Sorting through rubble after Microsoft's Linux patent bombshell

Linux & Open Source This newsletter is sponsored by Novell From servers to storage: Virtualization saves It's touted as one of the fastest and easiest ways to better manage and control your infrastructure. Download this guide today and see how network IT execs are making virtualization pay off in the real world; discover the 8 virtualization gotchas you need to know; and much more. Network World's Linux & Open Source Newsletter, 05/21/07 Sorting through rubble after Microsoft's Linux patent bombshell By Phil Hochmuth As the open source community digs out from the patent assertion bombshell dropped by Microsoft last week, the situation appears more complex than simple bullying and heavy-handed legal threats from Microsoft against Linux and open source. (Although there was no shortage of that from Microsoft last week). The controversy came from quotes by Microsoft executives in Fortune magazine, claiming that the Linux operating system violates over 200 patents held by Microsoft. "This is not a case of some accidental, unknowing infringement," says Microsoft's general counsel and intellectual property and licensing vice president Horacio Gutierrez. "There is an overwhelming number of patents being infringed." From servers to storage: Virtualization saves It's touted as one of the fastest and easiest ways to better manage and control your infrastructure. Download this guide today and see how network IT execs are making virtualization pay off in the real world; discover the 8 virtualization gotchas you need to know; and much more. Click here to download. Like SCO — which made similar allegations against Linux more than four years ago — Microsoft is not yet revealing what specific Microsoft software patents Linux technology violates. Unlike SCO, Microsoft has billions of dollars, thousands of lawyers. Microsoft however is giving some outlines as to what it thinks Linux violates. This breaks down as follows: the Linux kernel violates 42 patents; the user interface violates 65; Open Office violates 45 patents; open source e-mail applications violate 15; various open source software, another 68 patents. With these incendiary assertions out on the table, Microsoft, oddly enough, spent much of last week trying to assuage critics and show that, while it claims to have the silver bullets to kill Linux and open source, it won't pull the trigger. "Our strategy from everyone in the company … has always been to license and not litigate as it relates to our intellectual property," said Bill Hilf, general manager of platform strategy and director of Microsoft's work with open source projects, in an interview with IDG News Service. Observers also pointed out that Microsoft is backing legislation in Washington, D.C., that would make it harder for patent holders to sue and collect damages from those who infringe on their intellectual property. However, at the same time, Microsoft is growing partnerships similar to the one made with Novell last year — where the two firms agreed not to sue each other's customers over potential, future patent infringement claims. Dell and Samsung ran under this umbrella. "There's no other hidden agenda," Microsoft's Hilf said. "I'm trying to be as clear as I can to people that this isn't a threat. We're not going out and attacking people. We're trying to solve an IP issue." Instead of slaughtering open source with patent lawsuits, injunctions and damage claims, it appears the goal is to milk, or bleed, open source software companies through licensing, and indemnification deals. You can't say there's anything secret or hidden about that strategy.   What do you think? Post a comment on this newsletter

Contact the author: Phil Hochmuth is a Network World Senior Editor and a former systems integrator. You can reach him at phochmut@nww.com. This newsletter is sponsored by Novell From servers to storage: Virtualization saves It's touted as one of the fastest and easiest ways to better manage and control your infrastructure. Download this guide today and see how network IT execs are making virtualization pay off in the real world; discover the 8 virtualization gotchas you need to know; and much more. ARCHIVE Archive of the Linux & Open Source Newsletter. BONUS FEATURE IT PRODUCT RESEARCH AT YOUR FINGERTIPS Get detailed information on thousands of products, conduct side-by-side comparisons and read product test and review results with Network World’s IT Buyer’s Guides. Find the best solution faster than ever with over 100 distinct categories across the security, storage, management, wireless, infrastructure and convergence markets. Click here for details. PRINT SUBSCRIPTIONS AVAILABLE You've got the technology snapshot of your choice delivered to your inbox each day. Extend your knowledge with a print subscription to the Network World newsweekly, Apply here today. International subscribers, click here. SUBSCRIPTION SERVICES To subscribe or unsubscribe to any Network World newsletter, change your e-mail address or contact us, click here. This message was sent to: networking.world@gmail.com. Please use this address when modifying your subscription. Advertising information: Write to Associate Publisher Online Susan Cardoza Network World, Inc., 118 Turnpike Road, Southborough, MA 01772 Copyright Network World, Inc., 2007