Darren New wrote:

Since the code is now released, you can rewrite the Java/JVM code to go *around* any patent. You can't do that with the CLR.

You've heard of Mono, yes? Why can't you rewrite Mono to "go around" any patent?

Because Mono now has a "Microsoft patent license" implication thanks to Novell. The actual *creation* of Mono is now suspect since it isn't considered to be a "clean room" implementation, anymore.

(Incidentally, I'm pretty sure you never litigated any software patents, or you wouldn't be quite so flip about it.)

Wrong. I've been through this several times. I actually provided the testimony for a rather novel defense for breaking a "submarine" patent. It had to do with the fact that the language used in the patent hadn't been invented at the time they claimed it was filed.

Besides Microsoft doesn't *care* whether the patents are valid. They have them, and it costs money to *overturn* them. You have to *fight off* Microsoft, and very few people have that kind of resources.

Pretty much. As long as Java/JVM remains a viable alternative, Microsoft will leave the open source CLR/.Net people alone. The moment CLR/.Net becomes the dominant player, then they'll cut them off.

I fail to see how that makes any business sense. In any case, who would they sue?

Any business that uses something based on Mono.

Microsoft doesn't care if Miguel de Icaza masturbates to .Net fantasies.

They do care if businesses start developing large applications that bypass their control by using non-Windows development tools and environments. Consequently, they will go after the businesses that *use* Mono rather than create it.

-a

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