Patents schmatents

Has Microsoft’s top attorney done an about face on the patent-infringement uproar that characterized Microsoft’s

relationship with Linux (and open source) in 2007? Not exactly, but close. Microsoft’s general counsel Brad Smith was an interesting choice for the keynote speech on Tuesday at the InfoWorld Open Source Business Conference in San Francisco. He faced a skeptical audience for his “let’s all be friends” speech, and was grilled at the post-speech panel. Those attending the conference characterized Smith as wordy and evasive – which is understandable given the entire context of the situation.

When asked if Microsoft will publish the list of allegedly infringed-upon patents that Microsoft says Linux violates, Smith basically said no. He reportedly claimed publication of the list would be bad business practice. Would Microsoft talk to the Linux Foundation about it? Again, Smith coyly implied that it wouldn’t. Instead, in a roundabout reply, he said that Microsoft will talk to anyone in a position to pay for a license.

Smith emphasized, per Microsoft’s announcement last month, that the company would be supporting more interoperability between Windows/Office and all other third-party apps. He underscored that non-commercial open source software wouldn’t be targeted for any sort of action by Microsoft and insisted that commercial software vendors needed to license, but could do so on the cheap.

Given the expensive pressure Microsoft is under by the European Union (which seemed to have forced Microsoft’s hand on the interoperability front) and Smith’s comments, it could very well be that the patent-threat tactic Microsoft made last year has run its course. Microsoft doesn’t have a face-saving way of saying “Hey, we were just kidding. We tried it. It didn’t work. We’re moving on.”

But if one could read between the lines of Microsoft’s latest announcements, one can almost hear those very words. Almost.

Go to the Microsoft Subnet home page for more news, blogs, opinion.

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