Posted on 05/23/2007 6:47:00 AM PDT by ShadowAce
"Microsoft patent threat to Linux! The world ... It ends!" shriek the headlines. There's so much hysteria over this it's like a being trapped in pre-teen sleepover. "And when they got home, a bloody hook was hanging from the car door handle!" "SQUEAL!!"
Can we all get a grip, just for a few minutes, pretty please? Ignore all those sources of conventional wisdom who rarely dig into a story, but simply slap together a Frankensteinian blend of warmed-over press releases and quotes from random people who get quoted just because they answered the phone. I know, we all love gossip and drama, but maybe we could put that aside for a little while and at least pretend to be rational, thinking people. Because there is no patent threat. None at all. I know, a lot of Linux fans have nothing to live for if they can't maintain a continual state of righteous indignation against Microsoft. And gosh knows there is plenty to be lathered and dudgeoned about. But there is more to life than being mad all the time, and it's a waste of energy being mad over nothing, which this whole patent hooha is.
We can let the fine spokespersons for Microsoft speak for themselves:
"Gutierrez 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.""All of this blustering and posturing are signs of desperation, a company that has lost its way and cannot find the way back."
Microsoft takes on the free world"We don't believe it's constructive to identify specific products and start labeling them as infringing when responsible companies show an ability to manage patent issues privately."
David Kaefer, Can Microsoft shelling out for Linux be good?"If a customer says, 'Look, do we have liability for the use of your patented work?' Essentially, If you're using non-SUSE Linux, then I'd say the answer is yes."
Steve Ballmer, Ballmer Invites Patent Talks with Competing Linux Vendors
Now really. Do you have to be a legal or patent expert to identify a basket of road apples? Isn't this the same tired unproductive passive-aggressive stance that causes marital problems the world over?
"Ok, what's wrong now?"
"You mean you don't know?"
"That's right, I don't know, so that's why I am asking."
(Fit of weeping, loud nose-blowing.) "Well if you don't know, I'm certainly not going to tell you!"
(Weary sigh) "So what do you want me to do?"
(Perks up) "Buying me something useless, hideous, and frighteningly expensive will make it all better. For a little while."
Can they get any more undignified or childish? This is the biggest software company on the planet, and the most obscenely rich company of all time. Yet they pout, throw public tantrums, and emit the most amazing line of pure baloney on a regular basis. Nothing is ever good enough and everyone picks on them, all those mean governments and unhappy users and mouthy Linux hippies and everyone.
All of this blustering and posturing are signs of desperation, a company that has lost its way and cannot find the way back.
There is a saying in the marketing worldthe more you mention your competition, the more you show you have nothing. Wouldn't it be a radical concept to focus on promoting the merits of their own products and services, and maybe even telling at least a close approximation of the truth? Though that would require having a product line worth touting in the first place. Though hawking crapware has a long and honorable tradition. People will buy anything.
A lot of people smarter than me are calling this "patent threat" a protection racket, and I have to agree. Microsoft does not know how to compete, and will not (openly) use Free and Open Source software, so now it's trying to place a Microsoft tax on sales of Linux. Just like Tier 1 desktop PC customers pay for a Windows license whether they want one or not. Unfortunately it appears that Novell fell for it, and now Microsoft is trolling for more suckers.
If companies want to appease the bully, that's their business. Some folks fear it will set a legal precedent that could be used against all Linux users, not just commercial Linux vendors. I think that's a pretty remote possibility, though in this here modern world you never know what sort of insanity will triumph. And that's exactly what the root of all of this is if you're in doubt that a company can be mentally ill, Microsoft's patent shenanigans make the case for it.
It’s not protection money when Linux is already specifically and purposefully duplicating Microsoft technology in their products. To purposefully dupe Microsoft’s file formats for example then claim they couldn’t possibly be violating their patents on those formats is pretty hilarious.
Well then I hope they have the cajones to assert some specific details with regard to that and more, or else just STFU.
Not surprising if you think about it. But do get your facts straight... LOL.
Torvalds has stated that he doesn't look at patents before he programs, and has suggested that nobody should (lawyer-driven programming, that would bring the industry to a halt). Any possible infringement in the kernel is therefore not purposeful.
I'd wager that 99.99% of software patent infringements are done without knowing there's a patent involved. That is because the work covered by most software patents is obvious and could be accomplished by any competent developer facing the same problem. As you know, it is impossible to write a program of any decent size without infringing on at least one software patent. I certainly didn't know a progress bar patent existed when I put a progress bar in one of my programs. And I guess I'm lucky I stopped working with doubly linked lists before someone patented the idea (does something sound wrong with that?).
But back to the point: It is definitely protection money, FUD, whatever other evil you want to call it, until Microsoft discloses the patents involved so that they can be challenged or Linux made to not infringe. Not disclosing the patents shows that Microsoft wants the infringements to continue, especially in light of Torvalds' statement that he'll work around any patents.
So GE, why do you think Microsoft didn't disclose the patents?
My facts are already straight, as I already said an attorney who works for the FSF already conducted a study thay showed ~300 possible infringements in the kernel alone, only ~10% of which belonged to Microsoft. Richard Stallman already admitted it as well, Microsoft is simply validating what the Linux insiders at FSF already admitted. Don’t believe it take it up with the FSF who made their admissions first.
OSRM was a couple of people wanting to get rich off of the fear of lawsuits originally brought about by SCO. It would make sense that they want such a study so they can increase fear, and thus sales.
Well Torvalds is on record saying quote "whack the guy" if you're ever accused for patent infringement, so that could be one reason.
Are you saying that Linux infringes on those patents?
I would prefer a serious response from the humor-impaired.
As expected from a troll like you, you didn't answer the question, instead responded with FUD.
Here's the question again. Perhaps this time, you can read with a little more comprehension. I'll even Bold it, so it will stand out.
Im sure wed all appreciate you posting a patent number for a Microsoft patent that is infringed by a current Linux distribution. In addition, it would help if you could show how said patent is infringed. Without that, nothing you say on the subject has any relevance, troll.
Oh, and I’d like for you to point out in my post where I said
Not possible, eeevil Microsoft again. You’re quoting it, in your response like I said it, but I did not.
Just going on what Torvalds himself is on record saying, “whack the guy” if ever sued for patent infringement.
LOL at the helplessness, might explain why you’re so gullible. One of them is 5,579,517. Here’s an article about it, I even used a foreign news source, just for you:
http://www.theregister.co.uk/2006/01/11/microsoft_wins_patent_case/
I would think that Standard Oil would top them all.
Wow. Microsoft has a patent on VFAT. How apropos. One would think they'd need a patent for VFAT, since it is one of the least efficient file formats out there, and one of only 3 they support. (FAT, VFAT, NTFS)
Again, please feel free to describe how that could possibly affect me?
If we pull VFAT out (easy enough to do), we'll still be able to use minix, ext, ext2, ext3, FAT, xia, proc, nfs, iso9660, hpfs, sysv, smb, ncpfs, jfs, zfs, RiserFS, and others. It's not like we don't have choices. I've also seen no evidence that they've been able to show that being able to prohibit anyone from being able to read or write VFAT. They might be able to prohibit us from being able to create a VFAT volume, but they can hardly stop someone from being able to read or write to a VFAT. Perhaps you can go find an actual authoritive source for that.
You're such a lame troll. You'd think MS could do better.
I see, you’re just going to throw out the insinuation that Linux is violating the FAT patents without backing it up. Typical.
How about the Fuggers? They also did well at amassing the ducats.
HF
Well, some of it apparently went into the Fuggerei -- maybe as a descendant you could perhaps try to influence them to at least up the visitors' fees and send a bit on to the heirs? (I don't think the rents can be increased. ;-)
There are a lot of bored greedy useless eaters at Microsoft. So what do they do? They try to rip off Linux, sue Linux somehow to bring in some more money. Vista sucks. I have an old unopened copy of Windows XP Pro. Last December it was going for $70 on Ebay. These days I can get $170 because Vista sucks. I'm gonna unload it soon
Dell is selling XP computers now because of the disgust with Vista. Office2007 gets low ratings.
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