Torvalds attacks Microsoft: show us the 235 Linux patent violations
Well, the Linux community might not have the money and legal fire power of Microsoft, but it’s not going to take Microsoft’s recent accusations that Linux violates patents lying down.Linus Torvalds, the man behind Linux, has come out fighting, telling Microsoft that it’s more likely that Windows violates patents, and that if Microsoft is going to accuse Linux of violating patents, it should put or shut up.
| Earlier in the week Microsoft claimed that Linux violated 235 of its patents. According to Microsoft, the Linux kernel violates 42 patents, the Linux interface violates 65, OpenOffice violates 45, email clients in Linux breach 15, and other assorted programs total out to another 68 violations. |
Torvalds told Information Week that if that Microsoft’s proprietary Windows operating system was subjected to the same scrutiny as his open source operating system, it would be more likely that Windows would be found to be violating patents held by other companies.
Torvalds pointed out that basic operating system theory was more or less set by the late 1960s.
“IBM probably owned thousands of really ‘fundamental’ patents,” he explained. “The fundamental stuff was done about half a century ago and has long, long since lost any patent protection.”
Torvalds has a simple solution. Microsoft should put or shut up. Microsoft should list the patents it claims Linux violates, so that the open source community can either rewrite the offending code or test the legitimacy of Microsoft’s claims in court.
“So the whole, ‘We have a list and we’re not telling you,’ itself should tell you something. Don’t you think that if Microsoft actually had some really foolproof patent, they’d just tell us and go, ‘nyaah, nyaah, nyaah!’,” said Torvalds.
Well said Linus.
While Microsoft now says that it won’t litigate, its attacks on Linux are just poor form. If anything Microsoft should be grateful to the open source community for creating real competition for its otherwise monopolistic business (not forgetting of course that Apple also provides competition).
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June 28th, 2007 at 5:39 pm
They won’t litigate cause they have no case… when you have a full time legal staff they need stuff to do so if they had a case they would pursue it!!!!!
June 28th, 2007 at 5:44 pm
hi, well as we know microsoft has their empire now because they stole the ideas from ibm, so they have nothing to say, and just wanna get rid of linux to keep showing us just shitsoft.
June 28th, 2007 at 7:17 pm
Seems like the guys at Microsoft are feeling the pressure!!!
June 28th, 2007 at 8:53 pm
Let’s not forget what SCOX has learned in pulling this EXACT TACTIC against IBM with regards to the Linux kernel.
Our justice system has no patience for this tactic, and it does not work. It creates FUD…
PS: SCOX was funded by MS in its lawsuit of IBM… that’s why this tactic is so familiar.
June 28th, 2007 at 9:04 pm
I think Linus and Bill should just have a good old fashioned fist fight. I think Linus could take Bill any day of the week.
June 28th, 2007 at 9:29 pm
>Michael F Says:
>June 28th, 2007 at 9:04 pm
>I think Linus and Bill should just have a good old fashioned fist fight. I >think Linus could take Bill any day of the week.
My mother who is 88 could take Bill Gates in a good old fashioned fist fight unless Bill acts as unfairly at fighting as he does in business.
June 28th, 2007 at 10:35 pm
Geez,
Could this post be any older? This exact news blurb was reported at least 6 weeks ago.
nb
June 28th, 2007 at 10:48 pm
Microsoft has a history of swiping software they need.
Check Mr. Gates personnel history.
When he was a teen, he and a few friends used computers to Hack into corporations computers. It was his first step in setting a pattern of events for his company.
If you can’t do it by yourself, then sign an agreement with a company to use their software.
( Sun Microsystems Java ) , then patient the software as your own. IBM same same.
New contracts with Linux developers will result in the same deals.
In less that 2 years, they will be marching into the courts, complaining that the NEW software they have created is being violated by the companies that they originally purchased it from. If that doesn’t work, then they will do what they have done to companies like Connectix Corp. They just outright buy them, then destroy them. Assume their software as their own, and move on..
June 28th, 2007 at 11:18 pm
[…] not going to take Microsoft’s recent accusations that Linux violates patents lying down.read more | digg […]
June 28th, 2007 at 11:56 pm
I am not an expert in patent law, but isn’t it beholden on patent holders to defend their patents? I always thought that if patents were not defended then they became null and void.
June 29th, 2007 at 12:18 am
Small nit: I believe the term is “put *up* or shut up”, FWIW.
June 29th, 2007 at 3:04 pm
@jeff north
When you put it like that it makes MS sounds like the borg, assimilating software companies and adding their intelligence to their collective
Not a bad analogy really…..
July 1st, 2007 at 8:11 am
far out, i don’t care, windows is great
July 10th, 2007 at 8:22 am
MS is just be a greedy bully. He knows people will move to linux because it’s cheaper. I mean who wouldn’t want free software? Steve Jobs had the GUI OS before Microsoft did. Apple tried to sue Microsoft but that didn’t work and I highly doubt microsoft can sue any linux corporation. Linux is just the kernel anyways. I read Xandros craved me and made an agreement with MS. If this continues I’ll move to freebsd.