Microsoft's Ballmer talks the talk

If Steve Ballmer didn't exist, reporters and columnists would have to invent him. A couple of weeks ago, the trade press, the business press and even the general press was all lit up with screaming headlines claiming that Microsoft was going to sue people using Linux for patent infringement. They all cited a speech that Ballmer gave to the Asian Government Leaders Forum on Nov. 18 and said Microsoft was going to wage all-out war on open source software.

It was revealed in only a small handful of the publications, though, that Ballmer was merely quoting from a report ("There was a report out this summer by an open source group that highlighted that Linux violates over 228 patents.") written by Open Source Risk Management, an organization self-described as existing ". . . to support the continued strength and growth of free and open source software through a comprehensive offering of sophisticated risk management products and services." Bruce Perens, noted Linux defender (and Microsoft basher), is on the board of directors.

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If Steve Ballmer didn't exist, reporters and columnists would have to invent him. A couple of weeks ago, the trade press, the business press and even the general press was all lit up with screaming headlines claiming that Microsoft was going to sue people using Linux for patent infringement. They all cited a speech that Ballmer gave to the Asian Government Leaders Forum on Nov. 18 and said Microsoft was going to wage all-out war on open source software.

It was revealed in only a small handful of the publications, though, that Ballmer was merely quoting from a report ("There was a report out this summer by an open source group that highlighted that Linux violates over 228 patents.") written by Open Source Risk Management, an organization self-described as existing ". . . to support the continued strength and growth of free and open source software through a comprehensive offering of sophisticated risk management products and services." Bruce Perens, noted Linux defender (and Microsoft basher), is on the board of directors.

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The author of the study, Dan Ravicher, an attorney and executive director of the Public Patent Foundation, tried to claim Ballmer misquoted the study (he didn't quote it at all, merely referenced it) then went on to say that all operating systems might face patent infringement issues. But no amount of lawyer-speak can obfuscate the fact that Ravicher did say that Linux might face action on more than 283 (not 228) patents.

Anyone suing Microsoft because Windows infringes a patent better have extremely deep pockets. Anyone suing a Microsoft licensee should know that they'll be taking on Microsoft and its lawyers (based on the indemnification program it announced two weeks ago). But suing a Linux licensee is more like those early season football games that Big State U. has against County Computer College. You know, the ones were the final score is 96-0.

Microsoft won't have to sue any Linux licensee for patent infringement because there are plenty of patent-holding companies whose sole product is litigation over intellectual property. Ballmer doesn't have to threaten anyone, just remind them that we do live in a litigious society, in his own inimitable style, of course ("Some day . . . somebody will come and look for money to pay for the patent rights for that intellectual property"). Keep talking, Steve, there's lots of ink left to write with!

Tip of the Week

Mark your calendars! NetPro's 4th annual Directory Experts Conference is coming to Vancouver in March. It's the conference for those in the Active Directory trenches every day. I'll be there, hope you will be, too.

Read more about software in Network World's Software section.