May 13, 2007 7:35 PM PDT

Report: Microsoft says open source violates 235 patents

Microsoft claims that free and open-source software violates 235 of its patents, according to a magazine report published Sunday.

In an interview with Fortune, Microsoft top lawyer Brad Smith alleges 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 Fortune.

It is not entirely clear how Microsoft might proceed in enforcing these patents, but the company has been encouraging large tech companies that depend on Linux to ink patent deals, starting with its controversial pact with Novell last November. Microsoft has also cited Linux protection playing a role in recent patent swap deals with Samsung and Fuji Xerox. Microsoft has also had discussions but not reached a deal with Red Hat, as noted in the Fortune article.

Microsoft CEO Steve Ballmer is also quoted in the article as saying Microsoft's open-source competitors need to "play by the same rules as the rest of the business."

"What's fair is fair," Ballmer told Fortune. "We live in a world where we honor, and support the honoring of, intellectual property."

The story notes that some big tech proponents of open source have been stockpiling intellectual property as part of the Open Invention Network, set up in 2005 by folks like Sony, Red Hat, IBM, NEC and Philips. The article surmises that if Microsoft were to go after open source, these companies' combined know-how might give it some patent weapons to go after Windows.

A Microsoft representative did not immediately respond to an e-mail seeking comment.

Given how deeply entrenched open-source software has become in the computing industry, taking direct legal action against the open-source realm would be a complicated, hackle-raising undertaking for Microsoft. Customers use open-source software widely, and many major computing companies--IBM, Dell, Sun Microsystems, Hewlett-Packard, Motorola and Oracle, for example--support Linux work directly.

It's not the first time that open-source patent concerns have arisen. A 2004 study by a Open Source Risk Management, a company selling insurance against risks of using open-source software, concluded that Linux could violate at least 283 patents, 27 of them Microsoft patents.

Patents and the open-source movement get along awkwardly at best. Patent law gives proprietary, exclusive rights to patent holders, but open-source programming is built on the idea of free sharing. Newer open-source licenses sometimes address the issue by requiring contributors to open-source projects to grant users and developers of the software a perpetual, royalty-free license to any patents that relate to the contribution.

Different companies have dealt in different ways with the open-source patent conundrum. For example, HP has taken a pro-patent stance, while IBM, Nokia, Sun and others have granted some rights to use some of their patents in open-source software.

The Open Invention Network remains a relatively young effort, but it has attracted participation this year from proprietary software giant Oracle and from Linux support seller Canonical. A company may license the network's patents for free as long as they promise not to assert any patent claims against those involved in the "Linux environment."

The Free Software Foundation is working on a new draft of the General Public License, one element of which will ban partnerships such as the one struck by Novell and Microsoft.

See more CNET content tagged:
patent, open source, open-source software, OpenOffice.org, Linux kernel

232 comments

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Microsoft is a dying company and we all know it...
Vista is out now and no one wants it (dell had so many requests for xp they had to bring it back)...

2 Years from now (actually 17 months), the next operating system from microsoft it coming out. Is anyone going to want it? If people are really holding out for Vista's service pack 1, then what is microsoft doing. XP was not supposed to even have a service pack 2, but had so many problems it delayed 'Vista' and in my opinon made a better operating system... I for one am confused.

I see Linux gaining in popularity. I have personally just signed up for a Linux/Unix college course as part of my accounting degree. My next computer I can guarantee will have linux only... most likely ubuntu.

Here is a guide for those who like me have reached the end of my journey with microsoft, with xp being my last.....

<a class="jive-link-external" href="http://www.howtoforge.com/the_perfect_desktop_ubuntu7.04" target="_newWindow">http://www.howtoforge.com/the_perfect_desktop_ubuntu7.04</a>
Posted by SiXiam (69 comments )
Reply Link Flag
Yeah, it's an abc LOST quote...
"Were not the only people on this island and we all know it.."

--John Locke
Posted by SiXiam (69 comments )
Link Flag
It's more alive than FSF
Apparently FSF is more dead than M$... Eventually Operating Systems as we know it will probably cease to exist. OS will become asynchronized, not whatever we run off the clock. So whether M$ will lead that revolution, we do not know.

Saying M$ is dead just some anti-M$ comment that holds no water. I love how everyone hates M$ just because it's M$, while everyone loves Apples when Apple does the same thing and probably even worse than M$.
Posted by DMAN3k (150 comments )
Link Flag
Microsoft is dying?
You linked a Linux site....try a MS site that has numbers backed by Gartner and IDC.

<a class="jive-link-external" href="http://www.winsupersite.com/showcase/winvista_100days.asp" target="_newWindow">http://www.winsupersite.com/showcase/winvista_100days.asp</a>

Vista is doing really well.

I have tried to go Linux every few years. I currently have a notebook that dual boots Vista Ultimate and Ubuntu 7.04. My notebook is a Core Duo (not core 2) with 2gigs of RAM and integrated Intel 945GM graphics.

Both OS?s work great, both are super solid with no real problems to speak of, both were super easy to install?..both found 99% of my hardware. Vista did not find the multi memory card reader?.neither did Ubuntu. The Vista driver for this was very easy to find on the notebooks site. I still have not tracked one down for Ubuntu?but it?s not important to me right now. Ubuntu also did not give me the option to go above 1024x768?.until I tracked down a way to fix it. It was not hard for me but I have been in IT for 19 years and Joe Consumer would have a very hard time.

The applications for Ubuntu are good?.very good but this is where is always falls apart for me. It?s not the generic stuff?web browsers are just web browsers and I don?t care which one I use, same goes for a Nero replacement or media player?as long as they work?.who cares much about them. I need and like using Microsoft Office?.2007 I like the best. I am a power user of sorts when it comes to Word, Excel, Powerpoint and Visio. I also know and use Photoshop very well?..I have used Quicken since the DOS versions. While there are Linux alternatives?.none of them come close. I could run VWARE server on Ubuntu, so I could run XP/Vista so I then could run those applications I like???..but at that point why exactly did I move to Ubuntu? Being a long time Windows user mostly Vista makes Ubuntu look like polished turd?..to me. Ubuntu has brought Linux a very long way especially since I tried Linux last with Red Hat 8.0 but its still not even close to prime time for Joe Consumer.

I will admit that Vista requires more of a system?.but my notebook cost me $699 at Circuity City in March, and it came with a core duo, 1gig of RAM, 160gig HD, 8X dual layer DVD burner. I recently bought 2 1gig Crucial sticks for it at $108 and sold the 2 512meg sticks for $50. So for $750 I have a very good Vista notebook. Vista and Office are not cheap for the average person?..my company is large and we get a super good deal on MS products because we have 70K+ users?..office 2007 enterprise cost me a whopping $15.


There is so much negative press about Vista I almost did not go forward with the install. I thought it was going to be a slow pig, and I would have many driver problems from all of the press. It has been great to be honest. I have had Zero problems and after getting used to it I could not go back to XP. My wife?s notebook will get it next.
On another note a friend of mine has a business and I help him setup Small Business server 2003 at his office. One of his employees bought a new Macbook Pro and he asked me to get it connected to the network/domain. I had not used a Mac in many years?.and never one of their notebooks. I was truly amazed with the product, the OS and the hardware. OS X was so easy to use its crazy. Looks wise it?s a tossup between OS X and Vista, in some cases one does something better or looks better and it flips back and forth depending upon what you are doing. Overall I like the Mac allot and wondered if I could go that route someday. The price of that notebook was insane!!! Compared to my very similar PC notebook. It does have a Core 2 and a ATI 1600, but I don?t play games so the video card would be wasted on me. The Mac had 1gig of RAM, and a 120gig hard drive. However they are both 15inch notebooks and he paid nearly $2300 for it?.just a tad higher than my $750 notebook.
Posted by Lindy01 (443 comments )
Link Flag
OMG another dreamer
Every few months some prophetic nerd with burning eyes will announce doom for "M$", and will "see Linux gaining in popularity".

Dude, hasn't happened in 20 years, and will never happen. Most people don't even know what Linux is. Linux is a little home-made, amateur-quality pet project for bored high-schoolers.

Linux is NOT an OS.
Posted by godam_registration (113 comments )
Link Flag
Where's the link detailing these 235 violations?
It's one thing to do this step-by-step FUD campaign, ink the
Novell deal, then leak that there are 235 patent violations.

Display the list publicly and have done with it.

This is not an IP debate but one of a company beset by
managerial problems, slipping deadlines, and lackluster product
development.

Not quite in the ballpark with SCO, but definitely in the sports
bar across the street.
Posted by ppgreat (1128 comments )
Reply Link Flag
It's from a study by Dan Ravicher...
The same study also says that Windows violates 800 patents.

<a class="jive-link-external" href="http://www.eweek.com/article2/0,1759,1729908,00.asp" target="_newWindow">http://www.eweek.com/article2/0,1759,1729908,00.asp</a>

MS should just give it up.

Everytime they wave that patent bogey, an owner of one of the 800 patents they do violate comes up to bat and gets lots of money from Microsoft.
Posted by Maccess (610 comments )
Link Flag
Playing by the rules?
Since when has Microsoft played by any rule book other than their own. As far as Ballmer is concerned M$ should write the rules and everyone else should follow them. Vista has stolen so many ideas from apple and linux - then they have the nerve to say that others are stealing theirs. The way Microsoft operates is a joke - the ethical standard which they conduct business is highly questionable. It's because of Vista (or morso the lack of satisfaction with vista) that I have started looking at opensource as a viable option. I just want my stuff to work I don't care about the 'extra features' of Vista which primarly consists of a bit of extra eye candy.
Posted by ozidigga (77 comments )
Reply Link Flag
Are you sure about that?
If its so unethical, then talk to your congressman to change the laws they live by. By being a U.S. business, they have to abide by law.

And do you know how much they pay in licensing fees and buying patents? I didn't think so. And do you not think that gets scrutinized at most any major software company?

And you say its just eye candy in Vista? You strike me as a user who hasn't dug into it to figure out how to tweak it for performance. On my play system, it runs faster than XP ever did, and I know where some of the ideas came from, and in tracking them down, they either note they licensed the technology legally to MS, or are now part of MS, or are participating in a patent trade program.

Before you go tossing accusations, have relevant data. Show me proof. I suspect you think that just because you see another company using it, that they stole it, and nothing is ever licensed.
Posted by FusedAndCondazed (26 comments )
Link Flag
Microsoft is anti-capitalist
Microsoft is violating the liberty of the developers to create software and share it free of charge. This is also another MS FUD (Fear, Uncertainty and Doubt attack) to keep their customers kidnapped and avoid them to migrate to Linux or any other open source software. This is anti-capitalist, Microsoft is trying to stop the free competition.
Posted by evilspam (4 comments )
Reply Link Flag
Ok... Karl Marx...
How is it anti-capitalistic? It's like if I retyped Harry Potter and share it with other.

There are rules and regulations in capitalism that protects theft. And until you do something to change the law, M$ has every right to ask for what is due to them.
Posted by DMAN3k (150 comments )
Link Flag
Not anti capitalist but pro innovation
Cannot violate patents, whoever it may be, a profit making company or open source.
Posted by kapardin (36 comments )
Link Flag
You're exactly right
In no sense should UI interfaces be patentable. That's a joke cooked probably cooked by some amphetamine gulping free-market true believer freaks at the Chicago School of Economics in an industry-funded think tank. Congress has never taken up the issue of whether software is patentable.. it's only built on case law, that is, decisions handed down by courts, most specifically the CAFC, which , oh by the way, recently go old 8-1 where to put their interpretation of what is "obvious" by the US Supreme Court.

MS and Brad Smith
(an aside: in the words of Kevin Spacey's character in American Beauty talking about a corporate weasel:

" and now they got this have this efficiency expert- Brad Smith - how perfect is that- who wants us to write down everything we do so they can know who to get rid of..."


know that to assert their patents against Linusx is to invite Congress and the American people to look into the dank little Gitmo of IP they call software patents.... and they don't like where that might lead.. to an EU style of abolishment of software, method and UI interface patents.... trust me, these microscopically-endowed bullys aren't going anywhere but to their own demise with this issue...


we all know the holders on the gif patent were in their dying throes when they finally reached for the IP lawyers... that's what dying companies do.. try to litigate their way into relevancy....

all this means is that deep within the smelly stinking bowels of MS, amongst the bribe petty-cash fund for payoffs to corrupt 3rd world officials, the lobbyists, the pictures of the circuit judges with 12 year old Thai prostitutes, the IP lawyers, the command and control center for CNET trolls who defend this known predator in open forums, some group of academics who were sleazy enough to take a job with MS have produced a report detailing the inevitable destruction of MS at the hands of Open Source... and the numbers are scaring them...

MS has broken every law on the books repeatedly destroyed market values for decades, cost the taxpayers tens of millions in enforcement etc etc and here's Ballmer saying everyone needs to lay by th same rules.. do we need any ore proof that Ballmer is a amoral psychopathic personality and his company is more of the same?
Posted by asdf (241 comments )
Link Flag
How much open source does Windows contain?
Are we to believe that Windows contains no source code that Microsoft has stolen from the open source community? Ha!
Posted by iBuzz (330 comments )
Reply Link Flag
If I remember correctly...
...I do believe they have taken a BSD TCP/IP stack because they borked their own...

...and someone correct me if I'm wrong, but I believe they also had Zlib somewhere in there...

...and also Kerberos...???
Posted by `WarpKat (275 comments )
Link Flag
And if true, they best do nothing to enforce them or....
If this headline is true, then MS best not try to enforce these violations else they will lose even more customers. As one who is already migrating away from MS products, I wish not to be provoked or angered even more by a PETTY move on MS's part like digging up CRAP like this.

P
Posted by Petrifiedwood (53 comments )
Reply Link Flag
Open Your Eyes..
First, M$ didn't write the report. Second, It's not the first time a report came out that Linux violated some other company's patents. Remember the Oracle debacle a few years ago? Remember the Sun joke? More and more companies are piling on here, and just because M$ has joined the fray does not make it legal to steal.

If you are okay with stealing code, then let me come to your house and take food away from your kids, run power to my house from yours, and even live in your house free without rent or cost to me. It's no different. Many patents are created by little guys, and for some it's all the income they have to feed their families.

You are stealing from them and don't care. I wouldn't care if they steal from you and leave your kids starving, and your family living in a cardboard box.
Posted by FusedAndCondazed (26 comments )
Link Flag
only money
"What's fair is fair," Ballmer told Fortune. "We live in a world where we honor, and support the honoring of, intellectual property."


You only honor money, Ballmer Monkey....
Posted by tasehagi (19 comments )
Reply Link Flag
Again, they need to put up or shut up
It not enough for Microsoft to make such a claim, there needs to be at least some specifics. Indeed Microsoft's unsubstantiated claims could get them sued. For example, SCO was sued by Red Hat for trade libel and disparagement for their very public claims about Linux. Companies that claim to own portions of another product without offering proof (especially when they try to generate license revenue from those unsupported claims) should tread carefully.

Of course given the nature of the patent system, I'd be surprised if there is any useful software that doesn't violate a patent or patents. Microsoft etc are not above patenting obvious ideas or ideas with prior art to pad their portfolio. The question is whether those patents will hold up, especially now since the Supreme Court ruling.
Posted by unknown unknown (1951 comments )
Reply Link Flag
So a convicted illegal monopoly says
Microsoft, a convicted illegal monopoly, is spreading FUD against competitors? Say it isn't so!

If Linux and Linux applications are in violation of patents, where are the violations? The source is open; just copy and paste the text! In order to make the claim, the code had to be identified, right?

Or is Microsoft trying to pull an SCO? Everyone (especially stockholders) remember how well SCO's claim worked out. If Microsoft stockholders have any sense, they'd run for the hills now and beat the rush.

The backlash against Microsoft, in the form of:

- patent counter-claims,
- loss of stock value, and
- increasing rate of customer defections (Apple is seeing a 46% increase in USA visitors)

will eviscerate whatever value is left in the company.
Posted by macemoneta (18 comments )
Reply Link Flag
apple seeing 46% increase
It is easily explainable. IPod + ITunes and how every time apple comes up new version of ITunes that you need to go to their website to make some clicks to download the latest version. Add IPhone to the mix. I have not seen any of my friends buy sMack (sic). Even though Apple machines are adored for their style and ability to run windows had made them more attractive they are far away from taking a Major chunck of OS.

I love how people Love to Hate MSFT. Yes, I strongly believe if MSFT thinks its Intellectual Property is being violated they should go ahead and resolve it. All Open Source guys are not Saints who want to bring enlightenment nor all MSFT does is not Evil. IBM and SUN does more crap for the $$$ you pay, atleast MSFT gives usuable (if buggy). Worst is Apple which went after 1st Amendment rights in Federal Courts, and Apple fanboys have little or no comment about this or Steve Jobs, back-dating stocks.
Posted by YankeePoodle (785 comments )
Link Flag
apple
so a 46 percent increase amounst to what exactly?

46 percent of f* all is still F* all
Posted by gggg sssss (2285 comments )
Link Flag
Since it is....
Microsoft that is saying that "open source violates 235 patents"; specifically--"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..." will it not appear then that Windows = (Windows + "Some" Code-Base OS/2); just as Linux = (Linux + ("Some Code-Base Windows + "Some" Code-Base OS/2). Also, Microsoft Office and OpenOffice = Microsoft Office (plus "Some" Code-Base Lotus SmartSuite....

Perhaps, Microsoft should know best (having those lengthy experiences in the Operating Systems and Office Product development trenches); or, unless they are that intellectually dishonest!
Posted by Commander_Spock (3123 comments )
Reply Link Flag
Mr Spock
The world for the most has ditched...Lotus anything and OS/2.....and they wont be going back.

Wake up my brother and see the light.
Posted by Lindy01 (443 comments )
Link Flag
Oh... Come-on, you KNEW this was coming from, the Late, Great, Microsoft...
But... Dont worry... I expect that Microsofts shady, but dependably-regular, defenders... will soon rally to explain exactly why Microsoft simply HAS to do this.

These lame excuses will include the regular self-righteous moralizing. And, will also bluntly-claim that this (entirely previously-predicted) move (by Microsoft) is, actually, for the good of everybody. The usual pack of MS-SHILLS, and defenders, will also make the obligatory bold-faced assertions that Microsofts "IP claims" are, somehow, obviously beyond questioning. They will also, most probably, try to slip-in that "Linux" is "...just a copy of Windows". And, that, "...socialistic/communistic... ...Open-Source..." is obviously just the product of an inferior pack of thieves, and idealistic-hackers.

I also wouldnt be surprised by the usual, completely unsubstantiated (and utterly-disproven), claims that "Open Source" products, and "Macs", actually have "...more bugs", and "...security holes", than Microsoft-products.

Of course... all of these MS-propaganda agents will also try to completely ignore that they, themselves, have actually been openly-denying what many, many, independent-observers have been flatly-stating for some time...

Namely that...

-Microsoft HAS had this PLANNED for some time.

-The, so-called, "Open-Source deals", which Microsoft undertook, were never anything more than a PATHETIC-SHAM... headed for, precisely, this very-action, ...from the very beginning.

-And that, Microsoft is finally launching one of their last desperate "FUD" attempts, to stave-off their own complete-failure, as a business-enterprise (shades of SCO, anybody..?).

In short, this Microsoft-BOLOGNA is NOT surprising to anybody that actually knows anything about the company. Microsoft has made such COMPLETELY-NONSENSICAL "IP" CLAIMS for a very long time. And, almost everybody knew that this was coming.

Frankly, Microsoft is doing this for one reason... They are FAILING. And, they are ABSOLUTELY-DESPERATE.

Microsoft has a, very, long-history of disrupting, and damaging, the computer-industry... too bad their ULTIMATE-DEMISE, apparently, is going to be just as MESSY, and PAINFUL, for everybody involved.
Posted by Had_to_be_said (384 comments )
Reply Link Flag
Just Why.....
... are you coming across as a prophet of doom, this is how you have just concluded you crap--"Microsoft has a, very, long-history of disrupting, and damaging, the computer-industry... too bad their ULTIMATE-DEMISE, apparently, is going to be just as MESSY, and PAINFUL, for everybody involved". First of all, if Microsoft activities are to be considered as works-in-progress then the world might just be seeing the computing industry in its infancy depending on how one views the creation of the internet (the real Operating System as some understand it to be) and whenever the chips are down "Networking With OS/2" (Windows' Half-Brother) will always be remembered as the "Chief Corner Stone That The Builders Refused"! In which lifetime will that 90% Plus market share (that has morphed out of Networking With OS/2) is going to be that "MESSY, and PAINFUL, for everybody involved" when it looks very much like hemispheric corn, sugar-cane, and "ethanol" producers will be laughing all the way to the banks with a robust "IP" infrastructure (Microsoft aided) to support them! Do you have a philosophy to back up your assumptions!
Posted by Commander_Spock (3123 comments )
Link Flag
A Dirty Peek at MS's Code...
I think it's unfair that the nature of open source code allows MS to examine everyone else's work without allowing anyone else to examine MS's. They really are a dieing company and they really must be getting desperate. I wonder how much money they wasted paying people to sift through all of that code in Linux and find little hidden characteristics that they can attempt to get credit for. Just because MS has a patent on it, doesn't mean they invented it first. But they just loooove money... they dream about it constantly... they salivate over it... they lust after it with little bulges in their pants like a teenage boy in gym class watching the girls do jump rope. Microsoft is a pervert when it comes to money. I would even call them an economic pedophile. Their practices are just sooo dirty. It's just disgusting sometimes! No one knows how to stoop to a newer low better than Microsoft does... they're just disappointing again and again and they just "keep coming, and coming, and coming, and coming..." (Steve Ballmer)
<a class="jive-link-external" href="http://news.cbsi.com/8301-10784_3-9717830-7.html" target="_newWindow">http://news.cbsi.com/8301-10784_3-9717830-7.html</a>

Thank god for companies like Apple and open source software communities... We'd be in a whole lot of trouble without them!
Posted by coryschulz (326 comments )
Reply Link Flag
Thank Apple?
How is Apple any more open than M$? They are actually more closed.
Posted by DMAN3k (150 comments )
Link Flag
Microsoft defenders---
I used to get defensive but now all I do is laugh at you Microshaft
defenders, You are a joke.
Posted by studiodave (6 comments )
Reply Link Flag
Explain..
First, I am not just defending M$ here, how about Oracle, Sun, and a dozen other companies who have released similar stories where Linux has willfully violated patent law?

You sound like the time who thinks stealing is fine. Tell you what, since its so good with you, give me your address so I can some steal your property, your computer, your wife, heck, let me take the whole house.

Since you think there's nothing wrong with it, then there's nothing wrong with me doing it to you.
Posted by FusedAndCondazed (26 comments )
Link Flag
When this stuff happens...
I wish Ballmer would just come out and say it: Linux is scaring the hell out them, so one way to try and slow down Linux as an alternative OS is to slap them with patent violations. Each violation probably turns on one or two lines of code (if that) and is probably also more coincidental that anything else.

And, is anyone surprised that the so-called biggest patent offender is sun microsystem's open office? I'm not. Microsoft's cash cow is dying from lack of moo-juice.
Posted by mattumanu (599 comments )
Reply Link Flag
You Said It, Mattumanu
"I wish Ballmer would just come out and say it: Linux is scaring the hell out them so one way to try and slow down Linux as an alternative OS is to slap them with patent violations"

You said it just right. All the arguments that have gone forth before, from Mac Lovers, Apple Haters, Microsoft Defenders, they are all irrelevant. This is the crux of the while issue. That Linux and (Open Source)is putting a noose around Microsoft, which is gradually tightening.
Posted by bhushan bhaagii (127 comments )
Link Flag
Apple Lovers Are Ignorant
No doubt, fanatically devoted as they are to Apple, they can't see a lot of things that
'others' can see. But calling Microsoft 'innovative'!!!? Is Windows a ripoff of
Mac? Is IE a product 'innovated' on Netscape?
Word, Frontpage, Windows media player, are all these innovations?

Dude go back to the anti-trust trial, and remember M$ 'cleverly' using the phrase, 'the right to innovate?'. Funny, you don't hear them
use this, nowadays.
Posted by bhushan bhaagii (127 comments )
Reply Link Flag
Microsoft spend over 5 Billion dollars a year on R&D
Microsoft spend over 5 Billion dollars a year on R&#38;D, so I think its pretty safe to call them innovative.
Posted by richto (895 comments )
Link Flag
Microsoft spend over 5 Billion dollars a year on R&D
Microsoft spend over 5 Billion dollars a year on R&#38;D, so I think its pretty safe to call them innovative.
Posted by richto (895 comments )
Link Flag
Apple lovers are ignorant
well Apple is not innovative either.....
Posted by kapardin (36 comments )
Link Flag
Problems with Open Source
There are little powerful softwares available.

Sorry, I need my games and watch my DVDs. Like no game is made for Linux. DirectX is superior to OpenGL, you got to admit that. And watching DVDs are on gnu-linux is illegal due to the DVD patents. Sorry.

I'd keep my MS Windows and Apple KittyOS for now.

But I do hope eventually GNU-Linux will have enough support and powerful software to go with it. And I hope for a standardization of "installers." I don't really want to type on thing for redhat, another for suse, and another for ubuntu.

P.S. I'm not a M$ defender. Just when people bash M$ and support Apple, it doesn't make any sense to me. And that I honestly believe that the days of synchronice operating systems are coming to an end with UWB or some other high speed wireless connection (600M/s plus) coming.
Posted by DMAN3k (150 comments )
Reply Link Flag
Direct3D and OpenGL
&gt; DirectX is superior to OpenGL

First of all, comparing DirectX to OpenGL is
like comparing SDL to DirectDraw; one's a
graphics library and one's a combination of
libraries. I believe what you mean is Direct3D.

Secondly, anyone who's ever used both knows that
Direct3D is a horribly bloated piece of crap
that only produces horribly nonstandard and
inefficient C++ code. Though that doesn't
surprise me; after all, Microsoft has to make
coding for Visual Basic look better than coding
for C++.
Posted by DarkPhoenixFF4 (206 comments )
Link Flag
SURPRISE SURPRISE...
WHAT ELSE DO WE EXPECT. You know, I'm tired of companies and individuals who don't play fair. It's funny that all of a sudden this comes up.

what Microsoft should have said was...

"We see that the linux / opensource community is creating quality products that people can use to replace our products and they did it without our help. Because we are having a hard time creating a better product and provide more value than the open source community we are going to do our best to try to shoot holes through it.

Actually instead of just innovating and providing better service, we are going to attack those that are."

Microsoft, Microsoft, I love your products, but I use linux and open source because I like them better. your monopoly status is in jeapardy because you are being out classed by folks that are providing a better service. I could be mistaken, but when the internet came along, you were slow to embrace it. I think this is because you could not control the internet and open collaboration of individuals. Open collaboration where all people have an equal playing field is a direct opposition to your strategy. Sure, we love your products, but don't get all bent out of shape when someone else does the same thing you do and do it better.

Shame shame. I would feel better about you as a company if you would attempt to provide better services. You know, seeing the fact that you have competitors. Instead of trying to make those people who have begun to out class you in service and products, look bad.

I'm truly not surprised and I hope that the judge is awake when he sees what your people have brought to the table. I thought we were a nation of principles and laws. Don't big businesses have to follow laws and principles too ??

Just my 2 cents.
Posted by douglaslewis777 (3 comments )
Reply Link Flag
Finally, a decent article from CNET
Finally CNET is actually doing some reporting instead of their usual Apple-loving, Linux-supporting tirades. For once it's good to see public acknowledgement that thieves like Apple (copying the menu bar from Microsoft) and Linux (copying everything from everyone) are being put to task about how they steal outright. Stevie Need-a-Jobby and Lin-ass Torval-ass openly walk into other people's houses and walk off with their property.
Posted by iZune (58 comments )
Reply Link Flag
Care to document?
Can you provide some solid examples where the Linux community has stolen something from someone? Can you comment out the lines of code in the Linux kernel source that were stolen? Accusing somebody of stealing is serious business, but can you provide a more informed comment than just saying "the linux movement is made up of thieves?"
Posted by Sentinel (199 comments )
Link Flag
What Are You Taking? (nt)
nt
Posted by DarkPhoenixFF4 (206 comments )
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wow
Vague accusations with nothing to support them is your definition of a decent article?

So it is true. MS fan boys are not only technically ignorant, but they are retarded to boot!
Posted by MSSlayer (1074 comments )
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Finally...
put your head up your brown hole and inhale deeply
Posted by JonB. (59 comments )
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How can you just lie so easily or are you just ignorant?
When you say this are you serious?

. For once it's good to see public acknowledgement that thieves like Apple (copying the menu bar from Microsoft) and Linux (copying everything from everyone) are being put to task about how they steal outright.

-Unix came before DOS in 1968 to be exact
-MS-DOS came in 1980 how many years later?
-Mac introduced the 1st GUI in 1984.
-Windows released Windows 3.0 (the 1st successful version of a GUI in 1990 (6yrs later).
-Linux was developed in 1991 from UNIX

Who is the thief of all things gui.
Not to mention... Spread sheets...Financial packages... Networking... Antivirus... Gaming... the browser... AntiSpyware... Active Directory... the office suite... Music player... Instant messaging... translucent windows... Search engine... and databases (Check your history to see who developed it 1st and who copied)

WOW... How does one sleep with one's self.
Posted by douglaslewis777 (3 comments )
Link Flag
software patents are not settled law
In no sense should UI interfaces be patentable. That's a joke cooked probably cooked by some amphetamine gulping free-market true believer freaks at the Chicago School of Economics in an industry-funded think tank. Congress has never taken up the issue of whether software is patentable.. it's only built on case law, that is, decisions handed down by courts, most specifically the CAFC, which , oh by the way, recently go old 8-1 where to put their interpretation of what is "obvious" by the US Supreme Court.

MS and Brad Smith
(an aside: in the words of Kevin Spacey's character in American Beauty talking about a corporate weasel:

" and now they got this have this efficiency expert- Brad Smith - how perfect is that- who wants us to write down everything we do so they can know who to get rid of..."


know that to assert their patents against Linusx is to invite Congress and the American people to look into the dank little Gitmo of IP they call software patents.... and they don't like where that might lead.. to an EU style of abolishment of software, method and UI interface patents.... trust me, these microscopically-endowed bullys aren't going anywhere but to their own demise with this issue...


we all know the holders on the gif patent were in their dying throes when they finally reached for the IP lawyers... that's what dying companies do.. try to litigate their way into relevancy....

all this means is that deep within the smelly stinking bowels of MS, amongst the bribe petty-cash fund for payoffs to corrupt 3rd world officials, the lobbyists, the pictures of the circuit judges with 12 year old Thai prostitutes, the IP lawyers, the command and control center for CNET trolls who defend this known predator in open forums, some group of academics who were sleazy enough to take a job with MS have produced a report detailing the inevitable destruction of MS at the hands of Open Source... and the numbers are scaring them...
Posted by asdf (241 comments )
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Agree, I hope MS does pursue this litigation.
So that congress finally opens up this can of worms called software patents and finally invalidates the thousands upon thousands of software patents that the boobs over at the PTO had been handing out.

I also want to find out who this idiot is who thought that software patents were a good idea.
Posted by tundraboy (494 comments )
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Linux Doesn't Exist!
"Linux doesn't exist in 2007" according to Microsoft platform strategy director Bill Hilf. So how can it violate any MS patents?

Sounds to me that Microsoft is even more terrified by Open Source than it has been letting on.

OK MS, roll out the details and if your claims are true, the OS community will likely have everything fixed in a couple of weeks.

In the meantime, Redmond probably needs to be working on the hundreds of patents it is violating.
Posted by rcrusoe (1305 comments )
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GrokLaw has this well covered
While it might seem scary at first glance, that's probably all there is to it. PJ at GrokLaw had looked at it briefly, and didn't bother to comment in depth. Now that there's more fuzz, she has changed her mind and explained why this is not likely to become much of a problem:

<a class="jive-link-external" href="http://www.groklaw.net/article.php?story=20070513234519615" target="_newWindow">http://www.groklaw.net/article.php?story=20070513234519615</a>

As usual, her attention to (legal) detail is amazing.
Posted by Frodo420024 (13 comments )
Reply Link Flag
Yeah but why
would you want to spend time with an outdated os plagued by spam and malware and open to a community of 100's of thousands of virus's and exploits. Seems no wonder too me why the business end of my top tier media company is switching away from crapersoft.
Posted by orbital318 (34 comments )
Reply Link Flag
stolen menu-bar
xerox introduced the menu bar in the 1970's on the Alto
($40 000)...
It was re-introduced in 1983 by Apple on the Lisa ($ 6 000) and
a year later on the Mac ($ 3 000).
MS Windows was introduced in 1986, it had clickable spaces
instead of working, clickable icons. It did not have a unified
system wide menu bar. Plse do your History.

Besides, Microsoft is a lost cause, save your energy, get a life,
free yourself from re-marketed crudware.
Posted by henk goewie (7 comments )
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Nationalize Microsoft
The company basically ignored the legal injunctions of the monopoly trial. They are trying to monopolize or supress all other forms of innovation.
Time for the U.S. Government to seize the company and nationalize it.
Or better yet, disallow all of their patent "rights" as being too vague and encompassing..
Posted by Dr_Zinj (727 comments )
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lol - well said
MSFT is far more powerful than our federal government and most any other government on earth. The way things stand now, MSFT effectively cannot be "controlled" by governmental efforts. Any efforts by governments to do so are easily handled by Redmond's legal team and written off as a cost of doing business.
Posted by i_made_this (302 comments )
Link Flag
The Single Biggest Negative Influence On The IT Field
The loss is about what DIDN'T GET DEVELOPED in IT if Microsoft hadn't become a major player.
And the loss is in all the hopes and dreams of young American programmers being crushed when they got sold out.
Posted by dornbear (21 comments )
Link Flag
Microsoft is not a software company.
It is a monopoly acquisition, expansion and extension company.

Most of its major products were either purchased from someone else (DOS) or copied from someone else (Word from AmiPro, Excel from Lotus 123, IE from Netscape, Vista from OS-X)

Its primary business directive is not 'build and sell better software'. It is 'protect the Windows and Office monopolies'.
Posted by tundraboy (494 comments )
Reply Link Flag
 

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