Xandros CEO Doesn’t Agree Linux is Patent Violator 156
whitehartstag writes with a link to a Network World article about statements from Xandros in the wake of their Microsoft deal. Xandros CEO Andreas Typaldos made a point of stating that they don't believe their product violates any of Microsoft's patents. Nor, he said, did the software giant share with them exactly which patents they believe Linux violates. Just the same, he's disappointed with the reaction they've received from the open source community. "Feedback from the Linux community has been on the order of 'you shouldn't really be talking to the devil.' Linux and open-source advocates believe it is a big issue and say the Xandros deal, and another signed by Novell with Microsoft last year, erodes open source licensing provisions especially around intellectual property issues. Indeed, the Free Software Foundation is rewriting its GNU General Public License (GPL) 3.0 to prohibit such patent deals in the future."
Handy boilerplate, if this dumb trend continues (Score:5, Insightful)
Future submitters, just keep this text on hand the next time some idiot signs a deal with Microshaft:
It's almost beyond belief that these guys keep giving the community a great big "FUCK YOU", and yet are always surprised when we don't welcome them as liberators, with flowers and open wallets.
I disagree - but I know where you're coming from. (Score:2, Informative)
It looks like this company is actually helping the community. They're eliminating the fear that if their product is used, they, the customer, won't have to worry about the big bad MS coming after them. After all, wasn't this the exact same issue that kept folks from
You must be new here. (Score:1, Flamebait)
Re:You must be new here. (Score:5, Insightful)
I fail to see how "pay us and we won't crush you" qualifies as 'doing something good.'
By that metric, the Mafia must be the best guys ever! All they want is your money, and they'll be ever so nice to you.
Re: (Score:1, Funny)
Linux Distributor: What if I don't want to be your friend?
Mafia Enforcer: I'll break your fucking thumbs.
Two way agreement. (Score:2)
- Mafia ask only money for protection.
It's a one way transaction.
Also note that the Mafia is known to have really attacked non paying victims.
Microsoft usually make a two way transaction
- You pay us and we promise we won't crush you for reasons that we can't even show, but believe us there are 253 of them.
- We pay you a big wad of cash and you'll work with us on interoperability (so we'll have some proof to show the EU ? or so they want t
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Wait a minute. . .
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It's not quite that simple. What Microsoft is doing is establishing a base of transactions for the underlying concepts used in FOSS projects, so they can take the projects from the community.
The free software community works on a non-transactional basis. There's an expectation of delayed gratification from many contributors. For example, I write tools for my field, but I'm a poor coder. I taught myself programming out
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Right. MS likes Linux, hates *free* Linux (Score:2)
Microsoft wants one thing out of all this patent nonsense - for Linux to no longer be considered viable as free beer software. For them, that's the driving force behind all of these deals. They don't really care about interoperability, but they don't mind
Give me a break! (Score:2)
I am one of many
Re:I disagree - but I know where you're coming fro (Score:5, Insightful)
So, in effect, Xandros is making a deal that puts their 'community' above the community at large, whereas I would argue that the intent of the GPL in general, and the open-source developers that use it, is to create something that the wider community (all developers, all users, including Xandros and their customers) will ultimately benefit from.
I think that as long as companies like Novell and Xandros keep thinking of the community of only being made up of their paying customers, they are missing the point of free software and ultimately will be missing out on the crucial developments that they require to maintain profitability.
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But doesn't anything that hurts Xandros' customers also hurt the community as you defined them?
Re: I disagree (Score:3, Interesting)
Be that as it may, you may notice that noone has yet (to my knowledge, at least) been hurt from Microsoft's patent threats. However, the very act of Xandros and Novell signing this deal with Microsoft very much hurts the community at large. Not only does it seems to lend credence to Microsoft's claims, but even worse: It essentially enforces the Microsoft tax even on Linux sales! It means that Microsoft still get
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This new activity makes me very nervous. Like a known enemy
As one of their former customers... (Score:2)
I think that as long as companies like Novell and Xandros keep thinking of the community of only being made up of their paying customers, they are missing the point of free software and ultimately will be missing out on the crucial developments that they require to maintain profitability.
It goes a little deeper than that for me. Myself and many fellow Xandros users spent hours helping each other out and paying Xandros for their distro in the perhaps naive belief that we were helping make Linux profitabl
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Version one would install almost anything from debian sources. In version two, Xandros would scream and holler and then finally screw up totally if I tried to install kpackage. I was not happy... I wanted it so I could install BZflag. Kpackage was normally like a 1 meg install... damn thing... installed for almost an hour then screwed up half of X
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The reality is that software patents are bad for the
In a word, "No". (Score:2)
No. Ever since SCO first started talking, Linux has never stopped gaining market share.
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That is a trend I'm sure the market will correct now that Microsoft has begun to assert its' right to protect its' investment in its' intellectual property.
It will be interesting to compare Windows Server market share versus Linux market share a year from now.
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It sure will, given that at least up until this whole thing began (I don't have stats for after it) Linux was the only operating system gaining market share, though Windows was mostly holding. This is because Linux takes more seats away from Legacy UNIX than it does from Windows.
Frankly I think that the whole patent flap will have little to no effect on Linux adoption.
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Nah. Apple has been slowly gaining market share for a while, so Linux isn't the only OS gaining market share.
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They're pretty popular for people who run computer labs full of Macs (schools, for example). The netboot and ARD stuff makes it much easier to install new machines, distribute cloned images to their drives remotely (or remove the hard drives entirely and netboot them all), set up network home directories and domain-wide login accounts, etc.
That said, you're right that Apple has never really pushed the enterprise server market.
Re:I disagree - but I know where you're coming fro (Score:1)
Re:I disagree - but I know where you're coming fro (Score:2)
These deals are not meant to "eliminate" fear (Score:5, Insightful)
Msft wants the public to believe that *only* novell and xandros can be used without fear. Where does that leave redhat, which has about 75% of the enterprise market? Or Debian, or Ubuntu, or Mandrake, or Slackware?
The very fact that these deals are made makes Linux look dirtry - which is of course the idea. These companies take msft fud money to help msft imply that linux is a legal mine-field.
Re:I disagree - but I know where you're coming fro (Score:4, Interesting)
And exactly what is the Xandros product? Just an FYI, Xandros does not own linux, they distriute linux which is licensed to them by the owners of the copyrights under the GPL. The Novell and Xandros deals are BS because they are linux distributors and at best a small player in the development of linux.
From the base of the kernel source code I ran an egrep -ir "Xandros" * | egrep "Copyright" and came up with nothing, for Novell there was only one. If you try something like "Red Hat" or "IBM" or "Hewlett" you come up with a list of multiple copyrights.
So is Microsoft signing a deal with Xandros to not go after their customers for the services that Xandros provides? Its definitely not for any Xandros intellectual property.
It is the same issue, both are based on posturing rather than facts, linux adoption did not stop, and there was no reason to fear The SCO Group unless you were a previous customer of the original SCO. The SCO Group professed loudly the same threats in the press but in the end they didn't go after a single linux user, they went after their own customers who did business with them in the past.
So if The SCO Group is any hint of what will happen its likely the people who are signing deals with Microsoft are the ones who will get screwed.
Not quite... (Score:4, Insightful)
No, they're trying to create fear that Linux contains their IP. They want to eliminate all free as in beer versions of Linux. This is just step two of their plan. The SCO litigation was step one.
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Let's hope that phase 2 of Microsoft's plan is equally successful.
Re:Handy boilerplate, if this dumb trend continues (Score:4, Insightful)
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Why shouldn't Xandros?
Some guys on Slashdot wrote a few +5 Insightful posts like yours?
In the end the open source world will fall all over themselves trying to prove just what a 'reasonable' bunch of people they are and 'look for the good side of the deal' and spout drivel like 'you know, Microsoft isn't ALWAYS evil
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I never said anything like that! Check my posting history if you don't believe me, kthxbai
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1) They're buying 'insurance' so they won't get out-lawyered and sued out of existence by an 800 pound gorilla in the future, a gorilla that out foxed the US Justice Department IMO, and did it while the *rest* of the US government was still paying them money ass over tea kettle to do it.
2) They're paying 'protection money', like insuring your store from the mob and an 'accidental' burning.
There's probably more I haven't thought of, and while I don't agree with their d
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I suspect that, like with Novell, the deal is that a struggling company takes a big pay-day from Microsoft without doing anything. I hereby dub my copy of Fedora 7 as Citizen of Earth's Linux Distribution, Release 1.0 and indicate to Microsoft that I am open to accepting $BOATLOADS from them in an 'interoperability' agreement.
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Why would this guy be disappointed. He knew the overall industry reaction when Novell entered into the agreement. He's simply making
to Debian developers (Score:2)
Completely inacurate (Score:5, Insightful)
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Let me fix that for you...
There, much better...
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Microsoft is the Dick Cheney of the computer industry (and/or Dick Cheney is the Microsoft of politics). There are as many Microsoft patents being violated by Linux as there are WMDs in Iraq. Trust the words of Microsoft at your peril.
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This guy has forgotten who the real engineers are (Score:5, Insightful)
You are using a tremendous amount of software your engineers didn't write. I'd say that inevitably, the authors of that software will dictate what you are doing. You and the customers are just enjoying the ride with their permission. Try to remember that the next time you throw dirt in their eyes--assuming you get that chance.
Oh, they will have another chance. (Score:2)
That's the nice thing about free software - everyone is always invited to the party.
GPL 3 is going to sink such deals, so the outcome is little more than noise and some M$ money in Xandros pockets. Sure I'm disappointed, but I'm not going to let it worry me.
So You Made a Deal... (Score:4, Interesting)
Especially when significant money is involved?
Are you competent to even run this company?
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Personally, if I could get Microsoft to sign something saying that would never sue me (for anything), I'd find the money somewhere to pay for it. In fact, if I can find someone who will give me a get out of jail free card for any major corporation, I could have a lot of fun
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How so? If I buy car insurance, I know what risks I am covering: collision, uninsured drivers, etc. If I buy house insurance, I know what risks I am covering: fire, flood, etc. If I buy "Microsoft insurance for Linux", what risks am I covering? Citing "un-specified patent violations" is not good enough, you cannot buy insurance for "unspecified threats", unless it is the mob coming by to compliment you on your car or house and how shameful it would be if something bad happened t
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i.e We won't lawyer up on you (break your knee caps) unless you pay us money... or at least until we want more money.
Protection Money (Score:4, Insightful)
The difference between insurance and protection money is that the insurance company isn't threatening to burn down your store.
Did Microsoft pay them too? (Score:1)
The only reason I can think of is if Microsoft paid them some big bucks like they did with Novell. If this is true then Microsoft appears to be willing to pay through the nose for a FUD campaign.
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Face it, this is the real face of Microsoft becoming manifest at last. Ignore any "Linux Evangelists" they hire.
you should be ashamed of yourselves (Score:2)
GCC (Score:2)
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The output of GCC is still not covered under the GPL, never has been, never will be.
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FSF/GNU own the copyright to GCC... They can do anything they want with it. Just like microsoft had at one time special wording in their Visual C++ license saying that you were not allowed to create a competitor to Word/Office with it.
--jeffk++
I never made any claims (Score:2)
"FSF/GNU own the copyright to GCC... They can do anything they want with it."
Well, yeah - that was exactly the point
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What color is the sky in your world? GCC is a mighty fine thing, but it's not remotely the only (or even the dominant) compiler out there.
"It would be interesting to see what happens when that one's license changes to GPL3."
Why? It won't effect programs compiled by it any more than the current license does. Even in your fantasy-land where GCC is a major player in commercial software development, it going to v3 wouldn't make any difference.
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GCC is however by far the dominant compiler in the Free Software world, and Linux is made of Free Software.
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It should be noted that the grandparent to your post said the "modern software world" is pretty much ruled by GCC. Not "Free" software. The modern software world.
Free software is by no means even the majority of the modern software world. By that token, GCC is nowhere close to ruling the modern software world.
In reality, GCC is basically a bit player in the modern software world. Granted, it's a ve
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Granted, there are a number of companies that sponsor open source projects and quite a few people that work on open source software in their off time (usually as a hobby, to learn a new skill/language, or to scratch their own itches), but I'd say they're heavily outweighed by the places that cre
Let's put pressure on MSFT to put up or shut up (Score:5, Informative)
http://digitaltippingpoint.com/wiki/index.php?tit
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While I do not claim to be in a position to definitely answer the question, "Does Microsoft have any misappropriated code anywhere in any of its products?" I am a former Microsoft employee (but not a Microsoft apologist; I didn't much care for it there, would not work there again, and am a Linux and Mac user, not a Windows user), and I would be pretty surprised if there is an misappropriated code.
To know why I think so, you have to u
Making friends with the crocodile. (Score:2)
TMBG quote FTW! (Score:2, Interesting)
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No Idea What They're Doing (Score:4, Insightful)
From TFA:
"We did not discuss patents [with Microsoft] and we don't think Linux violates any patents and we were not asked about it," Typaldos said. "It is a non-issue for us."
...then...
"Linux says it does not infringe on patents, Microsoft say otherwise. But customers say let me buy some insurance because if there are any flying sparks I don't want to be caught in the middle of that."
Typaldos says that was the genesis of Monday's deal with Microsoft that covered interoperability and IP licensing and included "covenants" to protect customers using Xandros software from any potential patent-infringement claims from Microsoft.
If Microsoft is running around shrieking about patents, and if your customers are demanding you do something because they are feeling vulnerable about patents, and then you strike a deal on that very issue - but don't talk about patents, then you don't know what the hell you're doing.
This chicanery hasn't yet hit a distro that I use, but it's a trend that really should stop.
Re:No Idea What They're Doing (Score:5, Insightful)
It bothers me too, but at the same time we're learning valuable lessons about who we can and cannot trust.
Everyone who signs one of these agreements with Microsoft simply goes on my "do not buy -- ever" list. And I would assume that many others are doing the same.
Making these deals now might help them retain or even attract certain specific customers, but in the long run when we are all looking back on this, we'll be avoiding those companies which knuckled under and kowtowed to Microsoft.
I went with Linux [originally] specifically to get away from Microsoft! It's become my refuge from their incompetence, and I refuse to help anyone who compromises that.
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job search (Score:2)
It doesn't matter what he is saying... (Score:2, Insightful)
...and that signal is: "Yes we do belive Linux is violating Microsoft's patents."
Do not sign those deals, Microsoft will kill you wheather you sign or not and you are giving them more ammo to kill you with.
This sucks. (Score:1)
Deals like this with MS seem to be suicide (Score:3, Interesting)
It looks as though they get whispered blandishments from MS that this will make them special and unique, and improve their attractiveness to their customers, but all I can see is that a lot of individuals and SMEs will automatically exclude them from consideration as a distro after the deal is inked.
An alternative interpretation is that the people who sign the deals stand to make $$$ from the deals, and they see that as better than being YALD (Yet Another Linux Distro).
I'm likely missing something, of course...
I'm *not* guilty! (Score:2)
Community: But.. [looks in a the report paper] why did you bought the judge flowers, then bribed her, then threatened her if "she doesn't behave"?
Defendant: Have you seen her? She's a very hot chick. I just totally dig her. It's got nothing to do with my case. I mean, we all like a hot chick. You gays or something? I'm disappointed.
You're all aiming for the WRONG TARGET (Score:2, Insightful)
So, where are the details of the letters you're all sending to your Senators / Congress-people? (You ARE sending them aren't you???) Where is the campaign to change the law? If you lot spent half the time trying to amend le
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Microsoft fail patent legitimacy?That unpossible! (Score:1)
I am starting to suspect... (Score:1)
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I assume you meant GPL code, rather than GNU code, as GNU is a set of tools, rather than a copyright license. That aside, five dollars to man who finds me some GPL'd code in any Microsoft product not licensed under the GPL.
As far as BSD code...so what? It's perfectly legal to take BSD code and put it in a closed-source commercial application. They did just that, but can you blame them? If the code is good, why not include it? That was the spirit in which the BS
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i can't wait for linuxworld... (Score:3, Informative)
George Selden would have enjoyed this (Score:2)
And in response (Score:2, Funny)
Is Xandros the alien that Scientologists worship? (Score:3, Funny)
OT: "Xandros" != "Xenu" (Score:2)
However, it is interesting to note the methods used by Microsoft seem to match what L. Ron Hubbard said was the way to deal with critics of Scientology. First off, you accuse them of various crimes or violations. Then, when accused, one announces publicly that they welcome an investigation of their critics.
So, to hammer the comparison home with a tac-nuke, Microsoft accuses various Lin
One Day They Came... (Score:3, Interesting)
First they came and they took Novell
And I said nothing because I did not use SuSE
Then one day they came and they took the people of the Xandros faith
And I said nothing because I had no faith left
One day they came and they took LG Electronics
And I said nothing because I had no Xbox
One day they burned Open Office.org
And I said nothing because I was born to use Emacs
Then one day they came and they took me
And I could say nothing because I was as guilty as they were
For not speaking out and saying that all men have a right to freedom
On any land
I was as guilty of genocide
As you
All of you
For you know when a man is free
And when to set him free from his slavery
So I charge you all with genocide
The same as I
One of the 18 million dead Jews
18 million dead people
-- from Charles Mingus, after Martin Niemöller
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GPL 3.0 does *not* prevent these types of deals (Score:3, Informative)
no suprise (Score:2, Interesting)
Goodbye Xandros! (Score:3)
This is good for Linux and Computing in general. (Score:2)
When the moral decay and corruption breaks through the glossy corporate veneer, we finally have to address what they really are, this is a good thing!
Your still a sell out. (Score:2)
Just how can I be Linux locked in? Their all free. If I don't like one I wipe it out download another distro and load it. Yes where I work as Senior Engineer of a data center we use only one dis
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Changing the GPL is the only defense available to the community. Bes
Re:hmm (Score:4, Interesting)
Well, I've not been following this whole thing very closely, but I do recall seeing the frequent complaint that Microsoft refuses to identify which patents are being infringed upon. Given that Microsoft probably holds thousands upon thousands of patents, I expect that it's not reasonable to expect the Linux community to proactively slog through them all and make sure all violations are corrected.
If I understand correctly, at least part of the burden is on Microsoft to defend their patents. I'm sure if they provided a list of the violations, the community would take care of the violations. It just seems to me that not releasing the list means either (1) there's not really any substantial violations, or (2) Microsoft just wants the spectre of patent infringement hanging over Linux as long as possible. Or maybe a little of both.
Just my uninformed two cents, though...take it with a block of salt.
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- how many patents does MS have? or how/where to find out? can they be electronically leached somehow?
- how easy are they to turn from legalease technojumbo to english?
- what kind of effort it might take to review each one?
Maybe an MS patent wiki is in order.
Start with (hopefully) an automated dump of all patents into a wiki of some sort where people can read them, and link to prior art, and/or state whether this might be in us
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It's an excellent idea in some ways. Not too hard to find Microsoft's patents:
Search Results for microsoft
Results 1 - 70 of 23926 (0.27 seconds)
http://www.patentstorm.us/patents/search-results.h tml?search=microsoft&imageField2.x=11&imageField2. y=15 [patentstorm.us]
The problem is that with these agreements Microsoft is creating an interlocking mesh of agreements intended to prevent newcomers entering the market and to stifle small players. For a patent-invalidating wiki to succeed, you'd also need to go after Microsoft's partners - Novell, Xandros, LG, etc etc
It
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And you have the list of these patents that are contained in GNU/Linux so that we can remove said code.
Or baring that do you have the Microsoft source codes so that we can look them over and find the infrigments ourselves.
I thought not.
How do we find out if linux violates a ms patent? (Score:2)
Are you aware of msft's history and reputaion? (Score:4, Informative)
Msft is funding the scox-scam, stold stacker technology, hires bloggers to post msft propaganda, hires shill journalists like Enderle, files dozens - if not hundreds - of bogus patents, and creates fake think-tanks. Msft is currently running a enormous fud campain against ODF - and ruined the career of Peter Quinn along the way. Msft has been caught secretly sponsoring fake TCO studies, and fake benchmarking studies.
Not to mention tax scams and racketeering.
Msft astroturfing:
http://lxer.com/module/forums/t/24514/ [lxer.com]
Fake TCO:
http://os.newsforge.com/print.pl?sid=05/06/23/202
Microsoft Tax Scam
http://multinationalmonitor.org/hyper/mm1297.08.h
Bestbuy rackteering
http://consumerist.com/consumer/lawsuits/best-buy