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Microsoft demands royalties for open source software

By Sumner Lemon , IDG News Service , 05/14/2007
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Microsoft reportedly wants open source software users to pay royalties on 235 alleged patent violations.

In an interview with Fortune magazine, Brad Smith, Microsoft's general counsel, and Horacio Gutierrez, the company's vice president of intellectual property and licensing, said open source software, including Linux, violates 235 Microsoft patents. And Microsoft wants distributors and users of open source software to start paying royalties for these alleged violations.

"This is not a case of some accidental, unknowing infringement. ...There is an overwhelming number of patents being infringed," Gutierrez said.

Microsoft executives in Singapore were not immediately available to comment on the article.

Smith broke down the alleged patent violations during the Fortune interview, saying the Linux kernel violates 42 patents and the operating system's user interface violates a further 65. He went on to claim that the Open Office application suite violates 45 patents and open source e-mail applications infringe on 15 more. Other open source software applications infringe on 68 patents, Smith said.

Microsoft has been laying the groundwork for patent claims against Linux and open source software for some time. Most notably, the Redmond, Wash., software company signed a Linux deal with Novell that indemnifies the company against Microsoft patent claims over Linux. Last week, Dell joined the deal, becoming the first hardware vendor to do so.

Microsoft has struck other deals with hardware makers. In April, Samsung and Microsoft signed a cross-licensing agreement that included a clause that indemnified Samsung against Linux patent claims.

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Microsoft's royalty demands on open source: I don't think soBy Anonymous on May 14, 2007, 9:28 amThis is bullsh-t. How many ideas and how much code have MS$ stolen from Unix - what, half of its operating system? Give us a break, Microsoft, and stick to your...

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Can Microsoft become anyBy Anonymous on May 14, 2007, 10:12 amCan Microsoft become any bigger Pr**ks?

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..not to mention..By cbaines on May 14, 2007, 11:24 amwhat they copied from the Mac OS over the years! What absolute gall!

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Not a new claimBy Paul McNamara on May 14, 2007, 11:55 amTurns out Microsoft has put a number on this alleged patent infringement before.

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Microsoft demadns royalties for open-source softwareBy Bill Baker on May 14, 2007, 1:43 pmDoes anyone remember Olaf Soderblom? He kept sending letters demanding royalty payments for his Token Ring patents that had IBM’s backing. Not sure what happened...

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Reeks of SCOBy Travis on May 14, 2007, 1:56 pmGiven that, IMNSHO, the US legal system is severely screwed up... who knows how this could play out. But having said that: They refuse to give any examples...

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