Microsoft: “We Will Bury You! Look Out, Linux!”
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It looks like Microsoft is making sounds again about Linux violating its property rights. This time the Redmond giant is claiming some 200 plus violations and wants Linux users to pay royalty fees. Now before everyone panics and uninstalls Linux off of their systems, you may wish to look at a previous Microsoft shenanigan it tried to pull off that flopped.
There once was a company by the name of SCO that sued IBM stating that it was using code that SCO had written or claimed ownership to, which basically when you looked through the fog was a shot at Linux. It was common knowledge that SCO and its thugs had received a generous gift of funding from — who else? The Ballmer boys.
Last year Microsoft struck a deal with Novell in which they agreed to work together for better compatibility between Novell Linux and Windows. Plus the agreement also would hold harmless Novell stuff from being included in any future suit Microsoft might bring against Linux itself. This was a bunch of bull because everyone knew the real motive. Microsoft wants to crush Linux and is using Novell as a pawn, since SCO failed to do its bidding.
IMHO I seriously doubt that Microsoft is going to succeed. Why, you may ask? There are many problems that will face Microsoft and Linux, but the one problem that will face both is that it could eventually destroy both of them. First we must look at where Linux has made inroads. In Europe and China (plus other countries), Linux is being used quite extensively. So even if Microsoft were to successfully defend one patent claim in the US, it would then most likely be sued by others such as the European Union for patent violations in which it could be alleged that Microsoft is violating Linux patents.
There would be years of litigation in which I would doubt a clear winner would emerge.
What do you think? Is Microsoft biting off more than it can chew by threatening Linux? Or is this just a ploy by Microsoft to get companies to stop using Linux software? Or how about against Google since Google is a Linux supporter?
Comments welcome.
[tags]linux, microsoft, google, threat[/tags]
9 Comments
marc klink
May 18th, 2007
at 7:37am
Just more ’siege mentality’ from Redmond. That and FUD. The whole Novell cooperation thing was stupid on Novell’s part, as MS has always wanted to crush them. The trouble is no one is left at Novell who remembers. Ray Noorda is rolling over in his grave, as he would never have let the situation as it stands now to occur.
Ron Schenone
May 18th, 2007
at 8:15am
I Marc,
Agree. Just FUD and more saber rattling.
Tim Hodkinson
May 18th, 2007
at 10:13am
I’ve been engrossed in this lately, reading up on the legal stuff at Groklaw.net. I think this act of desperation reveals to us that MS is now aware of it’s own weakened state in the computing world. Apple was never a threat because of it’s own special hardware environment, but Linux and Open Office and the proposed Open Document Format is growing right in Windows’ front yard.
Software patents seem to be rather strange and confusing things, but I don’t think vague accusations of patent infringement have much effect on people anymore, except to show what a poor sport MS has become. And as you mentioned, re: Europe, over there most of this is irrelevant as MS Windows has always been viewed as a monopoly (foreign too) that threatens innovation (ie. european innovation).
Anyhow, GPL3’s exclusion of royalty payments and patent-something (it get’s complicated) agreements will blow MS (and maybe Novell) right out of the water. Licensing agreements, like the GPL, seem to be categorically different than software “patents” and have real, and very quick, legal effects. I think, in the end, that’s why Microsoft is so reckless these days: their “patents” vs. the Open-Source community’s licence means the end of their monopoly in the computing world.
It’s like Star Wars where the Death Star appears and everyone’s afraid, but really it’s game over for the Empire because the rebels know how weak the big, scary machine really is.
Mace Moneta
May 18th, 2007
at 11:22am
Microsoft can’t have any impact on Linux; they can only impact other companies. That is, they could sue Red Hat, or Canonical, etc., or those that fund development like Sun or IBM, or Intel, but those companies are not “Linux” - they are distributors. There are over 500 distributors of Linux, and if all of them ceased to exist, Linux would still exist. A typical major distribution is composed of over 2000 packages (out of over 100,000), from nearly as many development groups. The developers are spread across the globe, in every country.
The idea that a company like Microsoft could negatively impact Linux, makes the idea that the MPAA/RIAA could stop piracy look trivial in comparison.
In the big picture, while Microsoft is a huge company with vast resources, they would be going against the hardware and software behemoths in the industry - in comparison, they are tiny. Should those behemoths turn their patent portfolios against Microsoft, it would simply cease to exist.
Ron Schenone
May 18th, 2007
at 11:27am
Hello Tim,
I must agree. A lot of noise but no teeth. Microsoft must think the rest of the world is dumb and will just sit back and do nothing. Places like China may not play well with others and Microsoft could find it’s software being blocked for import or could retaliate by dumping billions of illegal copies of Vista on the worlds door step. What would Microsoft do? Declare war on China? LOL
Thanks for your thoughts, Ron
Ron Schenone
May 18th, 2007
at 11:54am
Hi Mace,
Thanks for your comments as well. Microsoft THINKS it is big, but forgets there are many players in this game besides themselves.
Regards, Ron
marc klink
May 19th, 2007
at 9:27am
I was just passing this way again, and it hit me that Ballmer DOES look somewhat like Nikita Kruschev. Did he have his shoe off?
Ron Schenone
May 19th, 2007
at 9:35am
Heh Marc,
I think he does! LOL
Kyle Keeton
May 21st, 2007
at 12:29am
Ron,
Something struck me about the microsoft threat. (Called a can of worms). My Grandma use to say, ” Boy if you dont quit what you are doing right this second, you are going to open up a can of worms.”
Funny thing was she was always right.
I say that if microsoft plays with this too much, that they may open up a can of worms and find that they are on the receiving end of software infringment violations.
Hope they have plenty of worm food!!!!!
Kyle Keeton
P.S.
Just a little tidbit of information, About Microsoft not claiming what the 235 infringments are.:::
Maybe the reason Microsoft doesn’t want to list the claimed infringments is that they can be traced back to Microsoft putting such code into linux. This would expose Microsoft in the computer industry. And the question of whether or not such intentional injection of such code could be seen as a participation in the GPL licensing terms. Making the code not infringing.
Microsoft has proven its felony status with the endless anti-trust suits around the world against it.
Microsoft is going to only hurt their reputation more. Linux doesn’t have to beat Microsoft, as Microsoft is beating itself.