Ballmer Threatens Linux Patent Lawsuits 506
gillbates writes "Today Microsoft warned several Asian countries that using Linux could subject them to lawsuits, claiming that Linux violates '228 patents'. Apparently, Steve Ballmer believes he can enforce U.S. law in Asia." Ballmer is presumably speaking about this story. So, companies which sell insurance against lawsuits and companies which make competing products both warn of the dangers of using Linux. Maybe someone should point out that Microsoft is battling dozens of patent-infringement lawsuits itself, and any user of Microsoft software (including governments) could also be sued?
Indemnified? (Score:5, Informative)
This will backfire. (Score:5, Informative)
ahem... (Score:4, Informative)
BBC-news coverage. (Score:3, Informative)
Microsoft, the world's largest software maker, has the most to lose should Linux use spread.
This nicely puts Balmers statement in the correct perspective for the readers that aren't 'into the bussiness'. I like that...
Re:Indemnified? (Score:5, Informative)
I believe Microsoft will indemnify as long as you don't use any non-Microsoft software at all on your system.
See this article [groklaw.net] on Groklaw for a description of some of the other possible loopholes.
Matt
Groklaw started all of this (Score:0, Informative)
Sorry to attack a sacred cow like Groklaw, but the truth must be told.
Re:So what if they sue? (Score:3, Informative)
No country does or is expexted to respect other countries IP laws, but the US has put political pressure on other countries to make their own laws more like its own
Holy cow, Microsoft FUD? What about Slashdot FUD!! (Score:2, Informative)
NO WHERE in the article does it state (in either yahoo or the register) that it will be Microsoft v.s. World. If you use half of your brain to remember that Microsoft indemified all of its customers from being sued (plenty of links in the comment area already) you would understand what Steve B is talking about.
Steve B runs Microsoft, Microsofts biggest competitor is Linux. Microsoft is telling Governments "Hey, we'll protect you if someone tries to sue you for patent violations. If you use linux, who will protect you from then ?"
Balmer is not saying "If you use linux I WILL sue you for violating patents". He is not saying "Use microsoft or you will be sued". He is saying that "I [steve b] will gurantee that you wont be sued if you use MS products, but if you use linux, you could be sued"
Even the register says "He did not specify that Microsoft would be the company doing the suing", which right after that it puts its own anti-MS propoganda.
so, MS fud? not a chance. Slashdot FUD? beyond all doubt.
Re:Indemnified? (Score:4, Informative)
That means that if it is clearly the MS product that infringes, the agreement does not allow MS to back out.
I feel that Groklaw is wrong on this.
Jan
WTO (Score:3, Informative)
Apparently the poster has not been paying attention to either the article or modern history. When countries are in the WTO [wto.org], they take place in the World Intellectual Property Organization [wipo.int] also. Laws cross national boundries now.
Re:pirated copies of linux (Score:2, Informative)
"Although about 3 million computers get sold every year in China, but people don't pay for the software," he said. "Someday they will, though. As long as they are going to steal it, we want them to steal ours. They'll get sort of addicted, and then we'll somehow figure out how to collect sometime in the next decade." [com.com]
IP Law in China (Score:3, Informative)
Laws and Regulations [most.gov.cn] provides links to English language translations of the Chinese law of copyright, trademarks, patents, etc. There is not much here that would look unfamiliar to the U.S. or any of it's major trading partners. No one is expecting any immeadiate changes on the street, but building a solid IP portfolio is beginning to look like a good business practice even in China. Microsoft Notebook: Piracy battle is key in China [nwsource.com]
Notice he didnt say (Score:1, Informative)
Yes the fear is understandable.
"Ballmer said the security fears some governments had about using Microsoft software were overblown."
He never said that the potential didn't exist.
"We think our software is far more secure than open-source software. It is more secure because we stand behind it, we fixed it, because we built it. Nobody ever knows who built open-source software," he said.
Never mind all the patchs that have to be applied.
Re:So what if they sue? (Score:5, Informative)
Listen to this speech [ugent.be] (mp4 audio, 3.9 MiB) given by David Martin [m-cam.com] from M-CAM [m-cam.com] at the FFII conference [ffii.org] on software patents from last week. His company is specialised in assessing the value of patent portfolios and technology transfers. Here's part of a transcript of his speech:
Listen to the rest of his speech for more. I guarantee you it'll be worth your while. For the record, he concludes his speech with
Nice to hear that from someone in the field, isn't it?
Unlike in the US, the introduction (or not) of software patents in Europe is being handled via a legislative process (as opposed to purely via case law). For an overview of the legislative process, have a look here [nosoftwarepatents.com]. The bottom line is that it's currently the turn of the European Council of Ministers, which has to reach a qualified majority for one text or another. The current text is hardcore pro-unlimited patentability.
Now Poland has confirmed they do not support that text (they weren't even formally asked after a break in a meeting in May where some fake compromise amendments were introduced, and where a political agreement was reached). Together with a change of voting weights that went into effect on 1st November (because of the expansion of the EU), this means there is no longer a qualified majority for the current text.
So it has nothing to do with not respecting other countries' patents. Besides, a patent is always only valid in the country it has been granted in, that's how pat
Re:Since When Did... (Score:3, Informative)
They care because the US is a major trading partner, they care because Microsoft is a significant corporate presence in China, giving China credibility with the WTO. Microsoft Joins in China Software Industry Association [people.com.cn]
They care because Microsoft spends $7 billion USD a year in China on basic research. Gates: Microsoft to expand China research [people.com.cn]
Patent ownership (Score:3, Informative)
As I recall, the ownership of these patents has never been revealed. For all we know, these patents could be owned by IBM. I know of one offhand - the RCU patent. IBM has publically stated that this patent is freely available for use within Linux (since they contributed it). Who knows how many other "friendly" patents are in there...
Re:So what if they sue? (Score:3, Informative)
Re:This is an excellent sign (Score:2, Informative)