Microsoft, Sue Me First 349
corigo writes "Supporters of free and open source solutions have thrown down the gauntlet at Microsoft's feet. Christian Einfeldt of Digital Tipping Point says 'Sue Me First,' and he's not alone. More and more people are signing up and challenging Microsoft to put their lawyers where their mouth is. The open source community is far from running scared. Will Microsoft step up to the plate, or are they just continuing a scare campaign with no real ability to leverage the patents they claim open source is infringing?"
Does this "challenge" have any legal significance? (Score:4, Interesting)
Can you force someone to sue you? (Score:5, Interesting)
If Microsoft DID have a case... (Score:5, Interesting)
Pre-emptive Class Action Lawsuit (Score:5, Interesting)
Mark Shuttleworth take on the MS Linux lawsuit (Score:5, Interesting)
Re:Not really. (Score:5, Interesting)
Apparently not because the small developers are daring MS to sue them.
I see this going the way of lindows. Ms sues Lindows. Lindows challenges Ms trademark. Ms knows they are going to lose. Ms pays lindows a bunch of money to withdraw their suit.
The way I see it Ms will sue and then pay the people they are suing in exchange for dropping their challenge to Ms patents.
This could be a good money making scheme and I think Ms is stupid enough to actually take these people up on their dare.
RE: jakshamesh! (Score:2, Interesting)
This could be a dangerous bluff (Score:2, Interesting)
Re:Does this "challenge" have any legal significan (Score:3, Interesting)
i'd think its a bloody smart idea to leave dealing with those guys to those with the protection of governement (cops, armed forces etc) if you value your life.
They snooze they lose (Score:1, Interesting)
"Laches is an equitable defense, or doctrine, in an action at law. The person invoking laches is asserting that an opposing party has "slept on its rights", and that, as a result of this delay, that other party is no longer entitled to its original claim. Put another way, failure to assert one's rights in a timely manner can result in claims being barred by laches. Laches is a form of estoppel for delay. In Latin,
Vigilantibus non dormientibus æquitas subvenit.
Equity aids the vigilant, not the negligent (that is, those who sleep on their rights). "
http://en.wikipedia.org/wiki/Laches_(equity) [wikipedia.org]
Re:Piss off the bear enough. (Score:3, Interesting)
2 - regardless of who wins, the stakes ARE high. We are talking about basic freedoms here. Not just some IP thing. Think outside the box here.
3 - time will tell who wins i dont think its going to blow over this time. Microsoft on one side trying to screw us, RIAA on the other. Its going to get ugly before it gets better.
Polar Opposites (Score:3, Interesting)
Of course, "could" is just a possibility. If they actually ever went to court, software patents might be overturned in general, particular patents could be invalidated specifically, claims made with valid patents could be found non-infringing, the community would likely recode the claims found infringing to steer clear of the patent, AND Microsoft would still have to deal patent infringement countersuits launched in retaliation.
It is far better for them attempt to profit from vague fear than vague fact.
Smells like another opportunity (Score:2, Interesting)
Yes. Enthusiasts are risk-seeking.
Airplane enthusiasts are risk-seeking. Baseball card enthusiasts are risk-seeking. Stock market enthusiasts are risk-seeking. Insurance enthusiasts.
Enthusiasts, by nature, like to push the envelope. They try to see how far, or in which interesting new directions, they can take their pet.
But that doesn't stop traditional business people from using airplanes or insurance. Traditional business people understand that enthusiasts are enthusiasts. Many business people realize that when enthusiasts for some unheard of something-or-other start showing up in the news a lot, there is likely some new business opportunity opening up.
Re:Does this "challenge" have any legal significan (Score:1, Interesting)
God help us all if a lawyer ever learns how to code...
Re:Mark Shuttleworth take on the MS Linux lawsuit (Score:4, Interesting)
That's not that big a risk. License a patent, pay some damages, buy the competition. They don't really hurt that badly in any of those scenarios. It's when some high-rolling PHB says "What do you have that can do the job of this other software that I heard about?" and they have to say "Nothing." that they really hurt. What keeps them filling their swimming pools with a fresh batch of c-notes every week is that the sheep don't have to know the name of more than one software company.
Re:Not really. (Score:5, Interesting)
1) actually must sue them
2) disclose what specific code infringes
3) lose the ability to enforce their patent rights against people who requested one of 1 or 2.
4) Profit!
Now, I know that patents normally don't act this way, but in this case they do. MS has been publicly stating that the software infringes. If somebody asks MS directly what specific code is infringing, and MS is not forthcoming, that will prevent them from winning a later suit against that person. Microsoft must make an effort to resolve the situation, or their later suits will be dismissed according to the doctrine of laches.
So if you are confident that your software doesn't infringe on any valid patents, go ahead and send MS a registered letter asking for the details of the infringement.
Mickey Mouse should be Public Domain (Score:4, Interesting)
No wait... Disney called in a favor from their brown-paper-bag-shills at Congress, who promptly introduced this legislation which kept Mickey from entering the public domain. AFAIAC Disney used Congress to steal it. No wonder Disney grew old and stale: They have no incentive to come up with anything new. http://en.wikipedia.org/wiki/Sonny_Bono_Copyright
Who were the Congressional Shills? Despite the name it wasn't Congressman Sonny Bono, but I can't tell you who did it. This is what sucks about Congress. We get nasty bills passed that take away our rights, but Congressmen are shy to stick their name on it. So while grumbling about this, the DMCA, the Parrot Act, you could be voting for a shill who sponsored it.
How about someone do a web site showing who is a shill and who isn't. Wikipedia doesn't carry this sort of info.
Re:Bingo! (Score:1, Interesting)
Get real people, MS is only going after fortune 1000's.
This stupid lawyer is going to be taken seriously because he is tough enough too stand up to a company that has no interest at all in suing him?
Look at this quote:
"First, Microsoft has succeeded as a company because they have mostly refined the innovations that other companies pioneered. So Microsoft has some major problems with "prior art" and "obviousness" defenses to its patent claims."
A lawyer made that statement?
Generally speaking , Judge, MS is not much of an innovator so rule all claims of all 200 or 100 or 50 or even 20 patents (whatever) for that matter invalid. Here is my one paragraph motion for summary judgment. Done.
What friggin law school did this poser slide out of?
GET REAL REAL folks this is all hot air BS to fight FUD.
If you believe the end justifies the means then you are no better than the other side.
If you want to believe this crap then you like being lied to.