Re: Microsoft claims that Linux infringers 235 patents

[David Farber <dave () farber net>]

Begin forwarded message:

From: Karl Auerbach <karl () cavebear com>
Date: May 14, 2007 4:22:41 PM EDT
To: dave () farber net
Cc: ip () v2 listbox com
Subject: Re: [IP] Microsoft claims that Linux infringers 235 patents

David Farber wrote:

> From: "Steven M. Bellovin" <smb () cs columbia edu>
> Date: May 14, 2007 3:25:25 PM EDT

> Subject: Microsoft claims that Linux infringers 235 patents

> Mind you, they won't say which patents are infringed, or by what code,
> or what they plan to do.

My laptop has a Microsoft Windows license sticker on it.  I paid the  
Microsoft license fee when I bought it, I had no choice.  But that  
machine runs Linux. In my book, I've paid Microsoft a tithe already.

Suppose Microsoft had come out and said "RedHat's products are the  
result of theft", IBM's operating systems contain stolen material",  
or "Sun Microsystems steals".

If such accusations were not true then might one wonder whether  
Microsoft would be engaged in the tort of defamation of a business or  
interference with the contractual relationships of another business?

Is there any real difference between the accusation of theft in my  
hypothetical and the blanket accusation that Microsoft is making  
against every one engaged in the Linux and Open Office business?

In the absence of an actual list of the patents involved and at least  
some minimal explanation of how they are being infringed one would  
wonder whether Microsoft has gone beyond mere FUD and is instead  
acting with reckless disregard of the truth and with a craven  
intention of destroying a rival.

In recent years the concern about the Microsoft monopoly has  
diminished. Perhaps the dragon was merely resting.

                --karl--




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