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March 25, 2008 5:13 PM PDT

Microsoft to open-source fans: It's all about the love

by Charles Cooper

SAN FRANCISCO--The advance billing had the audience assuming Daniel was about to enter the lions' den. What they got was more along the lines of Mister Rogers talks tech.

Brad Smith, who is Microsoft's top lawyer, went out of his way during an afternoon talk before a gathering of open-source die-hards to portray the software company as ready to turn a page in its relationship with the developer community.

Microsoft's Brad Smith, singing a love song to open source.

(Credit: Charles Cooper)

"Two engineers in a room can solve a problem a lot better than 1,000 lawyers," he told a packed ballroom of open-source enthusiasts and executives here, adding that the company wanted "conversation and dialogue."

"We believe in the importance of building a bridge that makes it possible for different parts of the industry to work together," Smith said. "We believe in a bridge that is scalable, that is workable, that is affordable...that's a hard bridge to build. But I will say this--today more than ever that is a bridge we very much need to build."

At another point in his keynote speech at the Open Source Business Conference on Tuesday, Smith said that Microsoft appreciated "the important role that open-source software plays in this industry" and complimented creators of open-source software for their passion. "That's not what you always heard from us and I recognize that."

"We all do software," he continued. "We are all part of the same industry--all part of the same industry that has many diverse parts to it."

But despite his conciliatory tone, Smith is no shrinking violet when it comes to protecting his company's intellectual property. Last year, he told Fortune magazine that free and open-source software violated 235 Microsoft patents. At the time, he told Fortune that the Linux kernel violates 42 Microsoft patents, while its user interface and other design elements infringe on a further 65. OpenOffice.org is accused of infringing 45, along with 83 more in other free and open-source programs, according to the interview in Fortune.

So what's changed in the intervening 10 months? Well, a lot.

Specifically, open-source software is now deeply entrenched in the computing industry and many of Microsoft's customers use open-source software widely. Still, Microsoft came to town intent on sending a message. Earlier in the day, Sam Ramji, who is Microsoft's "Director of Open Source & Linux strategy," was all smiles and full of kumbaya as he participated in a panel with three other open-source executives.

In a later Q&A onstage, Smith allowed that Microsoft was treading on delicate ground--especially on the topic of patents. He acknowledged the differences and sought to undercut any appearance of confrontation.

"We live on both sides of the patent fence every day. We have more patent lawsuits than any company in our industry," he said. "And yet we still believe in the benefits and value of a well-functioning patent system."

In February, Microsoft tried to smooth its relationship with the open-source world. Microsoft now shares communication protocols governing how its software products communicate. Microsoft also pledged not to sue open-source programmers for developing software that uses those interfaces. What's more, the company has developed what it calls an Open Source Interoperability Initiative to improve how open-source software works with its own products.

"It would be a mistake for any one of us to say that the last word has been written on any of this," Smith said.

James Bottomley, the CTO of Steeleye Technology, who was onstage with Smith questioned how Microsoft intended to square its desire to work with the open-source community, given the two sharply different business models.

Smith answered that it would be on a "project-by-project basis."

"I can't give you an answer saying here's a blank check--where do I sign," he said. "We are moving. I recognize that contributing in a variety of ways is part of the equation."

Smith didn't climb to the top of his profession at the world's largest software company by accident, and his formidable skill was on display as he guided through an assortment of audience questions--some teasing, some flip, some downright hostile--and finished the session on a note of mutual recognition.

"Ultimately, people are not caricatures. They get up in the morning. They get smarter. The industry evolves," he said. "And you want that. You don't want people to have to live with the caricatures and stay with those caricatures."

Charles Cooper has covered technology and business for more than 25 years. Before joining CNET News, he worked at the Associated Press, Computer & Software News, Computer Shopper, PC Week, and ZDNet. E-mail Charlie.
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by jeromatron March 25, 2008 8:10 PM PDT
Please remember and include in articles that their pledge not to sue open-source programmers is very narrowly defined. I believe it is something like open-source programmers who do not work on commercial software. Well, where is that line in the open-source world? So that includes a couple of projects on sourceforge or something? It's nice that they're becoming more realistic about the situation, but like he said, this is not the last word on the subject.
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by mojojam March 25, 2008 9:00 PM PDT
I think Microsoft is living up to the phrase "keep your friends close but your enemies closer."

In the article linked in this story it stated "Microsoft said that it will not sue open-source developers who create non-commercial software based on Microsoft's protocols."

If the non-commercial software is popular and innovative enough, I wouldn't be surprised if Microsoft implemented some new Microsoft feature (and along the way got some new patents with it) that are remarkably similar to the non-commercial software developed.
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by AppleSuxLeo March 25, 2008 10:30 PM PDT
I fully agree. After all , MSFT will buy Yahoo , and it is well known that Yahoo uses primarily open-source. I think they thought this through long ago knowing it would make the integration of Yahoo easier. Apple on the other hand is the most closed off proprietary entity period. Kudos to MSFT.
Reply to this comment
by Dalkorian March 26, 2008 9:49 AM PDT
Apple is the most closed off proprietary entity? Can I have some of what you're smoking? Here's a short list of all the "closed off" software that lurks in OSX:
Darwin
BerkeleyDB
MySQL
OpenLDAP
OpenSSL & OpenSSH
X11
Apache
gcc
Perl
Python
Ruby

In short, I guess you missed this article:
http://www.cnet.com/8301-13505_1-9814696-16.html

Trying to claim anything is more closed off that M$ is just being silly.
by kojacked March 25, 2008 11:09 PM PDT
With Ray running the show now at Microsoft things are going to be quite a bit different. Microsoft may stumble a bit getting the whole "opening up" thing right but they will get there -- despite the naysayers who will always put Microsoft in a bad light now matter what they do.

Tech is much more broadly known, understood, and used by the general populous now. Nintendo showed what a little innovation can do to open up a whole new audience for their products. Microsoft can do the same but it will take time.

While the naysayers may look at things like opening up the interoperability specs with their major apps, putting Flash on Windows Mobile, Silverlight, and providing contacts interoperability between IM and 3rd party social networking sites are nothing more than some dirty tricks Microsoft is trying to pull I believe they are all real examples of the new Microsoft. Apple is quickly eclipsing all of the bad the Microsoft was (or the extreme evil that some people would like us to believe). Now if they'd only get popular enough for the virus writers and scammers to want to exploit then they're rise to the role of evil company would be complete.
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by AppleSuxLeo March 25, 2008 11:13 PM PDT
The iPhone is somewhat popular and runs stripped down OSX and it is already being attacked. The code base written in 1969 by Bell Labs is starting to show it`s age. I love it !
by huddie klein March 26, 2008 3:54 AM PDT
MS can't beat OS so MS joins OS? That's all I think.
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by Jon N. March 26, 2008 4:18 AM PDT
Amazing. First M$ wants to attempt to sue Open Source into FUD, and now it's trying to sing love songs and write odes to it. It's better said, "Proprietary software is obsolete. Windows is obsolete. Open Source is the future of computing software. Microsoft, you will lower your shields and surrender. We are Open Source. We will add your technological and innovative distinctiveness to our own. You will sign the Gnu G.P.L., and open up all of your proprietary Windows code to us. From this day forward, you will service us.
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by Linux Now March 26, 2008 7:41 AM PDT
Now ain't that sweet? The joyboyz from Redmond now want to kiss and make up, offering a gentle invitation to break bread and sit around the campfire with them singing "Kumbaya".

The only problem, of course, is that the leopard never changes his spots, and lurks just outside the light of the campfire, patiently watching, waiting ....
Reply to this comment
by tfosorcim March 26, 2008 8:26 AM PDT
Just posted this on Information Week re the same story; would like to share with all you c|net readers [edited very slightly to include c|net info):

Microsoft have demonstrated time and again (read "for years and years") that they're liars.
Why was Microsoft even allowed access to the building? Hopefully, it was only for the entertainment value they brought to the party; but, unfortunately, as you've no doubt read between the lines, Mr. Smith used this forum to very subtly threaten the Open Source community and effort.
You're protected by the GPL, people. Keep doing what you're doing, and relegate all the MicroSITHs (that's MicroSoft-In-The-Heads, for all you Redmond flag-wavers) to talking to themselves, which is pretty much what they're starting to do, anyway.
Don't even dignify Microsoft's lies about wanting to change their attitude by inviting ANY of them to any of your meetings, of any kind. Ever.
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by aintnorainbowdorothy March 26, 2008 8:34 AM PDT
Oh well, more comments from fanboys. I'm no fan of any type. I own an Apple, and boy do they have a closed system. Even reverse engineering is harder than doing it to Microsoft and anything Linux is so easy it's laughable. I wonder why RedHat is in business. They give away some code, then charge a pretty penny to fix it when it gets broken, either by someone or a computer. And when they add code they charge to implement it on a users computer. And what about all the Open Source patents? They do exist, but I wonder why. If the source code, the kernel and so on is open, then why does a patent exist? Microsoft has patents, Apple has patents, IBM, which claims to be Open Source has patents, Sun has them, Oracle, Novell, and I could keep naming companies that have patents, but Linux and Open Source fanboys will just poo-poo that facet of Open Source. Come on folks, at least give Microsoft some credit for trying.
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by gnu_fan March 26, 2008 9:47 AM PDT
For those who commented on how closed apples system is have you looked at the open darwin project? http://www.opensource.apple.com/darwinsource/10.5.2/. I am also pretty sure MS never released the source code to their kernel http://kernel.macosforge.org/
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by dryicezero March 26, 2008 10:40 AM PDT
As a Linux junkie, I am slightly reluctant to return Microsoft's seeming embrace of the open-source world. At the same time, as an educated member of the technical community, I support any attempt for the two worlds to share and grow together. I am hesitant but optimistic and hopeful. It would be great to accomplish true cross-platform compatibility like we've never seen before. I have more tech related stuff at my blog: SMB Tech Advice
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by Trueash March 27, 2008 2:44 AM PDT
Embrace... I'd say, co-opt. "If you can't beat'em, join and lead'em". Old and tested Communist party practice.
by jbATuberpulse.com March 26, 2008 2:35 PM PDT
I posted an audio recording of the keynote on my blog for anyone who might be interested in listening Brad Smith: http://www.uberpulse.com/us/2008/03/osbc_open_source_a_bridge_too_far_for_microsoft_podcast.php
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by t8 March 26, 2008 5:00 PM PDT
<quote>"It would be a mistake for any one of us to say that the last word has been written on any of this," Smith said.</quote>

Yeah that is right. Famous last words will be "sue them all".
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About Coop's Corner

Charles Cooper has covered technology and business for more than 25 years. A graduate of Queens College and Columbia University, Cooper received the Excellence in Journalism award from the Northern California branch of the Society for Professional Journalists for column writing.

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