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Microsoft details patent breaches
n3wbi3 | 2007-05-15 | JESSICA MINTZ

Posted on 05/15/2007 10:40:14 AM PDT by N3WBI3

Article Cant be posted because its from AP, here is the link

http://hosted.ap.org/dynamic/stories/M/MICROSOFT_OPEN_SOURCE?SITE=AZMES&SECTION=HOME&TEMPLATE=DEFAULT

Score Card

Linux Kernel - 42 GUI (KDE,..) - 65 E-Mail Progs - 15 'Other" ------ 68 OpenOffice --- 45

I am most skeptical of the GUI and email numbers as those lend themselves to some of the most ridiculous patents (eg mouse over stuff).

It will be interesting to see if MS releases the patents for the Linux kernel so that changes can be made, if needed, to address their concerns and while IANAL I believe they have an obligation to mitigate the damages form infringement if they want to be taken seriously in court about it.

Unfortunately for American companies like RedHat MS is no SCO and wont be so sloppy in court should it come to that. On the plus side for American OSS companies is MS better be very careful how they tread because they are close to stepping on SUN and IBM.


TOPICS: Business/Economy; Computers/Internet
KEYWORDS: microsoft; opensource; patent

1 posted on 05/15/2007 10:40:15 AM PDT by N3WBI3
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To: N3WBI3; ShadowAce; Tribune7; frogjerk; Salo; LTCJ; Calvinist_Dark_Lord; amigatec; Fractal Trader; ..

OSS PING

If you are interested in the OSS ping list please mail me

Score Card

Linux Kernel - 42
GUI (KDE,..) - 65
E-Mail Progs - 15
'Other" ------ 68
OpenOffice --- 45

2 posted on 05/15/2007 10:42:06 AM PDT by N3WBI3 (Light travels faster than sound. This is why some people appear bright until you hear them speak....)
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To: N3WBI3

I’ve learned my lesson, seduced by some cool tool and betting against Microsoft is very high risk.


3 posted on 05/15/2007 10:50:30 AM PDT by elfman2 (An army of amateurs doing the media's job.)
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To: N3WBI3

I think the term “details” is misused here. :)


4 posted on 05/15/2007 11:13:50 AM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: N3WBI3
Some live links to various copies of this story:
5 posted on 05/15/2007 11:16:47 AM PDT by ThePythonicCow (The Greens steal in fear of pollution, The Reds in fear of greed; Fear arising from a lack of Faith.)
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To: ShadowAce

well someone we both know has been harping on ‘more than 300 in the Linux Kernel alone’ seeing as MS is only asserting that 45 of its 235 claims are Linux related I think that claim is a cooked turkey


6 posted on 05/15/2007 11:18:50 AM PDT by N3WBI3 (Light travels faster than sound. This is why some people appear bright until you hear them speak....)
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To: N3WBI3

LOL! Yeah—it always has been.


7 posted on 05/15/2007 11:21:46 AM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: N3WBI3
It seems to me that the source of this elaboration of what patents Microsoft is claiming are infringed comes from a Fortune interview reported in this article: CNNMoney.com article of yesterday, May 15, 2007.

A couple lines from it:

[Microsoft licensing chief Horacio] Gutierrez sat down with Fortune refuses to identify specific patents or explain how they're being infringed, lest FOSS advocates start filing challenges to them.

But he does break down the total number allegedly violated - 235 - into categories. He says that the Linux kernel ... violates 42 Microsoft patents ... [the GUI] 65 ... Open Office ... 45 more. E-mail programs ... 15 ... other ... 68.


8 posted on 05/15/2007 11:30:40 AM PDT by ThePythonicCow (The Greens steal in fear of pollution, The Reds in fear of greed; Fear arising from a lack of Faith.)
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To: ThePythonicCow

I love the nebulous ‘gui’ are we talking KDE, Gnome, Flux, or X itself? if its X is it xfree86 x.org or both?


9 posted on 05/15/2007 11:55:14 AM PDT by N3WBI3 (Light travels faster than sound. This is why some people appear bright until you hear them speak....)
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To: N3WBI3

I doubt that such technical distinctions are relevant in a
discussion of this FUD (fog?) campaign.


10 posted on 05/15/2007 11:59:35 AM PDT by ThePythonicCow (The Greens steal in fear of pollution, The Reds in fear of greed; Fear arising from a lack of Faith.)
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To: N3WBI3
Linus Torvalds has a response to the general allegations by Microsoft (not these specifics, though, it appears) here in InformationWeek.
11 posted on 05/15/2007 2:39:48 PM PDT by snowsislander
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To: N3WBI3; ShadowAce

Take it up with the “senior counsel of the FSF” who performed the study if you don’t believe it.

http://www.computerworld.com/softwaretopics/os/linux/story/0,10801,94986,00.html?f=x10

He estimated only 27 out of 283 in the kernel alone were held by Microsoft but that was a few years ago. If 27 now equals 45 then the old total of 283 could equal 471 today.


12 posted on 05/15/2007 3:50:43 PM PDT by Golden Eagle
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To: snowsislander
"It's certainly a lot more likely that Microsoft violates patents than Linux does," said Torvalds, holder of the Linux trademark.

Ridiculous, Microsoft has many cross patent agreements, how many cross patent agreements does Torvalds have? Does he even have a single patent to cross license?

"Naming them would make it either clear that Linux isn't infringing at all (which is quite possible, especially if the patents are bad), or would make it possible to avoid infringing by coding around whatever silly thing they claim," he said.

Microsoft has a patent on the Microsoft disk formats that are included with every copy of Linux, how would that be a "silly" claim by Microsoft? Let's not forget Torvalds recommendation to "hire a hit man and whack the guy" if ever sued for patent infringment.

13 posted on 05/15/2007 4:01:22 PM PDT by Golden Eagle
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To: Golden Eagle
Ridiculous, Microsoft has many cross patent agreements, how many cross patent agreements does Torvalds have? Does he even have a single patent to cross license?

Perhaps the Torvalds article should be posted as a separate thread? Otherwise, quotes from it might be muddled with those of the original posting.

14 posted on 05/15/2007 4:17:47 PM PDT by snowsislander
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To: snowsislander

There’s 3 threads already, Torvalds comments are nothing unexpected either. I want to know who in the media will be the first to ask him about his “whack the guy” comments, probably no one or he’ll refuse to answer.


15 posted on 05/15/2007 4:35:44 PM PDT by Golden Eagle
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To: N3WBI3
"You would be wise to listen to the customers you're threatening to sue - they can leave you, especially if you give them motivation," [Sun Microsystems CEO Jonathan] Schwartz tells Microsoft. "Remember, they wouldn't be motivated unless your products were somehow missing the mark."

http://www.theregister.co.uk/2007/05/15/schwartz_blog_microsoft/
16 posted on 05/15/2007 5:29:43 PM PDT by Ocracoke Island
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To: N3WBI3

They showed that they are not going to enforce the patent, so they are now null and void. If you don’t enforce it you lose it.


17 posted on 05/15/2007 7:15:25 PM PDT by Dominick ("Freedom consists not in doing what we like, but in having the right to do what we ought." - JP II)
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