Open Invention Network Calls Out Microsoft 95
Stony Stevenson writes with news that the head of the Open Invention Network has summarily dismissed Microsoft's claims that Linux violates a number of its patents. Calling the move 'clear FUD', Jerry Rosenthal calls them out by asking for Microsoft to disclose the patents they are worried about. His argument is that if the patents are something to be proud of, if the software giant feels they're sure to succeed in court, there's no need for behind-the-hand namecalling. "Rosenthal believes that, if there are grounds for patent infringement, there would either be easy workarounds or the open source community would find 'prior art' which would invalidate the patent. OIN buys patents on the open market and makes them available to companies royalty free, so long as those companies pledge never to use their own patents to attack open source code.The organisation was set up by IBM, NEC, Novell, Philips, Red Hat and Sony and has a war chest of millions of dollars."
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The OIN is a redundant outfit... (Score:4, Interesting)
from their site:
Re:The OIN is a redundant outfit... (Score:4, Insightful)
The GPL (and thus the FSF) uses the copyright system to protect software freedom. The OIN apparently using the patent system to protect software freedom. There will be some overlap here, but using 2 different systems to protect the same thing isn't wasteful, it's security. Especially with such an unpredictable system. (Could anyone here have predicted the 1-click patent?)
BTW, Copyright, the basis for the GPL, is also Intellectual Property. If IP really didn't exist, neither would the GPL.
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Imagine how boring it would be watching a bunch of guys standing around in the field scratching themselves and spitting.
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BTW, Copyright, the basis for the GPL, is also Intellectual Property. If IP really didn't exist, neither would the GPL.
This is wrong at several levels. The FSF is very clear in its view that Copyright is NOT Intellectua
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http://www.wipo.int/about-ip/en/ [wipo.int]
Here's a little sample, emphasis is mine:
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The fact that the FSF and/or RMS claims that copyright is not Intellectual Property does not change the fact that copyright is a type of intellectual property.
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Snuffleupagus says hi! (Score:5, Informative)
"Intellectual property" is a misleading portmanteau of completely separate branches of law: trademarks, copyrights and patents. But the OIN despite the badly worded mission statement concentrates on patents. Specifically its a defensive patent pool (with contributions from Red Hat, Sun, Novell, IBM and others) which can be licensed by any company agreeing not to use its own patents in aggressive lawsuits against pool members.
Currently the three largest licensess are Google, Barracuda and Sun.
David Wheeler has a good overview here [dwheeler.com]
Given the current lamentable state of the patent system the OIN is probably the only way in which some sanity can be established. It must be awkward to be Novell right now having endorsed the OIN on one hand, and also endorsed the existence of Microsoft's Snuffleupagus [wikipedia.org] Patents.
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Ballmer (Score:5, Insightful)
And that study may or may not be accurate, but Microsoft has no idea. They haven't gone through the code, it's just a bunch of hot air. Hope this doesn't stir up the water and get them looking.
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Links:
The original study [slashdot.org]
The Ballmer threat [slashdot.org]
I swear people here have such a short memory.
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SGI (Score:2)
The question is how bad will be their fall? Will it be like IBM and Apple, who emerged with new life and remade themselves? Or will it be like SGI or Commodore?
Unlike Commodore which died SGI has changed their focus. SGI now builds High Performance [eweek.com] and supercomputers [itjungle.com]. Here's an article on CNN Money about SGI, Marking First 25 Years, SGI Highlights How Its Customers Have Changed the World [cnn.com].
Falcon
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Amiga and SGI (Score:2)
Yeah, and the Amiga is still alive too, holding the torch of the Commodore generation.
The Amiga was my fav computer/OS. Commodore did almost nothing to market it unfortunately. And the thing is is the Amiga not only ran Workbench, the Amiga OS, but also was able to run both MS DOS and Windows 3.x as well as MacOS. Watching a then current Amiga and Mac running side by side years ago the Amiga ran Mac OS faster than the Mac did. I bought my first new PC right after Gateway bought the Amiga resources f
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The official SGI press release [sgi.com]
They are a sad shell of the mighty graphics workstation company they once were.
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SGI bankruptcy is mentioned in the second paragraph of the entry on wikipedia
Yea, I see. No wonder I hadn't heard of it, wiki says it filed for Chapter 11 bankruptcy on 8 May 2006. Other than a few months ago when I read how they had sold some high performance and supercomputer, I hadn't heard about them since oh the late '90s. The past few years I haven't been following the industry much, basically just Macs.
Because of the problems I've had with Windows PCs and MS wants to treat it's users as crimi
MS profitting off of Linux (Score:2)
the only reason that they made a deal with Novell is to make money off the people who wanted an enterprise Linux solution, so that MS can make money from Open Source.
I don't think the MS deal with Novell had anything to do with trying to make a profit off of Linux. MS could have easily made money off of Linux by selling a version of MS Office for Linux. If MS had created such a version 7 years ago I doubt Open Office would have gained as big, and getting bigger, a share of office suites. There was som
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MS software for Macs (Score:2)
about the only reason I think they made office for Mac OS was to get some slack from the monopoly law suits
MS had software for Macs before they ever came out with Windows. Up until the 1990s Apple's share of the market was big, not as big as Windows' share is now but it was big. In education the market share Apple had was about 50%. Back then Apple was smart about the educational market, they offered an educational discount of about 50%. But they lowered the discount in the '90s. It's barely 10% now
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And that study may or may not be accurate, but Microsoft has no idea. They haven't gone through the code, it's just a bunch of hot air. Hope this doesn't stir up the water and get them looking.
Actually I'd prefer Microsoft had to prove Linux, and OO, violates MS patents. Then when they can't everyone will know exactly what MS is doing, spreading FUD. If I were someone like Linus and had the money I'd sue MS to prove Linux uses any MS patents.
FalconJune '07 called... (Score:2, Redundant)
I thought Microsoft had already shut up about this for now?
Shutting up isn't enough. (Score:2)
We want them to admit that they were lying, publicly.
That, or if there really are patent claims, show us what they are.
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Dude, you're an such an excellent dancer [google.com].
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Of course, they only have to.
Which is a bit like the Corombite Maneuver [wikipedia.org]. It doesn't matter that Microsoft doesn't have a single patent, it matters that people think they do.
First, they're not real. Don't you think Microsoft would've been happy to nam
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When the day comes that some of these patents are real (assuming any are) are you going to dig into your checkbook and pay the hundreds of millions in damages?
First, they're not real. Don't you think Microsoft would've been happy to name them, if they are?
Microsoft can't name the patents Linux and OO violates because MS didn't conduct or higher someone else to conduct the study. The study Ballmer and the rest of MS says Linux and OO violates MS patents was done by Public Patent Foundation [pubpat.org] for Op [osriskmanagement.com]
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Given the brilliance of this, I'm not even going to bother the rest of your post. FYI, a class action lawsuit requires that the class be the plaintiff. Not the defendant. Microsoft won't be suing a class if they choose to sue.
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Yes, Microsoft would sue me, an individual. And then I'd go on Slashdot with my evidence, get people to donate to my Paypal, and pool resources with other individuals they'd sued.
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So, why don't you spine up. Form a company selling a fairly complete distro, say a respin of Redhat, and preemptively sue Microsoft for damaging your business with their false claims of patent infringets.
If I had the money I'd do just this, file a lawsuit requesting they show what patents Linux AND Open Office violates or stop the liable and slander. Unfortunately not only do I not have the money but being on disability I'm not even employed.
FalconJoke story? (Score:1)
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Re:Levitation machine (Score:2)
I do not know. I have a major conflict about one aspect. It's like trying to create levitation by buttering the back of a cat and throwing it off the balcony. It can never land because cats always land feet first/buttered side down. With that in mind, the problem is SONY... Evil rootkit drm RIAA member/good supports open source anti-litigation.. I think my head is going to explode. I think I just figured it out.. S
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Sadly, this too won't make a difference. (Score:4, Insightful)
One more voice, this of an open (and therefore enemy) patent organization calls out the FUD.
Didn't matter then, doesn't matter now. Microsoft won't budge from their desire to continue to illegally dominate the marketplace, just as they have done for a dozen years.
I'd like to say it might make a difference, and it will to some-- but not Microsoft. People don't get that they believe that they're autonomous and above the law, fighting each thing until the very most bitter end. And what's going to change now?
Sadly, nothing. And they'll get worse after Craig Mundie becomes entrenched.
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Didn't matter then, doesn't matter now.
It does matter. By continuing to challenge Microsoft on their FUD, the OIS is establishing a non-presumptive laches defense.
Establishing good faith (asking to be told of infringements in order to comply)is one of the key steps of the defense. It will make it MUCH harder for Microsoft to claim damages from patent infringement.
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One more voice, this of an open (and therefore enemy) patent organization calls out the FUD.
If MS thought its patents to be valuable, then why wouldn't it disclose the alleged infringements, and put a stop to them? After all, isn't open source "violating" its "valuable" "intellectual property"? If it considered that all of its patents were valuable, why wouldn't they go through their portfolio with a fine tooth comb to see what other infringements there may be? One can only presume that MS doesn't think
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In a hilarious sort of way, Microsoft's been acting like Teddy Roosevelt by "walking softly and carrying a big stick". Once they have to whack with that stick, much hell breaks loose.
Let's see, Microsoft's current winner/loser list is impressive. And their cash position is still enormous, even without paying those pesky biters in the EU their due.
Save your breath (Score:5, Insightful)
Re:Save your breath (Score:4, Informative)
"Eventually" is the sticking point. I don't know how long the period is, but it's measured in years, but I believe fewer than 5 of them. (I'm not sure that courts have ever decided on a particular number...so in egregious cases it could be shorter...or longer.)
This implies that if MS knows about the patent violation and neither acts to cure it nor enables others to cure it, then it is in danger of losing the right to sue. (Well, not actually to sue, but to win.) I think this is called the doctrine of latches.
Caution: IANAL.
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Under the concept of Laches & Equitiability, MS can sue, but they can't get any money. IE.
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I'm pretty sure you can only lose rights to sue for not enforcing Trademarks, not patents. If you can find any evidence to the contrary, please post it.
Thanks to another poster I found this:
" *11 The doctrine of latches [ipmall.info], meaning undue delay in claiming one's rights, may result in loss of those rights. In this case the loss may be the right to a priority date, or the right to a patent."
If Microsoft takes too long to enforce it's patent rights it loses those rights. What I don't understand is that be
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Up to a point. If you know of the infringement and do nothing (they admitted knowing), after a while it becomes un-enforceable much like not protecting a trademark.
You could be right. Here's why not sue: (Score:2)
The prevailing wisdom on Slashdot has so far been: "Linux (software in Linux distros) doesn't violate any MS patents, because Ballmer doesn't know what he's talking about. If Microsoft knew of patents, why wouldn't they sue? If we ask Microsoft what patents, and they don't tell us, then even if they do hold violated patents, they can't sue us later on." There are a few flaws in this.
I agree with parent poster that if
patent right enforcement (Score:2)
However, here's the important thing: to take advantage of their patents, Microsoft does not need to sue.
According to Doctrine of Latches [ipmall.info] Microsoft eventually has to enforce it's patent rights or it loses them.
Can you imagine the havoc this can still wreak despite no past damages? Some ingrained system is distributed with Linux, and then a few years after some major corporations have settled on using it, Microsoft jumps out and says, "Okay, fine, you don't have to pay retroactively since you didn't know
why should MS show patents violated? (Score:2)
If I'm Microsoft and I think I have patents that Linux infringes upon, why would I want to specify which ones?
Because somebody with the resources can sue Microsoft. If I had the money I could start a business selling products, Linux and Open Office, that MS says violates MS patents. I could then sue MS requesting they show what patents I am violating or pay damages for the libel and slander MS spreads.
FalconTwo chicks and a rope (Score:4, Funny)
If this picture is meant to illustrate the fight between Linux and Microsoft, I want to be in the middle! Yeah!
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http://backoffice.ajb.com.au/images/news/challenge.jpg [ajb.com.au]
As for the photo... It does look like ice or snow, but I think it's probably the salt flats.
http://www.utah.com/playgrounds/bonneville_salt.htm [utah.com]
It's an interesting pic, anyhow.
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Great strategy.
Uhhh yeah. Great "example" (Score:5, Insightful)
What a bogus, unsupported allegation. Either cite a violation or clam up. Oh! wait, here's one:
As an example, VideoLan admits that their VLC player runs afoul of mpegla patents
VLC is not packaged by either the Fedora Project, or by Red Hat, with the codecs which may/may not be infringing. Looks like your "deep down truths" are not so truthful.
But big companies like Red Hat *can* pay the necessary patent fees, and they shouldn't be getting a free ride.
Red Hat does not infringe any patents. So it's not getting any free ride. Furthermore it has to waste resources on legal counsel instead of coders in order to help in the creation, defense and maintenance of the Open Invention Network. (The legal counsel are excellent and do a good job. Mark Webbink especially seems like a top-notch guy).
Anyway, you're full of it. You can't even cite ONE, not ONE actual instance of patent infringement and neither can Microsoft because it doesn't exist.
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Then again, Neither
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When did this mythical slander that you are referring to occur?
A spy (Score:5, Funny)
The list of organizations reminds me of this pic: http://www.siliconhell.com/Images/Mad%20Cat/images/humour/spy.jpg [siliconhell.com]
Why Microsoft can't sue directly (Score:5, Interesting)
Often in a patent litigation case, there is an immediate countersuit by the opposing IP property owner as often there is many shared technologies in a complex project. The more complex a project is, the more likely someone else's patents have been inadvertently used in the project. In this case, MS code would be laid bare like Linux was in the SCO case. MS can't have the source code on the table for inspection. They know they are in possession of much prior art and many other patents, much of which they have no cross IP deals for. Closed source hides much of this behind the scenes. Because Microsoft has to keep it this way, they can't risk the counter suit. The SCO was a front for the attack Microsoft is unable to do in the open.
Microsoft would not survive the countersuit without severe damage.
This article is simply calling them on their veiled threats to put up or shut up. You may have the patents, but since you are not going to do anything about them, shut up already.
The only time to watch out for Microsoft is when Linux overtakes Windows and Open Office overtakes Microsoft Office. In other words, when they have nothing left and need a Hail-Mary play like SCO.
Remember the big deal with a trash can in Windows? MS knows it is not ready to scrap Windows and start from scratch.
http://en.wikipedia.org/wiki/Apple_v._Microsoft [wikipedia.org]
Even tabbed browsing in IE7 is at risk if they move on this.
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I am sure if they could, they would have jumped on that long ago, but can't because they would have problems with much of network authentication, encryption, tabbed browsing, photo editing, and many other as
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Is sudo one of the patent infringements? (Score:1)
The original developers of Unix should have anticipated that over a quarter century later M$ would have patented their technology and should have used a workaround instead to avoid infringing the future patent.
Shame! Shame!
I fear... (Score:2)
We're all fairly certain which of the two is riding rectally impaled on the other's forearm.
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SCO did show its lines of code to the court. As it was put on Groklaw in the post 10 Myths About Open Source Software Answered, by Carlo Daffara [groklaw.net]:
How low can they go? (Score:1)
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Anyone in the tech industry probably as once you get past the marketing face of Microsoft, it becomes pretty obvious, pretty quickly that this is basically how they have always done business. For example, see Wikipedia's entry on Altair BASIC [wikipedia.org]:
Vista launch, drive up the sales (Score:2)
So Steve comes out with his patent FUD to make sure his customers don't think about switching operating systems.