Implicit threat.
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| Author | Content |
|---|---|
| salparadise Nov 04, 2006 12:27 AM EDT |
Surely, for Novell to have signed this agreement is an acknowledgement that Linux distros (theirs in particular) contain technology that rightfully belongs to Microsoft and that we only remain unsued by the graciousness of Microsoft? And that having thus signed, Novell are effectively pointing the finger at most Linux distros, upon which Microsoft will now gleefully make as much hay as they can get away with. Do we not have the right to know PRECISELY which things in Linux infringe Microsoft held copyrights? (So efforts can be made to remedy this). Some of these patents are unproven in court (such as the MS owned patent on ¨double clicking with a mouse¨) and are entirely bogus and would, in all likelihood, be rejected by a court. But the threat of legal action is worth much more than an actual legal action, where MS know the chances are that they´ĺl lose. The threat effects the way people spend and choose. For any organisation running thousands of computers the threat of having to pay a ¨per machine¨ royalty on something that is used daily is prohibitive. To MS it´s worth more in continued sales of Windows than fighting in court and winning and then seeing the OSS world come up with a replacement over which no patent is owned. Or have I not understood? |
| kjhambrick Nov 04, 2006 4:33 AM EDT |
Could there be a connection between the date of the Microsoft Judgement (Nov 2, 2001) and this announcement ? There was a five-year expiration date ... I have not read the doc in it's entirety but for your reading pleasure try: DoJ vs MS Edit (Shucks) here is the 'link': http://www.usdoj.gov/atr/cases/f9400/9462.htm -- kjh |
| hkwint Nov 04, 2006 3:37 PM EDT |
Those patents are not enforceable in Europe anyway as far as I know, and even in America, lately the high court rejected some software patents, like the Forgent one.
Even if those patents are valid, for a lot of them prior art could be found (remember MS tried to patent some sudo-like stuff). All Microsoft stuff may infringe at least 183 patents (I did some research to show), so listen to who's talking. If Microsoft goes to court and some of their patents will be rejected, that would be a catastrophe to Microsoft, because the astronomical value of their assumed 'IP' will suddenly collapse, and so will their stock rates. I think they rather won't take that risk. The weak patent offer (what is it that they really offer?) shows they don't have much to offer. The patent stuff reminds me of (what I heard about) the cold war: Much threats, almost a war, but eventually no firing; because both parties could lose a lot, but everybody is scared. |
| dcparris Nov 04, 2006 8:38 PM EDT |
So, maybe you should bring up your research in a nice article, Hans! Senior European Editor, Hans! Hint! Hint! |
| herzeleid Nov 04, 2006 8:57 PM EDT |
Quoting: sal paradise: Or have I not understood?Correct. I believe it is true that you have not understood. Novell's position is that Linux does not infringe any valid patents from microsoft or anyone else. As I understand it, this non-aggression pact, this agreement not to sue, is something meant to give the suits, the PHBs, a warm fuzzy feeling, and also to stave off concerns about microsoft going after mono developers. The real question is, is this a sign of weakness by Novell, a sign of weakness by microsoft, or an unexpected machavellian move by Novell, much like Richard Nixon's astonishing 1972 trip to communist China? Time will tell. |
| salparadise Nov 04, 2006 10:40 PM EDT |
What's a PHB? |
| tuxchick Nov 04, 2006 11:00 PM EDT |
sal, it appears your knowledge of the Most Sacred Geek Chronicles is sadly lacking. You will find them here:
http://www.dilbert.com/ PHB is here http://www.dilbert.com/comics/dilbert/the_characters/index.h... 'He's every employee's worst nightmare. He wasn't born mean and unscrupulous, he worked hard at it. And succeeded. As for stupidity, well, some things are inborn. His top priorities are the bottom line and looking good in front of his subordinates and superiors (not necessarily in that order). Of absolutely no concern to him is the professional or personal well-being of his employees. The Boss is technologically challenged but he stays current on all the latest business trends, even though he rarely understands them.' |
| hkwint Nov 05, 2006 2:06 AM EDT |
Quoting:So, maybe you should bring up your research in a nice article, Hans! I already did, in my story '101 patents Microsoft may infringe'. http://lxer.com/module/newswire/view/34440/index.html OK, I'm no lawyer or whatever, but I read some summaries / abstracts of those patents, and anyone can see those software patents are far too broad. Since the functions of MS products are almost never invented by MS, it's kind of logically it infringes patents. Because I say '_may_ infringe', I don't have to prove anything, just like Ballmer did when he said Linux 'may infringe'. Clever! |
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