Microsoft adds IP indemnity to Linux fight
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Borrowing a line from Allstate Insurance, Microsoft wants customers to know they are in good hands when they choose its software. The software maker plans to announce on Wednesday that it will indemnify nearly
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And sets alarm bells ringing in open source community Microsoft CEO Steve Ballmer has said that every user of the open source Linux system could owe his company money for using its intellectual property. The statement will confirm the worst fears of the open source community.â¦
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(InfoWorld) - The Linux faithful might be staring down the barrel of another round of Microsoft's legal taunts, but at last week's Linux Foundation Summit, the reaction was more ho-hum than oh-no. "The reality is that they are not going to sue a single customer," says Jim Zemlin, executive director of the Linux Foundation. "It would not be in their business interest. Microsoft is not going to sue their customers." Zemlin says one fact alone â that most corporate Linux users have a mixed environment with Microsoft software â will protect users from the software giant going after them based on patent infringement. The patent issue has risen to near the top of the Linux Foundation's list with the signing last year of a cross-licensing patent deal between Novell and Microsoft, in which Microsoft promised not to sue Novell Suse Linux users for patent infringement. Several similar deals have followed since with Linux vendors Xandros and Linspire. As part of its charter, the Linux Foundation offers legal-protection services for developers to safeguard the future of Linux. Microsoft claims that Linux violates 235 of its patents, although it has yet to detail what those patents are. Critics contend the issue is meant to create uncertainty among potential corporate Linux adopters. But Zemlin says the contracts are hurting Linux "only in the fact that Microsoft uses them to create a perception of risk that in reality is not there." Many others at the foundation's first-ever summit -- a collection of some of the most influential Linux kernel designers, software developers, and user companies -- took that same position. "Open source is safe for us to use: That is the message that I want to get out there," said Chris DiBona, Google's open source program manager. "I would be shocked if Microsoft didn't have patents that read on Linux," said Mark Radcliffe, a partner at law firm DLA Piper US who advises companies on intellectual property issues. "Will they enforce them is the question. Companies using Linux don't have to fear patent suits." Radcliffe thinks Microsoft is in a difficult position because it probably couldn't avoid spearing its own customers with any legal action. "I think the Microsoft [Novell] deal was a misfire," he says. "I think what Microsoft's actions recognize is that Linux is here to stay. And any competitor will use tools to try and slow it down." Others say that patents have become a real problem for the computer industry. "They are sold to the public as being about supporting innovation, but their impact on industry is a nightmare," says Mark Shuttleworth, the founder of Ubuntu Linux. "They don't help IBM, they don't help Sun, and they don't help Microsoft. But the free software guys are worried about this." So worried, that the Free Software Foundation added to its near-final GNU General Public License (GPL) 3.0 specific language that addresses patent deals that could erode the unique open source qualities of the Linux operating system. The hype has reached such proportions that Dan Frye, vice president of Linux and open technology at IBM and head of its Linux Technology Center, said during a panel session at last week's summit, "everybody, just chill when v3 comes out." GNU GPL 3.0 is slated for final release on June 29. Linux creator Linus Torvalds, who is employed by the Linux Foundation, wrote on the Linux kernel mailing list last week that the Linux kernel may stay under Version 2, which he said is a better license, but that Sun's choice of licensing for open-sourcing Solaris could influence the decision. The Linux kernel is made up of a number of components, developed by various individuals under a number of different open source licenses, which means all those stakeholders would have to agree to switch to Version 3. "People are looking to Linus for that kind of leadership," says Google's DiBona. "I think v3 will be evolutionary, which is what it is supposed to be." Others say the issue of GPL 3.0 license adoption goes much deeper than just patent concerns. "Even if v3 is better than v2, it has to be significantly better to undertake all the pain to change the kernel code [licensing]," said James Bottomley, a kernel developer and CTO of SteelEye Technology, which makes high-availability software for Linux systems. "We are not going to waste six months to change the kernel. This is a pragmatic argument, not a legal one."ADVERTISEMENTIBM Information On Demand 2006Industrial Industry Leaders, please join us at IBM's premier information management global event, IBM Information On Demand 2006, October 15-20, Anaheim, CA. More IBM business and technical solutions content in one place than ever before! Select from  over 800 sessions. Register today!
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In what&#39;s being called a shrewd licensing move, Microsoft last week put its competitors on the defensive and avoided price increases for customers by announcing it would not charge extra fees for server software running on dual-core, processor-based
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Microsoft is using a subscription-based service to combat Linux in developing markets.
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(InfoWorld) - Microsoft has signed another Linux distributor to a patent-licensing and collaboration deal similar to theÂ one it struck with NovellÂ last year. Xandros, which offers desktop and server versions of Linux, has agreed to license Microsoft intellectual property (IP), said Bob Muglia, senior vice president of the Server and Tools Business at Microsoft. He dropped the news in the middle of a keynote Monday at the company's TechEd 2007 conference in Orlando. Muglia shed little light on specific details of the agreement, saying only that it follows the same model as the Linux and Windows interoperability and licensing deal Microsoft struck with Novell last year. "Xandros has taken a license to our intellectual property," he said. "They've taken the position of helping customers to ensure that when they use open-source software, that the IP the industry has created is a part of that." A news release the companies made available Monday had more details, confirming that the deal includes "covenants" to protect customers using Xandros software from anyÂ potential patent-infringement claimsÂ from Microsoft. Microsoft said recently it would aggressively seek royalties for patents it says it holds in open-source technologies such as Linux. The company acknowledged thatÂ instead of going to courtÂ it would rather sign back-room patent and cross-licensing deals with open-source distributors. Muglia acknowledged that in the past year Microsoft has stepped up efforts to ensure its products are interoperable with competitive offerings, and working with the open-source community has been a big part of that. "Over the last year, you've seen Microsoft take a number of steps that ... demonstrate a change of approach for us," he said. "You've seen partnerships you might not have expected Microsoft to be a part of." Muglia mentioned partnerships with Xensource, Novell and JBoss as examples of the company's new attitude. In addition to the licensing component, the five-year deal between Xandros and Microsoft also will include collaboration between the companies to make their Microsoft System Center and Xandros Systems Management products more interoperable. Xandros also will join the efforts to standardize and use Web Services (WS)-Management protocols, which Microsoft supports. As part of the deal, Xandros will license Microsoft server communications protocols so Xandros Server will work better with Windows Server in IT systems. The company also will join the effort to build translators between rival document formats Open Document Format, an international standard favored by open-source companies, and Open XML, Microsoft's default format in Office 2007. Finally, Microsoft will endorse Xandros desktop and server Linux OSes as the "preferred" distribution for its customers, and company engineers will be trained to support the software to help channel partners offer both Microsoft and Xandros software. Â
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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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Let Lindows be Lindows When not threatening to sue Linux makers, Microsoft can't help itself from partnering with them. Redmond today announced a buddy-buddy deal with desktop Linux maker Linspire.â¦
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Microsoft&#39;s aggressive defense of its intellectual property, which includes claims that Linux violates a number of its patents, is nothing more than &quot;a marketing thing,&quot; according to Linus Torvalds, creator of the Linux kernel.
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Ziff Davis - Redmond execs say the company will provide IP protection for all current and past versions of its software, hoping to present yet another differentiator with open-source vendors.
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More FUD  from our friends in Seattle:  "Asian governments using Linux will be sued for IP violations, Microsoft CEO Steve Ballmer said today in Singapore. He did not specify that Microsoft would be the company doing the suing, but it's difficult to read the claim as anything other than a declaration of IP war."  "According to a Reuters report (which we fervently hope will produce one of Ballmer's fascinating 'I was misquoted' rebuttals*), Ballmer told Microsoft's Asian Government Leaders Forum that Linux violates more than 228 patents. Come on Steve, don't hold back - what you mean 'more than 228' - 229? 230? Don't pull your punches to soften the blow to the community. "Some day," he contin ...
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In a bid to further differentiate itself from its Linux rivals, Microsoft has said it will expand its legal indemnification programme to cover almost all its customers.
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Microsoft continued its battle against open source on Tuesday with the release of yet another company-funded study showing that developers believe the next version of GPL shouldn't cover patent deals.
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Microsoft has admitted that growing pressure from open-source operating system, Linux, is eating into the companyâs profits and will hit revenues hard over the next fiscal year.
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Microsoft has renewed its attack on Linux, its primary rival in the business software market, with Chief Executive Steve Ballmer telling customers in a letter sent the
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Microsoft yesterday said it will expand its indemnification program to cover the vast majority of its customers in a move to set itself apart from open-source rivals.
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Home PC users will never choose Linux over Windows until it is adopted in the workplace. Whether Windows is a generic term and can be subject to copyright is all very interesting, as are some of the other