One must wonder what goes on in closed door meetings in the Redmond, Washington, headquarters of Microsoft. After past claims of patent violation, several losses at the hands of competitors (such as the DoubleClick media deal), and stalled talks with Yahoo, Microsoft wants something. They want royalties. How else can they make up for business losses?
In a Fortune magazine article, Microsoft attorney Brad Smith and Licensing Chief Horacio Gutierrez said that free and open source software (FOSS) violated over two hundred Microsoft patents, and discussed how the company will get FOSS users to pay royalties. Related to the Fortune article in a separate interview Steve Ballmer preempted the idea of royalties with one statement. “We live in a world where we honor, and support the honoring of, intellectual property,” he said. FIOSS users, “play by the same rules as the rest of the business. What's fair is fair.”
The idea that two hundred thirty-five patents were violated is staggering. If the FOSS users were to pay up it could mean the end to several forms of operation used by many IT firms. IBM, Wal-Mart, and more than five hundred other Fortune 500 companies use one form of FOSS in their network environments. They use them because they are cost effective, and in some cases give the same ease of use and productivity that their licensed counterparts from Microsoft offer. Microsoft claims that this is possible only because of the patent violations. “This is not a case of some accidental, unknowing infringement. There are an overwhelming number of patents being infringed upon,” Gutierrez said.
Microsoft says in the article that Linux violates forty-two patents; Linux GUI’s are violating sixty-five, open source email applications violate fifteen, Open Office violates forty-five and various other open source software programs make up another sixty-eight.
The interesting thing about the statement form Microsoft in the article is the counts. Last time Microsoft went after FOSS, Microsoft said it violated two hundred eighty-three patents. What happened to the others this time around? Forty-eight patent violations seemed to have vanished. Microsoft did not mention why there was a difference from the comments made in 2004 based off research conducted by Dan Ravicher of the PPF (Public Patent Foundation)
For a long time now, the OIN (Open Invention Network) has asked Microsoft to come forth and list each of the violations FOSS has made. So far the OIN who is made up of such companies as IBM, Sony, Red Hat and Microsoft partner Novell have gotten no answer from the Redmond based company. If Microsoft were to really threaten or if all reality comes to a halt sue a company for using or distributing FOSS, the OIN could sue them for trying to “trying to enjoin distribution of Windows,” the article mentions.
Why is the company even thinking about going this route? Money and lots of it appears to be the goal. Summed up by a user named Feldon, in the comment section of a ZDnet blog post about the FOSS issue:
“It’s a three step FUD-slinging marathon for Microsoft.(Fear Uncertainty and Doubt) Step 1, claim your competitor is about to be sued on 283 different counts, but don't provide any details on what those 283 counts are, let alone provide any evidence. Step 2, keep bringing it up at every possible opportunity for months on end, but don't actually sue. Step 3, repeat the process, but change the numbers a little to make it seem different.”
The comment went on to say that Microsoft does not want to sue because cost wise its better to win customers out of fear alone. Another point, made in the long term goals by Microsoft in the Fortune article, was the potential for the scare tactics to win open source partnerships.
“Microsoft gives out a number, but is scared to get to specifics because they know that [FOSS Advocates] may easily challenge and likely defeated or work around [the patent infringement claims]. It's just more FUD and no substance. It would be interesting though if FOSS advocates come right out and show patent infringements by Microsoft with specifics as a result of this latest saber-rattling,” said another comment on the blog.
That point is valid as many claimed that even today Microsoft would borrow form one bit of source or another to add to the products. There are a few examples and a few rumors but one solid bit of proof regarding theft stems form a court verdict handed out in 2001. A French court ordered Microsoft to pay fines after being found guilty of software piracy. If the comments and opinions surrounding the Fortune article are true then there is nothing to worry about at all. If they are false, then Microsoft is about to launch total war on the FOSS community that is sure to fight back.
well well wellMay 14th, 2007 - 17:19:09
does microcraps greed know no bounds?
i for one will be uninstalling all MS products from all my computers tonight, well the one of 4 that is still running windows.
i have always been a supporter of linux, and only used Micro products to keep up with the trends, in my work place.
microcrime is a greedy corp. and does not deserve your money or support. screw them.
keep the penguin FREE.
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