LWN.net Logo

Please check the facts first

Please check the facts first

Posted Nov 24, 2010 21:50 UTC (Wed) by khim (subscriber, #9252)
In reply to: Novell sold to Attachmate by ccurtis
Parent article: Novell sold to Attachmate

The tricky thing with corporations is that they are unpredictable. MSFT, under Bill Gates, was generally anti-patent. Gates publicly warned against software patents.

Wow! Nothing can be further from truth. Here is the actual quote:

PATENTS: If people had understood how patents would be granted when most of today's ideas were invented, and had taken out patents, the industry would be at a complete standstill today. I feel certain that some large company will patent some obvious thing related to interface, object orientation, algorithm, application extension or other crucial technique. If we assume this company has no need of any of our patents then the have a 17-year right to take as much of our profits as they want. The solution to this is patent exchanges with large companies and patenting as much as we can. Amazingly we havn't done any patent exchanges tha I am aware of. Amazingly we havn't found a way to use our licensing position to avoid having our own customers cause patent problems for us. I know these aren't simply problems but they deserve more effort by both Legal and other groups. For example we need to do a patent exchange with HP as part of our new relationship. In many application categories straighforward thinking ahead allows you to come up with patentable ideas. A recent paper from the League for Programming Freedom (available from the Legal department) explains some problems with the way patents are applied to software.

Everyone seems to remember first sentence, but not the rest. Microsoft never was anti-patent company. At first it was ignorant, then they discovered dangers and opportunities and embraced them as useful (albeit dangrous) weapons against competition. Note how Bill Gates proposes to use the usual trick again (use monopoly power to muscle it's way into adjacent areas).

So for those reasons it's valid to keep an eye on what MSFT is doing, but also to recognize that - at least for now - they may not be the biggest threat out there.

You are right - but sadly not because Microsoft changed one jot (it's the same untrustworthy bully it always was), but because there are other, more sinister dangers around (Oracle is the biggest one, but Apple is serois enemy too). Remember: former best friend is often the worst enemy - and this certainly applies to Apple and Oracle.

But this is temporary situation: it certainly looks like Microsoft is bound and determined to prove this old adage wrong and to prove that it can win back title of "the worst FOSS enemy".


(Log in to post comments)

I think it follows

Posted Nov 24, 2010 23:04 UTC (Wed) by ccurtis (guest, #49713) [Link]

I thought I had posted a followup but apparently I don't know how to use the comment system properly. Sadly, I think it may have clarified my wording.

I think the full quote justifies my belief, but allow me to try to paraphrase my lost response: Software patents are a fact of life for software companies doing business these days. Bill Gates' position is actually the responsible one in the business environment we're living in: the only defense against a software patent claim is to have a large collection of patents yourself - a patent form of mutually assured destruction. The result of this is an oligarchy or an (unintentional) software cartel, but that's due to a bug in the legal system, not Microsoft's behavior wrt patents.

My comment was in relation to Novell's patents - this new company (after the merger and likely IPO in a few years) appears to be a software company, and thus would be in need of a patent portfolio. I also had a rant/warning about patent trolls because they don't participate in the cartel - they, producing nothing, have no need for patent agreement pacts or other legal defense.

[Pondering ... I'm not sure right now if software patent trolls are a long-term good influence or not at this point ... I'm thinking that patents are rarely enforcable against non-commercial infringement. It seems like OSS (GNU-style, anyway) may be effectively exempt. OSS companies, though, are for-profit. They're also easy targets for the trolls to hit first to establish their legitimacy. Thoughts for another day ...]

But back to the point: Gates' words are clearly reactionary, and not of a "here's how we use this to win" nature - they're "here's how we don't get killed". The man is afraid of patent suits not only from competitors, but also from his own customers.

Copyright © 2013, Eklektix, Inc.
Comments and public postings are copyrighted by their creators.
Linux is a registered trademark of Linus Torvalds