Microsoft wants royalties from Linux and OpenOffice

Microsoft wants royalties from users and distributors of open-source software which it claims violates 235 of its patents reports Fortune magazine. As an example it says the Linux kernel infringes on 42 patents, while its user interface and design elements infringe on a further 65.

Microsoft CEO Steve Ballmer says its open-source competitors need to "play by the same rules as the rest of the business" and that "what's fair is fair."

Rather than going to court though, Microsoft seems to be employing a cunning plan which involves "encouraging" large tech companies that depend on Linux to ink patent deals with them. It seems that it'll only be a matter of time before Microsoft starts getting "nasty" with those companies who don't come around to their way of thinking.

[nice_cuppa]

same rules should apply to all !

if microsoft has to pay for these sort of things as has been reported here before !

then others should have to when its microsoft with the patents !

[QuackPot]

If they had a case they would be taking all the major Linux distributions(Redhat, Suse, Ubuntu, Debian, Mandriva) to court and finally put an end to LINUX.

We know they have the money....so why don't they do it?

Or is it all just Pi$$ and wind.

Note: IBM is now selling machines with Linux. Yes, that's IBM....one of the biggest tech patent holders in the world. Are they worried about M$ scaremongering. Nope. Now that would be a court case worth watching...IBM vs Micro$oft. Hmmmmmmmmmmmmmm?

[JDW]

Why should anyone bother to develop new code and products then when they know that anybody can use the research they spent many years and lots of money developing. That is what will happen if you cannot patent new codes that are written.....the business will slow down and development will be slower.

[ben hates you]

i'm mean microsoft gives large amounts of its money back in charity, bill & melinda foundation rocks

[nice_cuppa]

i hate patents like this !

all im saying is is microsoft have to pay so should others have to pay microsoft !

with any luck this will blow up big time and the patent laws will be changed !

[Rooted_Dust]

Is it even possible to claim royalties on something that is free?

[BIadestarX]

Even worst... the value can be calculated + damages cause by a company selling it for free... So, even if linux is free... the company distributing the software can be held accountable for loses, and would have to pay the money and/or pull the product of the market.

[BIadestarX]

When microsoft is sued everyone jump of joy. Also people believe that only microsoft can violate patents... Well, I really hope microsoft does the samething that other companies are doing to them; it's only fair. To be honest with you, I believe the patent system sucks, since it only hurts the end user. but rules should apply to everyone, not just to microsoft. Microsoft should use all their resources to have some payback against other companies; specially those that are in direct competion with them and would do anything to destroy them. And they should do it now.

[JasonPC360PS3Wii]

And Microsoft or any company for that matter is in the business to give sh!t for free.

[bootsielon]

But Open Office is free, and so is Linux. So there's no reason anyone should pay anything to MS.

[gta_cb]

hmm not to sure, but i think MS should deff carry this out and not give up.
saying that i am about to install Linux lol

[gta_cb]

just refering to my last post reason why im not to sure is cos, it doesnt cost anything to instal Linux, so infact im not sure how Linux makes there profit

[XxZxX]

WOW..freaking unbelievable when i see XBOT spin this to a good thing. No more open office?? Well Fuk you microsoft. If that's no open office, you will be sure there will be more pirates.

[Pheneus]

even though these products are free they take business away from microsoft, just like microsoft did to netscape with internet explorer. It is actionable and if they go to court they will win. It will be a sad, sad day for the lovers of Torvald's work.

[Odion]

MS didn't make this stuff for some moron Linux lovers to give it up for free. They should crush Linux like the music industry crushed Napster.

Also if this does go through Sony will end up having to pay as well as they have both Linux and Open Office on their systems.

[tk]

First MS tried to fund the SCO legal battle against Linux. Saw it go really really bad. Just check Groklaw for a history on this battle. Now they try to get into the action as the SCO front is failing so badly that it is about to get de-listed.

Now - the parties on the other side - IBM - has a enormous patent portfolio, willing to use it against MS. Oh - and don't forget - MS will have to sue their own customers - like Walmart. I mean - just imagine suing their own resellers and imagine how willing they will be to carry your product.

And before we forget - what about all that Opens Source code in MS products? Like the TCP/IP stack lifted from BSD. And the compression algorithms that is used in Office - you know - the one that when they issue a vulnerability - affected products include Office. Oh - and jus imagine - what about the closed guarded code that no one may see - what if they infringe on Open Source patents - would that not be fun in discovery. OH - and why the same tactic as SCO - you infringe - pay us - but we will not tell you which patents.

And not too long after today - I predict that Rob Enderle and Laura Didio (hope the spelling is correct) will again trumpet the doom of Linux like they did with the SCO case.

MS is scratching here where it does not itch. Linux and OpenOffice code is open, and auditable - with every contribution and patch out in the light - but the MS code is hidden - where no one can see the stolen code and infringed patents.

They are heading for a brick wall here - just as SCO did.

[xDaveManx]

...what would happen if Microsoft WON, and everyone just flat refused to pay the "royalties." I mean, Wal-Mart and IBM are some pretty big players. They won't just be slapped in jail if they refuse. What should happen here is an industry wide boycott of Microsoft's products, in retaliation for patent lawsuits. Oh, and all these frivolous patent filings over every snippet of code or tiny idea are the industrial equivalent to a three year old screaming "MINE!!!".