Microsoft too busy to name Linux patents

Discussion in 'NZ Computing' started by peterwn, May 25, 2007.

  1. peterwn

    peterwn Guest

    See:
    http://www.theregister.com/2007/05/24/microsoft_novell_patents/

    especially:
    <Yes, Microsoft cited administrative overhead for not detailing the 235
    Microsoft patents its chief legal counsel recently told Forbes exist in
    Linux and open source.
    Microsoft patents attorney Jim Markwith told OSBC it would be
    "impossible" for Redmond's bureaucrats to respond to the volume of
    responses that would result from disclosure. Also, apparently, it's
    ungentlemanly to name names.>

    Surely Microsoft can list the numbers of the 235 patents and then refuse
    any further comment.

    Methinks Microsoft does not want to list them as many of them will get
    ripped to shreds for prior art, unoriginality, etc.

    This would spoil Microsoft's Linux licencing programme which seems to
    have all the hallmarks of a Chicago 1929 protection racket.

    It is a shame, really, for Microsoft - there are so many alternative
    media channels available to people that Microsoft is reduced to making
    surly and arrogant comments in response to other peoples comments.
     
    peterwn, May 25, 2007
    #1
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  2. In message <465693a2$>, peterwn wrote:

    > Methinks Microsoft does not want to list them as many of them will get
    > ripped to shreds for prior art, unoriginality, etc.
    >
    > This would spoil Microsoft's Linux licencing programme which seems to
    > have all the hallmarks of a Chicago 1929 protection racket.


    There is supposed to be a principle in law called mitigation of the offense.
    That is, when somebody is committing a wrong against you, you're supposed
    to take all reasonable steps to have them right that wrong before bringing
    down the law on them. So if somebody is infringing your "intellectual
    property", you should warn them and give them a chance to stop--you can't
    simply use the slightest excuse to ambush them with a lawsuit.
     
    Lawrence D'Oliveiro, May 25, 2007
    #2
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  3. peterwn

    Shane Guest

    Lawrence D'Oliveiro wrote:

    > In message <465693a2$>, peterwn wrote:
    >
    >> Methinks Microsoft does not want to list them as many of them will get
    >> ripped to shreds for prior art, unoriginality, etc.
    >>
    >> This would spoil Microsoft's Linux licencing programme which seems to
    >> have all the hallmarks of a Chicago 1929 protection racket.

    >
    > There is supposed to be a principle in law called mitigation of the
    > offense. That is, when somebody is committing a wrong against you, you're
    > supposed to take all reasonable steps to have them right that wrong before
    > bringing down the law on them. So if somebody is infringing your
    > "intellectual property", you should warn them and give them a chance to
    > stop--you can't simply use the slightest excuse to ambush them with a
    > lawsuit.


    Senator McCarthy provides and excellent example
    http://usinfo.state.gov/usa/infousa/facts/democrac/60.htm
    In February 1950, an undistinguished, first-term Republican senator from
    Wisconsin, Joseph McCarthy, burst into national prominence when, in a
    speech in Wheeling, West Virginia, he held up a piece of paper that he
    claimed was a list of 205 known communists currently working in the State
    Department. McCarthy never produced documentation for a single one of his
    charges, but for the next four years he exploited an issue that he realized
    had touched a nerve in the American public.

    He and his aides, Roy Cohn and David Schine, made wild accusations, browbeat
    witnesses, destroyed reputations and threw mud at men like George Marshall,
    Adlai Stevenson, and others whom McCarthy charged were part of an
    effete "eastern establishment." For several years, McCarthy terrorized
    American public life, and even Dwight Eisenhower, who detested McCarthy,
    was afraid to stand up to him. Finally, however, the senator from Wisconsin
    over-reached himself.

    In January 1954, in what were to be the first televised hearings in American
    history, McCarthy obliquely attacked President Eisenhower and directly
    assaulted Secretary of the Army Robert Stevens. Day after day the public
    watched McCarthy in action -- bullying, harassing, never producing any hard
    evidence, and his support among people who thought he was "right" on
    communism began to evaporate. Americans regained their senses, and the Red
    Scare finally began to wane. By the end of the year, the Senate decided
    that its own honor could no longer put up with McCarthy's abuse of his
    legislative powers, and it censured him in December by a vote of 65 to 22.

    __EOP__
    Microsoft, it seems, is playing a very dangerous game. It has made
    allegations, which, if it does not substantiate, will backfire horribly.
    Further, the FOSS community has already said it will remove any code that
    violates valid patents (theres a fair amount of wiggle room there to be
    sure) which shows the FOSS community is co-operative. IMO the more
    Microsoft milks this, the more it backs itself into a corner.
    I personally have to wonder wth are they thinking at redmond, if this
    strategy works, they face the likes of IBM etc, and their patent portfolios
    if the strategy fails they have provided the nails for their own coffin.

    --
    It is only two weeks into the term that, in a calculus class, a student
    raises his hand and asks: "Will we ever need this stuff in real life?"
    The professor gently smiles at him and says: "Of course not - if your real
    life will consist of flipping hamburgers at MacDonald's!"
     
    Shane, May 25, 2007
    #3
  4. In article <f36gr1$gmm$>, Lawrence D'Oliveiro <_zealand> wrote:
    >In message <465693a2$>, peterwn wrote:
    >
    >> Methinks Microsoft does not want to list them as many of them will get
    >> ripped to shreds for prior art, unoriginality, etc.
    >>
    >> This would spoil Microsoft's Linux licencing programme which seems to
    >> have all the hallmarks of a Chicago 1929 protection racket.

    >
    >There is supposed to be a principle in law called mitigation of the offense.
    >That is, when somebody is committing a wrong against you, you're supposed
    >to take all reasonable steps to have them right that wrong before bringing
    >down the law on them. So if somebody is infringing your "intellectual
    >property", you should warn them and give them a chance to stop--you can't
    >simply use the slightest excuse to ambush them with a lawsuit.


    This is the biggest reason why this "MS initiative" will not work. If you
    want to sue someone, you have to tell them why ... and MS have shown no
    desire to do that. :)

    If you can't, the judge will not only throw the case out (even in america
    !), they will very likely get grumpy with those bringing the frivolous
    suits.

    Bring it on, say I ... though I admit, I do not want to be the first :)
     
    Bruce Sinclair, May 28, 2007
    #4
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