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Linux Business Microsoft Patents

Microsoft Claims Patent On Elements of Embedded Linux? 191

Preedit writes "An InformationWeek story points out a recent deal between Microsoft and Japanese printer maker Kyocera Mita. Under the agreement, Kyocera obtained from Microsoft a license to patents used in 'certain Linux-based embedded technologies.' The question the author asks is why Kyocera needs a patent license from Microsoft to develop its embedded Linux products."
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Microsoft Claims Patent On Elements of Embedded Linux?

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  • Japanese culture? (Score:4, Informative)

    by Anonymous Coward on Friday November 16, 2007 @06:31PM (#21384665)
    My uncle works in IT for a Japanese company of some size. He often speaks of the Japanese management as if this were still the eighties and sometimes its almost racist,so I apologize for him if this is insulting to anyone so take this with a heaping dose of salt.

    He thinks that it goes against the Japanese culture to use a technology without paying for it, that it shows disrespect to not pay for software licenses. He is not even allowed to consider using Linux or any other OSS for that matter.
  • by James Youngman ( 3732 ) <jay.gnu@org> on Friday November 16, 2007 @06:56PM (#21384935) Homepage
    I think you have hit the nail on the head there. I'd bet that the technology under consideration is Microsoft's fonts (or perhaps the mechanism for using the associated rendering hints).
  • Re:It's a trap! (Score:2, Informative)

    by memojuez ( 910304 ) on Friday November 16, 2007 @07:17PM (#21385127)
    Novell and IBM had deeper pockets than SCO. Microsoft infused enough cash to keep SCO going for awhile.
  • Re:Japanese culture? (Score:5, Informative)

    by tbird20d ( 600059 ) on Friday November 16, 2007 @07:43PM (#21385351)
    I work for Sony, putting Linux into many different Sony products. I also lead the CE Linux Forum, which has a number of large of members from Japan. I can assure you that Linux is used in Japan in droves, and that the range of practices for obtaining Linux, from paying a vendor to downloading directly from kernel.org, is as broad there as anywhere else in the world.
  • by NullProg ( 70833 ) on Friday November 16, 2007 @08:23PM (#21385697) Homepage Journal
    Probably the claims MS is making in all of these cases derive from Samba not the linux kernel itself. Samba may not violate MS copyright because it is developed independently, but in certain legal jurisdictions one could at least argue that MS intellectual property is involved.

    Like MS or not Samba is used in order to inter-operate with Windows and MS might actually have some legitimate claims.


    I've heard the Samba IP argument before. It doesn't hold water (IANAL). Windows/DOS networking (Netbios/SMB) was born out of a joint IBM/3Com/Microsoft venture back in the 80s. Microsoft owns about as much IP in Samba as 3Com and IBM do. Microsofts enhancements (bastardization ?) of kerberos authentication entitles them to no additional IP or innovation points.

    My 2-bits.
    Enjoy,
  • Probably XPS (Score:4, Informative)

    by AirLace ( 86148 ) on Friday November 16, 2007 @09:05PM (#21386025)
    This is likely to be about XPS, the Microsoft XML Paper Specification, Microsoft's PS/PDF successor. I'd guess that Kyocera has written an XPS implementation for Linux, and wants to deploy it to support uses printing directly from XPS-enabled software. An open source XPS implementation was written within a few weeks of the release of the XPS spec -- maybe they're even just shipping that: http://www.ndesk.org/Xps [ndesk.org]

    The spec is freely available, but the introductory paragraphs in the spec suggest that implementing it without licenses is not permitted.
  • Nothing new... (Score:2, Informative)

    by __aajbyc7391 ( 1136715 ) on Friday November 16, 2007 @10:15PM (#21386557)
    Microsoft and LG Electronics, best known for its DVD players, home theater systems, and cellphones, announced on June 7 [linuxdevices.com] that they had entered into a patent cross-license agreement to enable LG to use Microsoft patented technology in its product lines, including in its Linux-based embedded devices.
  • by JohnBailey ( 1092697 ) on Saturday November 17, 2007 @12:51AM (#21387389)

    Yes, but when does a "patent" become a hindrance to society by stifling innovation and competition? All that Microsoft has done is made a non-specific claim about owning patents and companies that can't pay the toll are afraid to move forward because they might end up sued into non-existence.

    That's called a back-door monopoly... and it hurts us, the marketplace, and the implementation of the benefits of technology we should all enjoy.
    It doesn't really say anything. Its like a major news story about an explosion in an animal shelter with the tag line "authorities do not suspect terrorist involvement" Spices up the story a little, but adds no actual information.

    There are three distinct and unrelated aspects to the story.

    1) Microsoft and Kyocera signed a cross licence agreement.

    Common business practice. Nothing suspicious. The only relevant bit.

    2) Kyocera uses Linux in some of it's products.

    Again nothing unusual, and nothing suspicious. Mostly irrelevant, although there is the possibility that Microsoft patented functions might run with but not be part of the Linux functionality.

    3) Microsoft claim to have patents relevant to Linux.

    Nothing new, nothing proven. Most likely FUD. Not relevant in this story. Patents are a very dangerous weapon for all concerned. The owner of the patent is in just as much danger as the target company. Which is why businesses usually cross license instead of going to court. Especially if they are big companies like Microsoft and Kyocera.

    Because 1 and 2 are true, doesn't automatically make 3 part of the deal. Much as I would love to be critical of Microsoft. HTey haven't done anything unusual or immoral. They have just made a common business deal. End of story.

  • by rice_burners_suck ( 243660 ) on Saturday November 17, 2007 @02:18AM (#21387735)

    Hmmm... A story involving Microsoft. To this, I must add the obligatory "flying chair" comment:

    Google is a better company than Microsoft.

    This story also mentions Linux. Did I mention that the better company uses Linux extensively? Hmmm... maybe that has something to do with Google being better.

  • by nametaken ( 610866 ) on Saturday November 17, 2007 @02:50AM (#21387849)

    And there probably never will be. If you've ever contacted MS IP Licensing you know that you can't even discuss licensing their technologies until after you're under NDA.
  • by setagllib ( 753300 ) on Saturday November 17, 2007 @07:31AM (#21388809)
    For all its faults, Windows has supported the standard IPP (Internet Printing Protocol) for a long time. I've never needed to use Samba as a printer sharer, although it can still be convenient for network discovery. Sure, Windows' IPP still has catches like only allowing raw printing, but hey, that's the kind of shit you come to expect.
  • by aproposofwhat ( 1019098 ) on Saturday November 17, 2007 @09:30AM (#21389243)
    I agree - pure FUD.

    From the article:

    What does Kyocera get? The right to use patented Microsoft technology in its printers, copiers and "certain Linux-based embedded devices."

    Note the phrasing carefully - it specifically does not say that embedded Linux uses patented Microsoft technology, rather that Kyocera may use the technology in some of its applications of embedded Linux.

    Of course, Microsoft try to spin it the other way, but it's pure FUD. No more, no less.

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