opinion that Microsoft will continue to push the boundary as long as it is around.

    I don't really know if this is 'news'. Expecting people to be too surprised at this is sort of like saying "Hey, everybody, another person was killed in the middle east today" and expecting to get responses like "Wow, I didn't see that one coming!" or "You gotta be kidding."
  • Disambiguation (Score:5, Insightful)

    by Dachannien (617929) on Monday June 04 2007, @12:02PM (#19383803)
    http://en.wikipedia.org/wiki/Protection [wikipedia.org]

    Anybody care to suggest which of those articles is applicable?
    • by Anonymous Coward on Monday June 04 2007, @12:07PM (#19383871)
      Probably the condom one. Preferably lubricated, as I've heard MS is heavily endowed. But maybe Xandros likes it rough.
  • Selling Out (Score:4, Interesting)

    by Nom du Keyboard (633989) on Monday June 04 2007, @12:07PM (#19383865)
    What is selling out providing, except to bolster Microsoft's position that they must have something, else nobody would be dealing with them?
  • For those who have never heard of Xandros (which will be a lot of you), it's a commercial distribution descended from Corel's Linux system, funded by the same VCs that funded Ximian, and derived from Debian at one point, although I don't know how much comes from there any longer. They've been around a long time, although for obvious reasons I can't believe they are very successful.

    They took the money that Microsoft offered. That's really all the news there is here - that Microsoft found another foundering commercial Linux distribution willing to sign up to the patent covenant and give it publicity. The technical aspects are irrelevant, as they indeed are in the Novell deal. Xandros is a little fish without significant technology to offer. Even in the case of Novell, nobody needed Microsoft's help with virtualization - the only thing Microsoft can offer is the slight performance increment of paravirtualization for Windowsover the full virtualization that is available now.

    There's not much to do about Xandros. They aren't a big player, this isn't going to make them into one. We should turn away from them as was the casewith Novell, but it seems a bit silly since most of us didn't even know they existed.

    Bruce

  • With Novell, Microsoft subsidised Novell Suse licenses. With Xandros, Microsoft is doing a deal to provide "patent covenants", which means protection being sued by Microsoft for patent claims that Microsoft has not actually specified.

    The game is to knock down the commercial Linux vendors, one by one, and establish them all as clients of Microsoft's "intellectual property". You can bet that the pressure on Red Hat to settle is quite intense. First, their competitors are being subsidised. Second, their clients are being blackmailed.

    I've written a more detailed analysis [digitalmajority.org] on this. Microsoft is using software patents to try to take ownership of GNU/Linux and all free software / open source that would be distributed along with it.

    Divide and conquer. At the end, the volunteer distros will be left alone to do their work, contributing to the shiny new future, while Microsoft makes sure it gets its 10%.

    GPLv3 is being seen as many in the industry as the answer. I think that's wishful thinking. The real answer here is a lawsuit from the government for abuse of monopoly power, where Microsoft is using its monopoly in the desktop area to interfere in the server OS market.

    On a related tangent it seems that the Redmond astro-turfing drones are out in force, insulting RMS, calling the GPLv3 all kinds of names, claiming that "freedom" includes the right to abuse other people. Well, drones, suck it. Doesn't matter how much you scream and rant, how much your managers pay you to mess with ISO and push OOXML, Microsoft is either going to learn to "do no evil", or it's going to sink like the Titanic.
      • No, ranting and raving won't do a thing.

        However no monopoly is an island.

        Look at how hard the Microsoft drones have tried to discredit GPLv3 here. There is a steady stream of propaganda: "GPLv3 takes away your rights, RMS is evil, why limit freedom..."

        If we - those who are meant to swallow such crud - are worth talking to, then we're not powerless. Microsoft cannot make an infinite number of enemies in a networked world. At some stage it needs friends. And it's got so few left, it now has to buy them.

        I'm really waiting for the day when Microsoft looks at Apple's and Google's share prices and realises "being nice could actually make us more money than being evil bastards that everyone hates."

      • Bizarre. IHBT, but I'll bite.

        My firm makes its money thanks to the GPL. If we did not use that license - for which RMS has earned my eternal gratitude - firms would simply steal our free software without giving anything back. The GPL ensures that we can earn money from our hard work by selling commercial licenses. What kind of business model do you see for "the community" you claim to be part of...?

        As for "the tatters of our credibility", you are blaming RMS for a problem that is not there. Free software has never had a higher credibility.

        I'll tell you who has lousy credibility... it's ACs who pretend to be part of a community. GNU-slash ruined Debian for you, did it? I'm so sorry for your fragile world.
  • Protection racket? (Score:5, Insightful)

    by INT_QRK (1043164) on Monday June 04 2007, @12:16PM (#19383975)
    So in Brooklyn, for example, Fingers and Lucky come into your restaurant one day and demand a weekly payment in return for which nothing bad happens to your business or your cute little kids. See the Wikipedia article at http://en.wikipedia.org/wiki/Racketeering,quoting [wikipedia.org] definition of Racket, quoting the article: "...best-known is the protection racket, in which criminals demand money from businesses in exchange for the service of "protection" against crimes that the racketeers themselves instigate if unpaid..." So is there a *RICO case here? * RICO (from the same article) "Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. 1961-1968)...allowed law enforcement to charge a person or group with racketeering, defined as committing multiple violations of certain varieties within a 10 year period.... purpose..."the elimination of the infiltration of organized crime and racketeering into legitimate organizations operating in interstate commerce."
    • Re: (Score:3, Insightful)

      Microsoft is not threatening to commit a crime, so I don't believe it would be racketeering. Threatening "something bad" is just business unless the "something bad" is criminal. Lawyers do it all the time.
        • Re: (Score:3, Insightful)

          A big business usually can't have morals. First off they are an organization, not a person, and second the shareholders ultimately are most concerned about making money. Laws tend to be the controlling factor in business rather than morals, but the good point there is that citizens can theoritically change laws.

          In your example of the lawyer, I personally think that is a good reason to change the law. I think the lawyers should be personally punished for pursuing frivolous lawsuits.
  • by Frosty Piss (770223) on Monday June 04 2007, @12:23PM (#19384055)
    As others have said, this is part of Microsoft's FUD program to convince people that Linux venders believe Linux does have major patent vulnerabilities, and are bowing to Microsoft's ownership (although, I thought SCO owned Linux, why isn't Microsoft going after them?). But the real Enterprise Linux players will never fall for this. Red Hat might, but Oracle probably will not, given how much Larry hates Bill. Mandrivel and all the rest are not US based, and probably don't see much threat.
  • Not Grandfathered (Score:3, Insightful)

    by codepunk (167897) on Monday June 04 2007, @12:31PM (#19384149) Homepage
    March 28th was the Grandfathered cutoff date for the GPL3 as far as I know...interesting...
  • I was wrong (Score:5, Funny)

    by ClosedSource (238333) on Monday June 04 2007, @12:46PM (#19384387)
    There is a way to profit from open source. Make a Linux distro and then make an agreement with MS. Sweet.
  • by rbrander (73222) on Monday June 04 2007, @01:34PM (#19385133) Homepage
    Remember how the movie "Bull Durham" emphasized what a dramatic jump it is from the bush leagues to what they called "The Show", the majors?

    Xandros and a dozen other of what Mr. Perens posted above as "struggling" Linux distributions are struggling because people like myself (MEPIS man, 3 years) consider their $50 or $100 OS price a Grave Decision and hopscotch through various distros (Mandrake, Lycoris and Linspire for me) and probably settle on a totally free one. Like me.

    So Xandros and many others have gone over a decade unable to ever meet payroll for more people that can gather around one conference table, with growth flattening after they reach a base of a few thousand home users, a couple of dozen minor corporate installs and perhaps a couple of larger ones.

    Then MS comes along, and it's not the direct cash so much as the mere prospect of a CHANCE of being seen as a Serious Corporate Solution that might, just might now get picked up by a couple or six dozen larger installs in the hundreds of desktops each. Slashdot readers might not be scared of the patent boogeyman but the larger a company is, the more averse it is to the prospect of such risks, however small. To them, a volume purchase price of $25 per desktop is very, very cheap insurance against even spending one legal-staff-week on a lawsuit threat.

    So a company like Xandros can "offend" a free software community that has been collectively sending it a few hundred thousand a year at most to grab a shot at the brass ring of joining "The Show" and selling thousands of installs to big corporations. Like a baseball player taking a longshot at "The Show" even if it burns all bridges back to the bush leagues.

    You can blame them but you should also see their point of view.
    • Re: (Score:3, Interesting)

      Exactly, Xandros do not really interact with the wider free/open-source community, so have nothing to lose by getting into bed with Microsoft. The thing is, Microsoft's patents are probably not the best, they got there pretty late in the game, and there are Patent Troll organisations with bigger piles of better patents. So getting the green light from Microsoft does not get you very far.

      Redhat ditched the end-user desktop market because they knew that all the money is in servers. Linux, the kernel, and the
    • What the fuck was this guy thinking, to make the same kind of deal despite seeing Novell get blackballed by the community?

      The difference is that Xandros is a dieing company and a little cashola from Microsoft keeps them afloat a little longer. And too bad for Xandros, Microsoft doesn't own Linux, SCO does... ;)



    • Novell may be getting "blackballed by the community" but recent earnings reports show that since the Novell/MS deal, Novell has gained share at Red Hat's expense. The "community" of which you speak might be good at "blackballing" but so what? That community doesn't pay the bills. It's not like you guys actually buy any distros or sign up for support contracts anyway, so you can "blackball" whomever you want. It makes no difference since distros aren't seeing any money from you anyway.
      • Re: (Score:3, Insightful)

        The "community" of which you speak might be good at "blackballing" but so what? That community doesn't pay the bills.

        Yeah, but that community does make the software. If the community gets pissed off, Novell has no more product to sell -- hence the GPLv3.

      • Re: (Score:3, Informative)

        The "community" of which you speak might be good at "blackballing" but so what? That community doesn't pay the bills. It's not like you guys actually buy any distros or sign up for support contracts anyway, so you can "blackball" whomever you want. It makes no difference since distros aren't seeing any money from you anyway.

        Don't be ignorant. The "community" typically has day jobs in the IT sector where they get to recommend vendors. By pissing off the community, they've bought themselves a lot of bad wor
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