Microsoft claims Linux stole 230 patents

[Neil D]

Not exactly sure where to put this, but I am sure this will cause some consternation in the field of computers... Oh, and if you want the complete story, here's the link.

Wants the operating system off by next Tuesday

By Nick Farrell: Monday 14 May 2007, 07:35

MICROSOFT'S top lawyer seems to be hinting that Vole is planning to do a SCO and sue Linux out of the market for nicking its patents.

In an interview with Fortune magazine, Brad Smith claims that free and open-source software violates more than 230 of Microsoft's patents. The Linux kernel violates 42 Microsoft patents, while its user interface and other design elements infringe on a further 65.

Open Office.org is accused of infringing 45, along with 83 more in other free and open-source programs, he said.

It seems that rather than go through the protracted problems of court battles, our intrepid Vole has a cunning plan which involves "encouraging" large tech companies that depend on Linux to ink patent deals.

So far that includes the pact with Novell, Samsung and Fuji Xerox. Vole has been having a quiet word with Red Hat, but not reach a deal yet. It remains open how long Vole will take before it starts encouraging more people into such pacts with threats of legal action.

Carrying a bit stick is not really worth the effort unless you try to use it on at least one company.

Fortune seems to think that it is only a matter of time before Microsoft gets nasty with the companies that do not stump up with an agreement. Some of the big Open Sourcing companies have been stockpiling intellectual property as part of the Open Invention Network with the idea of taking down Microsoft if it tries it.

[bevin]

A recent Supreme Court patent ruling may have a big impact here.

Basically the Court ruled that using a tool for what it was designed to do is not patentable.

For instance: Say you "invent the idea" of painting paper with red and green dots - the court might well rule that was the intended use of paint, even though no-one had done that particular design before!

Then you "invent the idea" of cutting such paper with scissors. The court basically ruled "that is what scissors are for - the idea is not patentable".

This is a huge change in patent law - and will (hopefully) really cut down on the current avalanche of spurious s/w patents.

/Bevin