Linux Patent Infringement Lawsuit Filed Against Red Hat/Novell

walterbyrd writes "Just months after the last nail in SCO's case, and on the same day as Red Hat's brave words about patent intimidation, a company filed the first patent suit against the Linux operating system. IP Innovation LLC filed the claim against Red Hat and Novell over U.S. Patent No. 5,072,412. PJ points out there is prior art here: 'You might recall the patent was used in litigation against Apple in April 2007, and Beta News reported at the time that it's a 1991 Xerox PARC patent. But Ars Technica provided the detail that it references earlier patents going back to 1984.'"

Re:Extra! Extra! Read all about it

[russ1337]

SCO II has arrived.

*PFFFFT*: is the sound of me opening first can of beer while I sit back, feet up, chicken wings at the ready, to watch the action.

This is a game of two halves and four quarters right? Hope they stop for some entertainment mid-trial.

Re:Interesting.

[qortra]

It is exactly like that. Except that Microsoft has deep pockets and would be a perfectly suitable candidate.

Patent troll rule #1: Go after the deep pockets.
Patent troll rule #2: Go after the high profile lawsuit. When more notable companies get sued, you get more press, and therefore more respectability when you enter the negotiating table (their bread and butter is settlements).

It should be noted, however, that a very decent amount of Gnome development goes on at Novell, so that target isn't so badly chosen anyway.

Gnomes vs Trolls; how cool is this?

Re:Start of a patent war?

[jimicus]

M.A.D. is simply a fancy acronym for an idea which has been around for years, and it faces the same problems today as it always did.

Edmund Blackadder summed it up beautifully:

Edmund: You see, Baldrick, in order to prevent war in Europe, two superblocs
        developed: us, the French and the Russians on one side, and the
        Germans and Austro-Hungary on the other. The idea was to have two
        vast opposing armies, each acting as the other's deterrent. That way
        there could never be a war.

Baldrick: But this is a sort of a war, isn't it, sir?

Edmund: Yes, that's right. You see, there was a tiny flaw in the plan.

George: What was that, sir?

Edmund: It was bollocks.

Re:Whether we like it or not....

[aichpvee]

I like it!

Re:"...filled against Linux"

[hal9000(jr)]

I guess we'll all have to go back to the command line then.

But would it apply to screen? lol

Reading over some of those patents...

[lowlymarine]

...I'm off to patent a system in which you use a circuit board covered with lettered tiles that complete circuits to input data into a PC. But it's totally not the same as the keyboard! Until, of course, I want to sue the people who make keyboards for infringing on my patent. Next up: a clear, tasteless liquid composed of hydrogen and oxygen atoms in a 2-to-1 ratio...I'll see you in court, God!

Re:"...filled against Linux"

[Ticklemonster]

FINALLY, a reason to use Linux and feel like you're getting away with something! If this doesn't cause an incredible increase in the community, then nothing will. "Hey, run Linux, dude, it's got illegal stuff in it". (he said, jokingly) (he said in order to fend off the inevitable trolls calling him a troll) (he said, knowing it wouldn't do any good)

Something funny going on here

[KlomDark]

Note that in the filing they name the products as "RedHat Linux", and for the two Novell products, they spell it "Linex". Almost like they are giving Novell a way out on a legal technicality. People have gotten out of speeding tickets over a mispelled name before, so why not here?

"I'm sorry your honor, but we do not produce a product called Linex. We do however have a product called Linux"

"Case dismissed!"

Re:"...filled against Linux"

[J0nne]

/me installs links

Perhaps you mean Lynx. (The text-based browser, not the arctic cat.)

No, I don't [wikipedia.org]. And elinks would be an even better candidate.

Re:Interesting.

[orclevegam]

Gnomes vs Trolls; how cool is this?

Thanks, thanks for ruining this for me. I was all gung-ho to see some patent trolls get beat down when you had to make the other party Gnomes. Much as I hate Trolls of all kinds, I loath Gnomes. They're just so punt-able you can't help but want to kick them.

Re:Interesting.

[qortra]

I loath Gnomes [...] you can't help but want to kick them

Apparently, IP Innovation LLC feels the same way.

Re:"...filled against Linux"

[maelstrom]

Dude, did you really need to run that as root? You're making me nervous here.

Re:"...filled against Linux"

[trolltalk.com]

"ALL companies have ex-Microsofties on the payroll, with some recent hires. Microsoft is the largest software company in the world. Go ahead, ask around. I'll bet you have a former Microsoft employee on your team! :)"

None here. If there were, I'd be making their life miserable.

Re:"...filled against Linux"

[empaler]

I would, too, if I were you. He did it on your box.

Re:Its about time!

[Seraphim_72]

seems to be the very model of a patent troll company

I am the very model of a modern patent troll company,
I've information that I will hold for law suits that are dear to me,
I know the kings of software, and I sue them quite hysterical
From IBM to Red Hat , in order oh most technical;
I'm very well acquainted, too, with matters about the SCO law suit,
I understand the law, both the simple and the theoretical,
About collecting payment I'm teeming with a lot o' news,
With many cheerful facts about the demise of software use.