Open source envy over 235 violated Microsoft patents
By John.Obeto on Wed, 05/30/07 - 2:09pm.In my post here, I repeated Microsoft’s position that free and open source and Linux (hereinafter referred to as foux) infringes on no less than 235 Microsoft patents.
The open source crowd's invidiousness over Microsoft's patents, and indeed, it's (Microsoft's) entire IP portfolio and good fortune reached a defeaning crescendo this past week, with everyone and their shadows weighing in.
A little backgrounder:
In the May 14, 2007 issue of Fortune magazine, Microsoft general counsel Brad Smith, and licensing chief, Horacio Gutierrez informs users about the exact number of patents that are being infringed upon by the foux crowd.
Nowhere did they say they were going after any single individual or entity.
Though, they are entitled to that.
Do they have patents?
Without a doubt, yes.
Should they enforce them?
Yes.
You would think Microsoft’s legally obtained patents would be respected.
After all, it is Microsoft’s lawful property.
If they do not defend their IP vigorously, and those patents fall into disuse, then it invariably invalidates those patents.
What they have tried to do, is have the infringers agree contractually, to infringing on the patents in question, and to giving them (Microsoft) a merely trifling amount of money for compensation for the gi-normous amount of money that went into the development of those patents.
Reasonable, isn’t it?
To regular humans, yes.
However, to those troglodytes in the foux crowd, it is an affront.
Well, it is time to pay the piper: you steal (and make no mistake, what is being done is stealing, the criminality of which is still undeclared) IP belonging to a legitimate owner, be prepared to pay for that privilege. Just because you champion a free tableau, does not make theft OK.
Already you have man+dog coming out of the proverbial woodwork weighing in on this situation.
Discounting the neo-communistic ravings of Stallman and the maniacal rants of Moglen, we chance upon the following four opinions, which, in the light of their absolute absurdity, I highlight here.
Linus: Linus is yapping about Microsoft’s need to declare which products, and which patents. Err, sorry, Li. Not the way it works in the US of A, boy-o. The onus is on you to find out whose toes you might be steppin’ on, not the other way around.
Henderson: A blogger on this very site, Tom Henderson, wrote an op-ed piece titled, “A call to action against Microsoft’s open source threats”. In the article, he advises Microsoft to develop a Microsoft Linux distribution if, in fact, open source is infringing on Microsoft’s IP. He further opines that if there were some sort of action brought by Microsoft, then open source developers would go underground to steal IP and incorporate them in shipping products.
Is that an absolutely moronic piece of work or what?
Are you kidding!
Guy, let me shed light on those two asinine points.
1) Feel free to wait until Hades becomes a Sub-Zero mega-mart before Microsoft releases a Linux distribution
2) If the developers of open source go underground after more theft of Microsoft’s IP, fine. Their products will continue to be niche products, and even then only in the hands of the very few, as corporations and large-scale enterprises would not touch them for fear of litigation, as conspirators, either before, during, or after the fact.
Brander: this longtime Microsoft-basher , whose column in the print version of this site should be called The Microsoft Bash, thinks Microsoft is trying to outdo SCO in the sleaze department. How stupid is that assertion!
Metcalfe: this generation’s Cassandra*, LOL. Metcalfe asserts that Microsoft, without the aid of the government, would need a pair of F-16s to enforce his copyrights. If that is what it takes, then I suppose Microsoft would have to do so.
Funny though, that this is coming from a yob who insists on adding the words, 'the inventor of Ethernet' to every article he pens, or any description of him.
Bob, you are so out of touch as to be irrelevant.
Turn the page already.
It is waaay past 15 minutes. Go away.
*(While Metcalfe was previously well known as the inventor of the word 'Ethernet', he is more recently renowned for his 1995 apocalyptic proclamation about the end of the world sometime in 1996. Since that time, he has tried, IMHO, to make light of that statement.
In fact, the only sane person in the open source crowd is fellow African, Mark Shuttleworth, of Canonical, who correctly observes that the patent system, as currently run needs to be improved upon.
Can you believe the ‘nads on the foux cattle?
Did I hear anyone of them weep for Microsoft, which has paid out over $4 billion USD over the past few for patent licenses and infringement?
Per my policy of not linking to absurd columns, I have provided no links.
Pat me on the back for standing up to these fools here, or drop me a line at john.obeto@absolutevista.com.
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