Why Microsoft Wont ID Patent Violations
Published May 14th, 2007
http://neosmart.net/blog/2007/microsoft-linux-patent-violations/
Earlier today, Microsoft announced it will begin actively seeking
reparations for patent infringement by Linux and the Open Source Community
in general. Larry Augustin posted his thoughts on the matter, expressing
his opinion that its fear of having these IP-infringement claims debunked
or challenged thats keeping Microsoft from publishing these 235 alleged
infringements to the public - and instead waiting until the OS community
comes to the bargaining table. But lets be realistic, shall we?
If Microsoft Corporation doesnt have the biggest and baddest team of
lawyers law firms, who does? Its probably safe to assume that more than
half of these patent infringements really are just that. Put aside the
legitimacy of software patents in the first place and just look at the
facts as they stand. Open source software gets its code from millions of
developers and no amount of auditing or quadruple-checking will ensure
clean-code. Despite Microsofts claims of "openly and knowingly" engaging
in patent-violations, thats most probably not the case.
But the real reason Microsoft does fear revealing the actual numbers and
patents behind the IP-violation claims is that they can be worked around.
235 patents. 235 different issues, components, technologies, programs, and
ideas. Most likely somewhere between 30-50% are extremely vague and
fringe-cases that can disputed either way from here to kingdom-come and as
such arent of any real significance.
But the remaining 150 or so issues -- theyre the real meat, and thats
where Microsoft is afraid -- most rightly so. US patent laws -- despite
all their ridiculous demands and restrictions -- do provide for time to
rectify errors/transgressions assuming they werent knowingly committed.
Now if you told every single open-source contributor, every avid Linux
programmer, every commercial entity whose entire existence depends on the
free availability of open source software exactly what was wrong, to what
extent, and how it needed to be changed to no longer be an issue -- how
long do you think it would take for all these violations to vanish into
thin air?
It is much more in Microsofts benefit to have the open source community
in "its debt," so to speak, paying "royalty fees" and constantly under
fear of being shut-down than it is for Linux and other open source
projects to be 100% clean and out of legal quagmires. It makes too, in a
twisted sort of way. If you cant get everyone to buy your products, why
not make money off of those that dont as well?
The fact of the matter is, no matter how serious these patent violations
are, any patent clearly-worded and not vague in purpose is addressable. It
may take some time, effort, and tons of money to make it work; but chances
are, its doable. So long as Microsoft hasnt patented the right-mouse
context menus, the concept of a desktop, or the word "Office," the open
source can - if the need arises - clear all these issues up and move on
ahead.
-[Manny [EMAIL PROTECTED]
Philippine League for Democratic Telecommunications, Inc. (PLDTI)
The PHNIx Network (www.phnix.net)
Blog: mamador.wordpress.com
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