I think this strategy really works best as a bluff (in fact the partnerships
between MS and Novell et al shows that it is working).  Once the bluff is called
is a different matter.  
MS has admitted that it is not actually code that has been purloined but 
ideas.  Even if MS could defend these patents (and the Supremes recent decision 
makes that even more questionable) it has to be a public
relations disaster.  I think the winning situation for Open Source community
is to dare or drag MS into court.  Makes me wish I was a patent lawyer.

Art Clemons <[EMAIL PROTECTED]> wrote: TJP:
> Unfortunately, even if all its claims are without merit, who would have 
> the money to defend against the bottomless resources of MS?


If I had money to bet, Sun and IBM have a strong incentive not to let
its "software" patents go forward.  Frankly, I have always believed and
felt that software patents were not and are not a good idea for any
nation.  The same concepts incidentally apply to letting folks patent
the genome of one individual in medical and scientific matters.  There's
nothing there to patent!

MS has only so much money for legal fees, it also has to constantly
defend itself against infringement claims.  It's also taking an awful
risk in trying to assert patents that are questionable just as the
Supreme Court has apparently made it easier to challenge patents.  It's
relatively cheap to challenge asserted patents compared to a trial over
infringement, guess what most companies with a fear MS will sue now have
a strong incentive to try?


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