Microsoft has at times alleged patent infringement in its attempts to stifle certain Linux-based applications. But one group is hoping to fight back by using Microsoft's own former patents.
The Open Invention Network (OIN), a group made up of Microsoft competitors and Linux advocates,said it's close an agreement to buy 22 patents that Microsoft sold to another organization earlier this year. According to Tuesday's Wall Street Journal, the patents may relate to Linux.
The OIN believes that getting these patents is critical to protecting Linux developers from costly lawsuits, according to the Journal. The concern is that otherwise the patents could be grabbed by patent trolls, which will then try to make money from patent-infringement lawsuits.
The group that currently owns the patents, Allied Security Trust, buys them to protect its members from lawsuits. Composed of such companies as Google, Hewlett-Packard, Verizon Communications, and Cisco Systems, Allied Security Trust bought the patents in a private auction held by Microsoft. The Journal reports that Microsoft presented the patents to potential bidders as relating to Linux.
Microsoft has said that it holds more than 50,000 patents, according to the Journal, and that it believes 200 of those are violated by Linux applications.
Over the past few years, Microsoft has signed deals with several open-source companies in which they pay Microsoft money to protect themselves from intellectual property claims.
The OIN's goal is to promote and protect Linux by using patents that allow for free and open collaboration. The group says its patents are available to any company or individual that agrees not to assert those patents against Linux. The idea is to help developers use Linux without having to worry about violating existing patents.
The OIN is trying to use such cases as the recent lawsuit between Microsoft and GPS-maker Tom Tom to prevent similar actions against Linux-based apps. Although Tom Tom settled with Microsoft, the OIN is concerned that the case may establish a precedent.
Started in 2005, the OIN counts among its members IBM, Sony, and Red Hat. Over the years, other powerhouses have joined, including Oracle, Google, and most recently Tom Tom.
SCO Group, whose 6-year-old legal case arguing Linux infringes its Unix copyright hasn't been enough to keep it from bankruptcy court, nevertheless won an important victory in its case Monday.
A skeptical federal judge earlier had ruled that Novell had retained Unix copyrights when it sold its Unix business to the Santa Cruz Operation, a company whose Unix assets SCO Group later acquired. But the appeals court overturned that decision, based in part on a close reading of the Unix asset purchase agreement, sending the matter to trial for a decision. The appeals court did uphold a ruling that SCO owed Novell royalty payments, though, according to a 55-page filing.
SCO Group Chief Executive Darl McBride, who's been demonized by the Linux faithful, was happy with the decision. "Today is not the end of the war but it certainly is a key battle that we've won," he said in a statement in the Salt Lake Tribune. "Now it's time to move on to the next series of battles with our victory in hand."
Here's an old photo of Hans Reiser from his Stanford days. A San Francisco Chronicle reporter said at his sentencing Friday, however, Reiser's hair was grown out and he looked more like Art Garfunkel.
(Credit: via Stanford University)
In what appears the final chapter of the Hans Reiser crime saga, the Linux programmer convicted of killing his wife was sentenced Friday afternoon to 15 years to life in prison under a deal he worked out with prosecutors in exchange for leading police to his victim's body.
Reiser--known to the technology world as the founder of the ReiserFS file system software--was found guilty in April of first-degree murder in the 2006 killing of his wife, with whom he was undergoing a bitter divorce. The jury convicted him largely on circumstantial evidence and despite the fact that Nina Reiser's body hadn't been found before trial.
First-degree murder carries a sentence of 25 years to life, compared with 15 years to life for second-degree murder. But in anticipation of his sentencing, Reiser, 44, brokered a deal with prosecutors that went generally like so: If he brought police to his wife's body and he gave up his appellate rights, he could plead guilty to second-degree murder and get 15 years.
And that's what happened in an Oakland, Calif., courthouse Friday, after Reiser pleaded guilty to second-degree murder, according to media reports. He'll be eligible for parole in about 13 years, having already served two years since his October 2006 arrest.
Throughout the drama-filled six-month trial, Reiser maintained his innocence. Arguing the so-called geek defense, his attorney said that while Reiser may be strange, arrogant, even abnormal, his odd behavior following Nina's disappearance wasn't evidence of murder. On trial, Reiser smeared the mother of his two children, alleging, among other things, that she was likely hiding out in her native Russia with money she stole from his now defunct company, Namesys.
Nina Reiser's remains were found in Oakland's Redwood Regional Park, about a half a mile from where she was last seen. Click image for full map.
(Credit: Google)Reiser, handcuffed to his attorney, did in fact bring authorities to a grave site Monday containing his wife's remains in a heavily brushed, secluded area about 40 yards off a road in Oakland's Redwood Regional Park. The grave site was located about a half mile from where Nina was last seen in 2006 at Reiser's mother's house, where he was living.
It's unclear whether the cause of death was ever determined through an autopsy. But Wired reported that after the sentencing, prosecutor Paul Hora revealed some of the details from Reiser's confession. Reiser first punched Nina in the mouth, then strangled her to death, Hora said. Hora added that Reiser "stored the body in the bathroom, then moved it to his car, where it stayed for two days while he searched for a place to bury her," according to Wired.
Wired's David Kravets added that before he was formally sentenced, Reiser vowed to make up to society for what he had done and said he was putting Namesys and ReiserFS into a trust fund for his children. Reiser added that he hoped to earn money for his kids while in prison, assuming he's "able to get access to a computer and the Internet," according to Kravets.
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