Patent trouble
Posted Mar 28, 2006 20:50 UTC (Tue) by
felixfix (subscriber, #242)
In reply to:
Patent trouble by pmas
Parent article:
Conference Report: FOSS Means Business, Belfast (Linux Journal)
OK, let's go with that. Suppose a couple of programmers go to jail for writing parts of Linux. Do you think the rest of the Linux world would just sit down and mumble in their oatmeal? There was a huge outcry over Adobe's persecution of Skylarov; do you remember how quickly they backpedaled, even tho the feds didn't drop the case? It will be a cold day in hell before Adobe pulls a stunt like that again. Now imagine it was someone mainline, like a kernel developer. Do you really think there would be no repercussions? I bet you'd have half the hitech companies bankrolling the best defense they could get, not to mention pissing all over Microsoft's own patent portfolio with theirs. Microsoft couldn't hire enough lawyers to fend off all the lawsuits.
Or suppose they want $$$ from RedHat. To what purpose? If they ask for too much, the company would go bankrupt, which would upset a lot of businesses, not to mention antitrust lawyers. Suppose they only ask for some small amount. RedHat would be fools to not get a general purpose license that would indemnify all of Linux, and there would be some interesting marketing there ... "Microsoft certifies Linux as not infringing any patents".
It's very simple. If Microsoft gets greedy, they will cause such an uproar that they will lose bigtime in the long term and will stir up a hornet's nest in the short term. There would be literally millions of developers looking for patent infringement by Microsoft, they would be DDoS'd to a faretheewell, and the antitrust people would come out by the gross to nail their ass. That $50B warchest they have would be a mighty tempting target. If Microsoft or SCO only ask for enough to be a nuisance, they would shoot their wad and only give Linux a new marketing slogan for their trouble.
Patents are a nuisance but not a problem. The longer Microsoft waits, the harder it gets, and they have long since passed the point where they could do something and get away with it.
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