Linux Violates Microsoft's Patents - Final Part

Linux Violates Microsoft's Patents

So sue me!

Through this calculated move to declare that GNU/Linux infringes on its patents, Microsoft may be trying to take the shock and awe game to the next level. There is a possibility that Microsoft might now get into low-profile talks with industry players and convince them to sign cross-licensing deals. To push its agenda ahead, Microsoft might even try to slap some lawsuits against competitive companies. Even if the court rejects appeals relating to the first round of patents, Microsoft would be ready with another set. It has enough resources to drag a legal dispute. In a situation like this, the defending company would be forced into an out-of-court settlement. And that translates into one thing: crosslicensing and royalties.

''It seems unlikely that they would go after the Linux companies initially, who have everything to lose and so would fight to the end. It's much more likely that they would first go after a company whose use of Linux or open source is incidental, so Microsoft could reasonably force them to switch back to MS software or to pay a small fee to settle. But the history of SCO trying to do the same thing is probably discouraging Microsoft from going any further than they are today,'' says Behlendorf.

Many industry experts feel that it would be a poor idea for Microsoft to scare GNU/Linux users through patent infringement threats because almost every company has a mixed environment. Along with the open source solutions they use Microsoft products as well. It would make no sense for Microsoft to alienate its customers. Besides, some governments are also major users of proprietary software, even as they advocate open source software. It's nearly impossible to sue a government.

Will Microsoft sue the larger supporters of GNU/Linux, such as Sun (which pays many OpenOffice.org developers), IBM or Red Hat?

Wasserman believes that, ''It would be a bad idea for them to sue people or companies. SCO has spent six years trying to pursue similar claims against IBM with no success. IBM is very well prepared to fight Microsoft on this issue, and Microsoft might well lose many of the patents that it claims as its own. I would also note that IBM has recently stated that it would not pursue claims on many patents that it holds, effectively giving them to the open source community. Finally, the stock price of Red Hat has not changed significantly since the Microsoft announcement, an indication that the investment community does not view the claims as a significant potential threat to Red Hat's business.''

There is another reason why Microsoft might not want to take some companies to court for patent infringement. In a recent high-profile dispute, involving Microsoft and AT&T, the US Supreme Court sided with Microsoft rejecting AT&T's claims that Microsoft infringed on its patents. In a separate case, judges also made it clear that courts should be more flexible in the way they interpret the standards governing whether patents are valid or merely obvious' combinations of previous inventions.

''I'm not a lawyer, but I did understand that decision to make it tougher to litigate internationally on software patents. The US Supreme Court, in another recent decision, also seemed to raise the bar for obviousness of patents by invalidating one patent that was a mere combination of two prior innovations. Microsoft has actually been fighting to limit the power of patents in some of these cases, and supports the patent reform bill currently in front of the US Congress. It makes sense -- remember the Eolas decision? Bad patents, and bad patent law and precedent are just as dangerous to Microsoft as they are to open source -- perhaps more so,'' says Behlendorf.

May the force be with you

It has been made abundantly clear that big companies are in a much stronger position to counter Microsoft's shock and awe game. But, there is some element of fear amongst small developers or start-ups that want to stick to GNU/Linux. Who would come to the rescue of small players if Microsoft decides to go after them?

''We are engaged in improving software patents, as well, through our Open Source as Prior Art Program. Also, as I stated before, with our members' backing, the Linux Foundation has created a legal defence fund to defend users or developers of open source software against malicious attack. Organisations like the Linux Foundation exist to defend the community in cases like this. In addition, when you take on a single member of this community, you take on everyone. That is a powerful force,'' declares Zemlin with passion and conviction.

These words very well address the fear, if there was any!

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