MS will have licenses
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| Author | Content |
|---|---|
| Sander_Marechal May 15, 2007 4:16 PM EDT |
I think the problem is that IBM and MS will have a cross-license deal regarding old Unix and Windows. We don't need patents that MS might infringe, we need patents that MS actually infringes because it does not have a license for the patent. OIN is just that :-) |
| maggrand May 16, 2007 3:41 AM EDT |
That don't mater if they might or really do infrige on a patent. It only shows that Windows is a bigger minefield that Linux is. Goal accomplished. Its FUD in the reverse way. |
| dinotrac May 16, 2007 5:19 AM EDT |
>Goal accomplished. Its FUD in the reverse way. Hmmm. What was that phrase? Oh yeah, it was "Mission accomplished..." Sorry pal, but it ain't that way. In the case of Linux, users can be quite sure of two things: 1. There are no patent licenses. An infringement is an infringement. 2. There won't be any patent licenses. Once informed, kernel hackers can work around patents, but there is a gotcha to that. If the patent covers something truly useful and innovative, something that really does make the OS slicker, faster, more stable, more secure, whatever, there is a chance that Linux will be forced into inferiority. Not a very big chance, but not zero. Microsoft, on the other hand, may already have licenses for the technology that it uses, hence no infringement. Alternatively, it could enter into an agreement to license technology. Microsoft has been sued for patent infringement in the past. So far, its customers have not suffered as Microsoft has fought patents or paid out millions. |
| bigg May 16, 2007 6:24 AM EDT |
I wonder how the patent misuse doctrine plays into this. As I recall, the patent misuse doctrine says a patent is valid, but cannot be enforced, if the owner of the patent is trying to go beyond what is intended by granting patent protection. I would say that stifling competition in the market for operating systems goes well beyond the intention of any of the individual patents granted to Microsoft. |
| dinotrac May 16, 2007 6:55 AM EDT |
>I wonder how the patent misuse doctrine plays into this. Not at all would be my guess. The standards are pretty high. |
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