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Microsoft, Samsung in patent swap deal
April 18, 2007 -
Microsoft inks patent deal with Fuji Xerox
March 21, 2007 -
Microsoft makes Linux pact with Novell
November 2, 2006
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
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.....
http://www.howtoforge.com/the_perfect_desktop_ubuntu7.04
--John Locke
Saying M$ is dead just some anti-M$ comment that holds no water. I love how everyone hates M$ just because it's M$, while everyone loves Apples when Apple does the same thing and probably even worse than M$.
http://www.winsupersite.com/showcase/winvista_100days.asp
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 $750 notebook.
Dude, hasn't happened in 20 years, and will never happen. Most people don't even know what Linux is. Linux is a little home-made, amateur-quality pet project for bored high-schoolers.
Linux is NOT an OS.
Novell deal, then leak that there are 235 patent violations.
Display the list publicly and have done with it.
This is not an IP debate but one of a company beset by
managerial problems, slipping deadlines, and lackluster product
development.
Not quite in the ballpark with SCO, but definitely in the sports
bar across the street.
http://www.eweek.com/article2/0,1759,1729908,00.asp
MS should just give it up.
Everytime they wave that patent bogey, an owner of one of the 800 patents they do violate comes up to bat and gets lots of money from Microsoft.
And do you know how much they pay in licensing fees and buying patents? I didn't think so. And do you not think that gets scrutinized at most any major software company?
And you say its just eye candy in Vista? You strike me as a user who hasn't dug into it to figure out how to tweak it for performance. On my play system, it runs faster than XP ever did, and I know where some of the ideas came from, and in tracking them down, they either note they licensed the technology legally to MS, or are now part of MS, or are participating in a patent trade program.
Before you go tossing accusations, have relevant data. Show me proof. I suspect you think that just because you see another company using it, that they stole it, and nothing is ever licensed.
There are rules and regulations in capitalism that protects theft. And until you do something to change the law, M$ has every right to ask for what is due to them.
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?
...and someone correct me if I'm wrong, but I believe they also had Zlib somewhere in there...
...and also Kerberos...???
P
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.
You only honor money, Ballmer Monkey....
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.
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.
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.
46 percent of f* all is still F* all
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!
Wake up my brother and see the light.
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.
http://news.com.com/8301-10784_3-9717830-7.html
Thank god for companies like Apple and open source software communities... We'd be in a whole lot of trouble without them!
defenders, You are a joke.
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.
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.
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.
'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.
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.
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++.
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.
So it is true. MS fan boys are not only technically ignorant, but they are retarded to boot!
. 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.
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...
I also want to find out who this idiot is who thought that software patents were a good idea.
- Linux Doesn't Exist!
- by rcrusoe May 14, 2007 6:41 AM PDT
- "Linux doesn't exist in 2007" according to Microsoft platform strategy director Bill Hilf. So how can it violate any MS patents?
- Reply to this comment
-
Showing 1 of 4 pages (232 Comments)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.