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Microsoft hits Linux users with 235-patent claim
The shark is hunting for penguin.
By Sumner Lemon, IDG News Service
Published: 06:29 GMT, 14 May 07
Microsoft is asking open-source software users to pay royalties on 235 alleged patent violations.
In an interview with Fortune magazine, Brad Smith, Microsoft's general counsel, and Horacio Gutierrez, the company's vice president of intellectual property and licensing, said open-source software, including Linux, violates 235 Microsoft patents. And Microsoft wants distributors and users of open-source software to start paying royalties for these alleged violations.
"This is not a case of some accidental, unknowing infringement. ...There is an overwhelming number of patents being infringed," Gutierrez said.
Linux group to buy 22 patents from Microsoft | Linux chief calls out Microsoft developers
Microsoft executives in Singapore were not immediately available to comment on the article.
Smith broke down the alleged patent violations during the Fortune interview, saying the Linux kernel violates 42 patents and the operating system's user interface violates a further 65. He went on to claim that the Open Office application suite violates 45 patents and open-source e-mail applications infringe on 15 more. Other open-source software applications infringe on 68 patents, Smith said.
Microsoft has been laying the groundwork for patent claims against Linux and open-source software for some time. Most notably, the company signed a Linux deal with Novell that indemnifies the company against Microsoft patent claims over Linux. Last week, Dell joined the deal, becoming the first hardware vendor to do so.
Microsoft has struck other deals with hardware makers. In April, Samsung Electronics Co. Ltd. and Microsoft signed a cross-licensing agreement that included a clause that indemnified Samsung against Linux patent claims.
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Ja Ja | Published: 03:31 GMT, 27 May 2009
Microsoft realizes that they will inevitably fall, and they are just trying to postpone it but making deals and wasting everybody else's time. Every "better" version of windows is just more packed with crap and due to such is a thousand times more vulnerable. They want it all, but they won't get it, and linux machines will out number windows very soon.
Dennis Collins | Published: 01:12 GMT, 25 May 2007
I don't believe it is Microsoft's intention to sue anyone. What they want is implicit control of Linux via financial agreements with all the major distributors of Linux. If they succeed at this (I don't think will succeed, too many Linux users would raise hell) they would, in effect, own Linux. It is a daring plow. Personally, I think we should all scream bloody murder. If you really want to scare the crap out of MS, accuse them of attempting to gain a monopoly in operating systems by this means. It is exactly what they are trying.
mattias | Published: 22:08 GMT, 17 May 2007
Actually, I wonder how many of these patents would stand after being tested in court? My guess is that most of them would be dismissed and the patents be voided. The handful or so that might survive could probably be worked around anyway.
dmcnair420 | Published: 17:19 GMT, 17 May 2007
Let MS sue, it goes to show that you can't keep producing a worthless product and expect the public to keep paying for it. Computer and hardware makers should be glad that there is a choice. It shouldn't matter how much money MS pumps into the economy, if you can't produce, then you can't play and we should all realize that free software is here to stay...as a programmer, why should I let MS tell me how to think, what to write, and what platform it should run on. bottom line, produce a product that works the first time and is not loaded with problems.
don | Published: 21:08 GMT, 14 May 2007
i am wondering, why in the hell microsoft is not showing which patents are linux using. this is just about publicity,, nothing is going to happens. if microsoft try to go to court, they will lose, because they have patented spell chaker, so according to them, no one else can't use it.
joe f. | Published: 11:05 GMT, 14 May 2007
Where is the other side in this article? The F/OSS guys aren't hard to find, and I assume they have a comment. Printing unsupported allegations without comment from the other side is not journalism. That's public relations. I know, I've done both. So if you're an arm of MS PR dept., please state that somewhere on the page. This also seems to be part of Microsoft's plan. It's similar to throwing out a number and not naming anything, because then nobody can defend themselves. If they make specific claims people could tell their sides or change their code. By not doing so, MS gets the benefit of spreading fear, and because you're printing it, they get the benefit of you, your talents, your medium and your relationship with your audience all for free. That makes you a tool (not in the normal derogatory sense of the word). How's that feel?
joe f. | Published: 07:55 GMT, 14 May 2007
Where is the other side in this article? The F/OSS guys aren't hard to find, and I assume they have a comment. Printing unsupported allegations without comment from the other side is not journalism. That's public relations. I know, I've done both. So if you're an arm of MS PR dept., please state that somewhere on the page. This also seems to be part of Microsoft's plan. It's similar to throwing out a number and not naming anything, because then nobody can defend themselves. If they make specific claims people could tell their sides or change their code. By not doing so, MS gets the benefit of spreading fear, and because you're printing it, they get the benefit of you, your talents, your medium and your relationship with your audience all for free. That makes you a tool (not in the normal derogatory sense of the word). How's that feel?
JLR | Published: 07:53 GMT, 14 May 2007
This is not about Microsoft VS Open Source Software. Its about an entire industry of commercial software providers trying to maintain the value of their software products. Microsoft spear heads commercial software. Microsoft generates billions of dollars a year. Governments are likely to side with Microsoft on legal issues because the system is based on capital. Governments would lose billions of dollars in taxes generated by Microsoft If people woke up and realized that free and open software solutions can do just about anything a Microsoft product can do. A copy of windows only has value if people use it. Several years ago I was asked how Microsoft could ever compete with free offerings like Linux. I knew Microsoft would reduce the prices of its offerings especially in emerging markets around the world and now we see 3.75 cents versions of windows for sale in poor markets. This reveals the real game. The profits that Microsoft makes are not justified and the world is beginning to see
dingbat | Published: 07:13 GMT, 14 May 2007
Ah, here we go. The survival of the fittest was always about adaptiveness to change. Microsoft has become weak, ineffective and bloated, and all they can come up with is fall back on their patent portfolio to attack the competition. Actually releasing something with added value in a changing market, apparently is too hard... One could also point out that adding numbers to the general claim of infringement, does not a solid case make. Like the the OpenSource guys say: show us the code!