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Microsoft's licence threat to Linux
Daisuke Wakabayashi and Jim Finkle
MAY 16, 2007
MICROSOFT has made its biggest challenge against open-source software,
including Windows rival Linux, claiming that such programs violate 235
Microsoft patents and saying it will seek licence fees.
The world's largest software maker said that various open-source packages
violate patents it holds in areas related to graphical user interface, email
programs and other technology.
"The real question is not whether there exist substantial patent
infringement issues, but what to do about them," Microsoft vice president of
intellectual property and licensing Horacio Gutierrez said in a statement.
Microsoft sent the statement to reporters via email, detailing a stance that
it disclosed in an article that appeared in Fortune Magazine.
Linux is the most popular type of open-source software, or computer programs
that developers can download and modify as long as they share those changes
with the public. The packages, which are often available for free, have
gained in popularity over the past decade, taking market share away from
Microsoft.
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While dozens of versions of the Linux operating system are available for
free download, Red Hat and Novell develop and sell versions of Linux used to
run servers and mainframe computers in corporate data centres.
Last year, Microsoft signed a marketing, technology and patent agreement
with Novell, saying it wanted to enter into similar pacts with other
open-source software companies.
That agreement, which includes a clause that Microsoft will not sue Novell's
Linux customers, incensed the community of open-source software developers,
because they said Microsoft would use it to back claims that its intellectual
property is being violated by code in Linux and other open source software.
Eben Moglen, founding director of the Software Freedom Law Centre, called on
Microsoft to disclose the patent numbers of the 235 patents it believes are
being infringed upon so that the free software community can evaluate its
claims.
"They should name their patents," Mr Moglen said. "They should put up or
shut up."
The Software Freedom Law Centre is a non-profit legal services organisation
that provides free legal aid to developers of open-source software.
Red Hat officials couldn't be reached for comment.
Novell chief executive and president Ronald Hovsepian said Linux did not
infringe on any patents. He told the Reuters Global Technology, Media and
Telecoms Summit in New York on Tuesday that the deal with Microsoft was
focused on not suing each other's customers.
Novell had not endorsed Microsoft's patent claims, he said. "We just both
agreed to disagree," he said.
In its statement on the issue, Microsoft played up its partnership with
Novell, saying that customers worried about intellectual property claims
should buy their Linux software from Novell.
Reuters
Daisuke Wakabayashi and Jim Finkle
MAY 16, 2007
MICROSOFT has made its biggest challenge against open-source software,
including Windows rival Linux, claiming that such programs violate 235
Microsoft patents and saying it will seek licence fees.
The world's largest software maker said that various open-source packages
violate patents it holds in areas related to graphical user interface, email
programs and other technology.
"The real question is not whether there exist substantial patent
infringement issues, but what to do about them," Microsoft vice president of
intellectual property and licensing Horacio Gutierrez said in a statement.
Microsoft sent the statement to reporters via email, detailing a stance that
it disclosed in an article that appeared in Fortune Magazine.
Linux is the most popular type of open-source software, or computer programs
that developers can download and modify as long as they share those changes
with the public. The packages, which are often available for free, have
gained in popularity over the past decade, taking market share away from
Microsoft.
ADVERTISEMENT
While dozens of versions of the Linux operating system are available for
free download, Red Hat and Novell develop and sell versions of Linux used to
run servers and mainframe computers in corporate data centres.
Last year, Microsoft signed a marketing, technology and patent agreement
with Novell, saying it wanted to enter into similar pacts with other
open-source software companies.
That agreement, which includes a clause that Microsoft will not sue Novell's
Linux customers, incensed the community of open-source software developers,
because they said Microsoft would use it to back claims that its intellectual
property is being violated by code in Linux and other open source software.
Eben Moglen, founding director of the Software Freedom Law Centre, called on
Microsoft to disclose the patent numbers of the 235 patents it believes are
being infringed upon so that the free software community can evaluate its
claims.
"They should name their patents," Mr Moglen said. "They should put up or
shut up."
The Software Freedom Law Centre is a non-profit legal services organisation
that provides free legal aid to developers of open-source software.
Red Hat officials couldn't be reached for comment.
Novell chief executive and president Ronald Hovsepian said Linux did not
infringe on any patents. He told the Reuters Global Technology, Media and
Telecoms Summit in New York on Tuesday that the deal with Microsoft was
focused on not suing each other's customers.
Novell had not endorsed Microsoft's patent claims, he said. "We just both
agreed to disagree," he said.
In its statement on the issue, Microsoft played up its partnership with
Novell, saying that customers worried about intellectual property claims
should buy their Linux software from Novell.
Reuters