Novell Microsoft, Redux

[Colin McGregor]

--- David J Patrick <davidjpatrick-rieW9WUcm8FFJ04o6PK0Fg at public.gmane.org>
wrote:
> On 17/11/06, Jamon Camisso
> <jamon.camisso-H217xnMUJC0sA/PxXw9srA at public.gmane.org> wrote:
> >
> > So I saw this today:
> >
>
http://www.computerworld.com.au/index.php/id;839593139;fp;16;fpid;1
> >
> > Just when you thought the fuss had died down...
> >
> > "In a question-and-answer session after his
> keynote speech at the
> > Professional Association for SQL Server (PASS)
> conference in Seattle,
> > Ballmer said Microsoft was motivated to sign a
> deal with SUSE Linux
> > distributor Novell earlier this month because
> Linux "uses our
> > intellectual property" and Microsoft wanted to
> "get the appropriate
> > economic return for our shareholders from our
> innovation.""
> >
> > and
> >
> > "Only customers that use SUSE have paid properly
> for intellectual
> > property from Microsoft," he said. "We are willing
> to do a deal with Red
> > Hat and other Linux distributors." The deal with
> SUSE Linux "is not
> > exclusive," Ballmer added.
> >
> > Outrageous.
> 
> 
> the gloves are OFF !

No, not yet. Sounds like Microsoft starting to use the
Novell deal to do an updated version of their "Get the
Facts" FUD (Fear Uncertainty Doubt) campain. Key
problem here is that the US patent system is seriously
messed up. So:

- Does MS have a whole pile of garbage patents that
should never have been issued? Yes.
- Have some open source programmers unwittingly
infringed on some MS patent(s)? Almost certainly. 

The key question is will any of this go beyond saber
rattling? Yes, MS could sue, but then what happens?
Would IBM and/or RedHat go after MS for their
infringing on other garbage patents? A patent war with
the open source community would likely be a total war,
which if it brought in IBM and/or US anti-trust
regulators could get very unpleasant, very fast for
ALL sides.

In other words, until MS actually files a lawsuit
against someone I would basicly ignore it all. Once a
lawsuit is filed, then the gloves come off (and the
nukes get armed).

Colin McGregor

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