[Sosfbay-discuss] Micro$oft saber rattling v open source software community

JamBoi jamboi at yahoo.com
Mon May 14 09:40:07 PDT 2007


http://www.theregister.co.uk/2007/05/14/microsoft_oss_patent_number/

Microsoft puts a figure on open source 'patent
infringements'
Number of the beast
By Chris Williams 
Published Monday 14th May 2007 11:26 GMT

Microsoft's top lawyer says open source software
violates exactly 235 entries in the firm's vast patent
portfolio.

General counsel Brad Smith released the figure to
Fortune as part of Microsoft's long-running campaign
to seed doubts over the legality of Linux and other
open source efforts.

Redmond's licensing boss Horacio Gutierrez said: "This
is not a case of some accidental, unknowing
infringement. There is an overwhelming number of
patents being infringed."

Smith said the Linux kernel violates 42 Microsoft
patents and the GUI stomps on another 65. Open Office
plays free and easy with 45 more, while email programs
do for 15, and miscellaneous open source programs
accounting for the remaining 68.

Smith said: "The only real solution that [the open
source] folks have to offer, is that they first burn
down the bridge, and then they burn down the patent
system."

Microsoft announced no plans to act on the
accusations. Last month the Supreme Court ruled that
patents had been granted too readily in a case between
KSR International and Teleflex Inc. Details here at
Business Week. The patent portfolio run by the Open
Invention Network - a consortium backed by IBM, Sony,
Philips, Novell, Red Hat, and NEC - could slap back
with its own lawsuits against Microsoft if it goes
through with its threats.

Free Software Foundation lawyer Eben Moglen was
wheeled out to repeat the movement's assertion that
algorithms are not patentable. He said: "As the
commercial confrontation between [free software] and
software-that's-a-product becomes more fierce, patent
law's going to be the terrain on which a big piece of
the war's going to be fought. Waterloo is here
somewhere."

The Fortune story, which includes a run-down of the
saga, is here. http://money.cnn.com/magazines/fortune/fortune_archive/2007/05/28/100033867/index.htm?postversion=2007051405

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