Microsoft is claiming patents on the Linux kernel
Posted on 05/16/2007 5:43:06 AM PDT by Zakeet
Linus Torvalds has hit back at Microsoft's claims that it holds 42 patents that are infringed by the Linux kernel.
Torvalds, the leader of the project to create the Linux kernel, was contemptuous of Microsoft's claims and has asked Redmond to name the infringements so that their veracity can be challenged and workarounds found.
"Naming them would either make it clear that Linux is not 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 in an email exchange with Information Week.
"So the whole 'We have a list and we're not telling you' should tell you something. Don't you think that if Microsoft actually had some really foolproof patent, they'd just tell us and go, 'nyaah, nyaah, nyaah!'?"
Torvalds added that Microsoft might have patent problems of its own if the company was to expose its software to public scrutiny in the same way as Linux.
He said that operating system procedures have not changed much since the 1960s, and many companies, including IBM, have patents of which Microsoft could well find itself in breach.
Torvalds was sanguine over the possibility of legal action and believes it unlikely that anyone would get sued.
"Microsoft would have to name the patents then, and they are probably happier with the [fear, uncertainty, doubt] than with any lawsuit," he predicted.
Microsoft is claiming patents on the Linux kernel
and we know all liberals are delusional...
And Linux seems to be admitting it’s possible they are infringing.
How can anyone deny something as vague as what MS is claiming?
The way technology is patented today - anything is an infringement.
It’s a joke how easy these suits can be put forward.
Yep, and can you say with CERTAINTY that you are not in violation of ANY law or regulation on the books?
Probably not, and that’s exactly the uncertainty that Torvalds has. And its why indictments have to state with quite a bit of specificity what a person did, what the law was that was broken, and how the actions alleged consitituted a violation of the stated law.
And it why Microsoft ought to do exactly the same thing with its patent claims. Otherwise it is nothing but gaseous emissions.
If those words are actual quotes of Torvands I’d have to say the guy is a jerk. Some of his comments have validity, like tell them where the infringments are so they can fix them, but just blowing off Microsofts claim is foolish. They could not financial fight Microsoft if Microsoft has valid complaints. 90% of the world’s computers run on windows. They had better pay attention and find another way to respond. Name calling will not go over good in court.
Sic’em Linus!
BUT...Gates is one of those unusual cases, a liberal with lots of money. Unlike the other liberals, he isn't restricted to writing angry letters to newspapers in green ink.
This is a much more threatening situation than SCO which claim code was copied - code can be changed.
Microsoft has obtained patents on concepts, some of which are ridiculously fundamental - hyperlinks, help and stuff like that.
“...but just blowing off Microsofts claim is foolish. They could not financial fight Microsoft if Microsoft has valid complaints. 90% of the world’s computers run on windows. They had better pay attention and find another way to respond. Name calling will not go over good in court.”
It takes a fool to sue someone who has nothing. Tell me, who will M$ sue? Linus doesn’t have enough money to pay for one cubicle at Redmond. The thousands of volunteers who work on the code have, on average, even less.
And, that code is already “in the wild”. M$ cannot sue enough people to make it go away. 40% of the world’s Internet servers, if not more, run on Linux. It’s not likely they’d choose M$ Windows as their platform should linux prove to be a legal liability.
Actually, I think the hyperlink patent was by British Telecom--and it got thrown out of court when they tried to enforce it. I could be wrong though--it's been a couple of years.
I actually found his response quite refreshing - and I'm a lawyer.
“This is a much more threatening situation than SCO which claim code was copied - code can be changed. Microsoft has obtained patents on concepts, some of which are ridiculously fundamental - hyperlinks, help and stuff like that.”
M$ also has a lot more money than SCO too.
This might be a great test of a recent SCOTUS decision. As I recall, the “Look and Feel” lawsuits of the 1980’s threw out such “concept” lawsuits. Besides, what has M$ really created that is new over the past 15 years?
Most software is infringing on some patent. I wrote a small application and put in a progress bar. Then I found out that the progress bar is patented.
40% of the world’s internet servers run on linex? I don’t know enough about this stuff to argue. Where is the information about servers available? thanks
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