Microsoft charges patent infringements
Action against Linux, other open-source software may be difficult, experts say


Microsoft claims that free and open-source software violates 235 of its patents, according to a published report.

In an interview with Fortune magazine, Microsoft top lawyer Brad Smith alleges that the Linux kernel violates 42 Microsoft patents, while its user interface and other design elements infringe on a further 65. OpenOffice.org is accused of infringing 45, along with 83 more in other free and open-source programs, according to Fortune.

It is not entirely clear how Microsoft might proceed in enforcing these patents, but the company has been encouraging large tech companies that depend on Linux to sign patent deals, starting with its controversial pact with Novell in November.

Microsoft has also cited Linux protection playing a role in recent patent swap deals with Samsung and Fuji Xerox. Microsoft has also had discussions but not reached a deal with Red Hat, as noted in the Fortune article.

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posted by:
Jon
offline Jon
SF Bay Area
  • Microsoft has also refused to say which patents are infringed so the whole thing ammounts more to FUD and an attempt at extortion than any true violation of any patents.

    Ironic Microsoft is flaunting all this now just after they signed an agreement with Novell not to sue anyone that uses linux. What do they hope to accomplish? Breach of contract with Novell, that opens them up to a lawsuit by Novell... Or are they hoping to try and get the Courts to go after everyone for them, thus technically abiding by their agreement not to sue, but never said they wouldnt turn people over to the court system for action...

    Either way its extortion and racketering straight up...
  • Unsu...
     
    All this from the same company that always crows and claims the high ground when being sued by saying they prefer to innovate rather than litigate.

    MS developed and owns Xenix, so there is no small wonder that they might be able to produce some ostensibly-credible patent claims...their support of SCO seems to have been a testing of the waters in this regard.

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