Microsoft expands Linux patent deals in expected, unexpected places

Microsoft signs on two more companies to patent lawsuit protection deals

Microsoft last week signed on two more companies to patent lawsuit protection deals. One deal, with LG Electronics, is the continuation of a trend among Linux-based cell phone and embedded technology manufacturers. Companies such as LG and Samsung are seeking insurance against future Microsoft lawsuits that may claim patent infringement against Microsoft.

The other deal that emerged last week with Linux distributor Xandros, is more curious.

LG’s deal with Microsoft involves exchanges of money between the two companies (with the amount undisclosed) to license each other’s patented technology. As a result, both companies agree not to sue each others customers for patent infringement. The agreement is similar to the original deal Microsoft made with Novell last fall, and similar deals made with Samsung, Xerox, and others since.

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Microsoft last week signed on two more companies to patent lawsuit protection deals. One deal, with LG Electronics, is the continuation of a trend among Linux-based cell phone and embedded technology manufacturers. Companies such as LG and Samsung are seeking insurance against future Microsoft lawsuits that may claim patent infringement against Microsoft.

The other deal that emerged last week with Linux distributor Xandros, is more curious.

LG’s deal with Microsoft involves exchanges of money between the two companies (with the amount undisclosed) to license each other’s patented technology. As a result, both companies agree not to sue each others customers for patent infringement. The agreement is similar to the original deal Microsoft made with Novell last fall, and similar deals made with Samsung, Xerox, and others since.

While Microsoft claims Linux and associated open source software packages violate over 200 of its patents, it has yet to detail what exact technologies are infringed upon.

Also last week, Microsoft gained its first Linux company partner, in the area of patent protection, since the initial deal with Novell. Xandros, which makes Linux desktop, server and management tools, made an agreement with Microsoft to cross-license (undisclosed) technologies for “interoperability” purposes. The deal also included “covenants” between the parties whereby Xandros customers would be protected from future Microsoft patent-violation claims.

LG’s deal with Microsoft could be seen as just an insurance policy; with 204 million Linux cell phones expected to ship by 2012, the consumer electronics maker is just tidying up any legal loopholes before the embedded Linux cell phone market explodes.

As a Linux company, Xandros’ deal with Microsoft may cause more dismay among defenders of free software development and licensing principles. The open source community has already accused Xandros of “talking to the devil” according to its CEO. It will be interesting to see if this trend grows among other Linux distributors.

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