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Microsoft Patent Claims Unfold

16 05 07 - 13:31


Microsoft have elaborated a bit on their Patent Claims,For those who don't know, MS are saying that FOSS probably steps on about 235 patents. They are now describing the General Areas to which these Patents apply. However even the Register has noted how feeble this attack appears to be. MS used to strike fear into the hearts of its competitors, but nowadays it is something of an industry joke.

As you would expect there have been a few replies to this Publication by Microsoft. Linux Torvalds has replied, stating that he doesn't believe that they have anything substantial, and also that if The Windows code were available to the same scrutiny that the Linux code is, Windows would probably violate just as many patents.


The CEO of the Open Innovation Network (Funded by IBM) has stated that he believes that MS probably steps on quite a few of their patents, and that should MS launch patent litigation against FOSS then the OIN would retaliate in kind.


Jonathon Schwartz of Sun has also replied, although not everybody has agreed with his points. He warns MS that they will only scare away their own customers.

This is what the legal enforceability of software patents brings about, with IBM and OIN on one side, and MS (probably with Novell) on the other, it is Mutually Assured Destruction for all should anyone launch Patent Litigation. As someone wisely commented, Software Patents are very similar in kind to the Cold war, if someone launches a missile, everyone will launch theirs.

Hopefully this will at least show the world that Software Patents are something that we just do not want.