Microsoft is claiming patents on the Linux kernel
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.
The way technology is patented today - anything is an infringement.
It’s a joke how easy these suits can be put forward.
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!
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.
The claim by Microsoft earlier this week that open source infringes 235 patents, has taken an interesting turn.
Steve Ballmer cited an independent report published last year that he said claimed that open source Linux violates 228 patents. The author, Dan Ravicher, said that the report "actually proves the opposite of what they claim it does," and that it did not claim that open source software faces legal problems.
In the report, Ravicher sought to stress the difference between potential and actual patent violation. This difference has been ignored in Microsoft's reference to the report.
"Open source faces no more, if not less, legal risk than proprietary software," Ravicher told technology news site eWeek. "The market needs to understand that the study Microsoft is citing actually proves the opposite of what they claim it does."
"There is no reason to believe that GNU/Linux has any greater risk of infringing patents than Windows, Unix-based or any other functionally similar operating system. Why? Because patents are infringed by specific structures that accomplish specific functionality," said Ravicher.
Ravicher said that the crucial difference between his report and Ballmer's use of it was in the distinction between potential and actual patent violation.
"Ballmer makes a very bold statement by saying Linux infringes hundreds of patents," Ravicher said. "That is extremely different than saying 'Linux potentially infringes x patent,' because the requirement to prove infringement is much more difficult than the requirement to simply file a case claiming infringement."
Ravicher is the founder of the Public Patent Foundation and an expert on patent law. He was in South Africa earlier this year when he spoke at the Freedom to Innovate South Africa event in Pretoria. (See story)
Good for Torvalds. This is the sort of strong arm tactics by Microsoft’s legal division that has given Microsoft a bad image to too many. If Linux has infringed, then give concrete examples.
Too, the entire patent process with regards to software can be just plain ridiculous.
Maybe if Linux put bugs in the kernel, MicroSoft would have grounds for a lawsuit.
Gates is getting rusty as a poker player.
See post above.....