Microsoft has OS patents; Linux has none
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ActiveGrid's Peter Yared says the Microsoft-Novell deal creates competition and is ultimately good for customers.
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That's the question that occurs to me as I read this piece in Roughly Drafted. It's about how Apple is kicking Microsoft's butt at the high end of the desktop market, and how Microsoft seems to be bumbling its way out of desktop hegemony anyway. Linux is mentioned only twice in this long piece, but the harbingery of the references are significant. Here's the enclosing quote: Combined with the dominance of the iPod over devices using Microsoft's PlaysForSure, the imminent goring of Windows Mobile by the iPhone, and the shift of support across the industry from Windows to Linux in servers, the days of Microsoft's monopolistic grip on the desktop are winding down.  Apple doesn't have to take a majority share of the desktop market to win, it only needs to take the most valuable segments of the market.  Once that happens, Microsoft will be forced to choose whether it wants to battle Mac OS X for control of the slick consumer desktop, or repurpose Windows as a cheaper, mass market alternative to Linux in corporate sales.  And, at some point, consumer sales as well.
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(InfoWorld) - Microsoft inked another cross-licensing patent agreement Wednesday, this time with South Korea's LG Electronics, covering the company's Linux-based embedded devices. As part of the deal, LG, one of the world's largest electronics companies, can use undefined "patented Microsoft technology" in its products, including Linux-based devices. The agreement also covers intellectual property contained in other hardware and software products, such as game consoles. LG is a manufacturer of CDMA, GSM, and 3G handsets; IP phones; plasma TVs; optical storage products; PDAs; notebook computers; DVD players; and home theater systems, among other electronic products. As in similar deals with Xandros (announced earlier this week), Novell, Samsung and Fuji Xerox, Microsoft did not detail just what patents LG was licensing, and LG did not say if its Linux-based devices violated any Microsoft patents. As part of the deal, Microsoft will have access to LG patents that cover computer architecture utilized in game consoles and other products and will license other LG patents that are owned by system integrator MicroConnect Group, which is based in Manchester, England. "This agreement is focused only on exchange of patent rights," said David Kaefer, general manager of IP licensing at Microsoft. "The open-source elements of the deal do utilize a covenant model similar to the Xandros and Novell deals, but this deal is most similar to recent agreements with Samsung and Fuji Xerox." Those deals were signed this year in April and March, respectively. Both covered general access to intellectual property contained in patent portfolios and included protection for customers using Linux-based software. In terms of the "customer covenant" clause in those deals, Kaefer said, "The covenants are structured very similarly." Microsoft and LG did not release financial terms of the deal but said in a press release that Microsoft would make a "net balancing" payment to LG and MicroConnect for patents related to operating systems and computer systems. Microsoft made a similar "net balancing" payment as part of its deal with Novell that, according to that contract, reflected "the larger applicable volume of Microsoft's product shipments" versus that of Novell's products. In addition, LG will be making ongoing payments to Microsoft to cover Microsoft patents as they relate to Linux-based embedded devices that LG produces. LG Enterprises comprises four business units -- Mobile Communications, Digital Appliance, Digital Display, and Digital Media. The company produced $48.5 billion in global sales in 2006. The company is a member of the Consumer Electronics Linux Forum, which also includes Sony, Panasonic, Motorola, and others. None of those companies have cross-licensing deals with Microsoft. A search on the LG Web site turned up only one reference to Linux, which was the 2005 release of a set-top box sold under the DirecTV brand name that included "a general-purpose Linux-operating-system." In 2001, LG produced a Linux -based wireless webpad for home users that included Internet support and a built-in multimedia player. LG also is a partner of Microsoft in that it licenses Windows CE for use in its IP phones and produces Windows-based notebook computers. The deal with LG comes after Microsoft said last month it would seek royalties for patents that it says are being infringed upon by open-source technologies like Linux. The company, however, said it would prefer to sign patent and cross-licensing deals with open-source distributors rather than seek payments via litigation. The open-source community, specifically the Free Software Foundation, reacted by tweaking the final draft release of the GNU General Public License (GPL) 3.0, which was released May 31, to prohibit such patent deals. The GPLv3 is expected to be officially published on June 29. Open source advocates contend that Microsoft is doing no more than bullying the Linux community with the threat of patent violations because it has not divulged what patents are infringed upon by Linux and other open-source software. Microsoft reiterated this week at its annual TechEd conference that its position is to protect intellectual property rights. "The approach that Microsoft is taking is to work with industry partners to ensure that when customers want to use open-source software, they can do so with the knowledge and security that the software brings with it all the licensing rights that are required," Bob Muglia, senior vice president for server and tools at Microsoft, said during his keynote address Monday. In a press release announcing the partnership, LG and MicroConnect executives struck the same tone. "We believe in the importance of respecting the [intellectual property] rights of others and that patent collaboration and protection is a best business practice the whole industry should be engaged in," said Jeong Hwan Lee, executive vice president of the Intellectual Property Center at LG. Alan Loudermilk, founding partner of MicroConnect, said, "MicroConnect is pleased to be able to make a contribution to the strengthened [intellectual property] relationship between LGE and Microsoft."
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Don't expect a patent deal between Microsoft and Ubuntu Linux distributor Canonical anytime soon. CEO Mark Shuttleworth says he won't pay for something he thinks has no legal merit.
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InfoWorld - Microsoft and Turbolinux, a Tokyo-based Linux distributor, are cozying up with a patent cross-licensing deal and agreement to work more closely together, the companies said Tuesday.
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According to a recent report from a research group, Microsoft Chief Executive Steve Ballmer at an Asian Government Leaders Forum in Singapore claimed that Linux violates more than 228 patents.
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Microsoft Corp. is denying that its CEO Steve Ballmer told Asian government leaders on Thursday that Microsoft believes that Linux violates more than 200 software patents.
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Microsoft tells Asian leaders that they could face intellectual property rights claims if they use free Linux software, a report says.
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Microsoft&#39;s collection of patent-protection deals with Linux providers lost another potential addition this week, when Mandriva announced that it will not sign such a pact.
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WINDOWS IS &#39;free&#39; in Iran, but even there is an increasing move towards Linux, according to an AFP report. Apparently, because Iran refuses to abide by international copyright laws, pirated copies of Windows make the product free and everyone uses it.
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It is with regret that I urge all FOSS developers to treat anything Novell has contributed to the community as suspect, scrutinize any Novell contributions and purge them as deemed appropriate.  This threat is real, and it is not necessarily contingent upon whether or not Microsoft would actually sue customers for patent infringements.  This is a classic case of posturing.  Novell is leveraging its agreement with Microsoft in a way that harms all other Linux distributions and other FOSS projects. It is actively exploiting its unique position in ways that seem beneficial, but will pose risks to anyone but its own customers (and even their own customers are only protected for the next five years).
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Microsoft Corp. warned Asian  governments on Thursday they could face patent lawsuits for  using the Linux operating system instead of its Windows  software.
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HAMBURG: New personal computers with the free Linux operating system are often used with pirated copies of the Microsoft Windows operating system, reports a study by the US-based marketing research firm Gartner.
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Supporters of the free PC operating system Linux are preparing to counter a recent Microsoft Corp.  deal which established for the first time the principle of paying the software giant to use Linux.
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Redmond says it's not a party to the new license. And those Suse Linux coupons won't get you any support guarantees.
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Xandros CEO Andreas Typaldos said Thursday his company did not agree that its Linux distribution violates any Microsoft patents nor did the software giant ask Xandros to do so as part of theÂ patent cross-licensing dealÂ the two signed Monday.
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Microsoft is applying for a patent for an operating system that starts out crippled.  You must pay to do things like take the throttle off network speed, disk access, install drivers, install software, and more.  Trust me, I rarely even visit Groklaw, even if this is my second consecutive blog entry with a link to a Groklaw article. My VarLinux.org readers posted the article, A Brave New Modular World, and I had to share it.