Torvalds weighs in on Microsoft's patent dance
Nyaah, nyaah, nyaah
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Linus Torvalds has reportedly piled into Microsoft after its senior legal eagle after claimed the Linux operating system violates hundreds of the company's patents.
Torvalds, the Linux trademark holder, told InformationWeek's Charlie Babcock it's more likely Microsoft is a violator of patents given most work on operating systems was done long before Windows, or Microsoft, were a glint in Bill Gates' eye.
He's also called on Microsoft to effectively put up or shut up, by naming which patents violate Microsoft's intellectual property instead of saber rattling.
"The whole, 'We have a list and we're not telling you,' itself should tell you something," Torvalds said. "Don't you think that if Microsoft actually had some really foolproof patent, they'd just tell us and go 'nyaah, nyaah, nyaah'."
According to Torvalds, naming patents would let open source coders fix any problems, should they exist.
Torvalds' comments follow those of Sun Microsystems' chief executive Jonathan Schwartz who blogged about the wisdom of taking a SCO-like approach and putting the squeeze on customers by suing for licensing revenue.
"You would be wise to listen to the customers you're threatening to sue - they can leave you, especially if you give them motivation," Schwartz wrote.
Microsoft latest statement - carefully placed to attract the more discerning IT purchasing decision maker in Fortune - appears to be upping the ante on open source. Microsoft has failed to rack up more Novell-like relationships with Linux and open source vendors to - in Microsoft's view - protect IP it claims exists in open source and Linux.
The 235 claimed violations claimed in Fortune are actually down from the 286 number Ballmer inaccurately cited years ago, a number based on a survey by Open Source Risk Management (OSRM), which actually stated that 287 patents existed - different to patent violations - inside the Linux kernel.®
COMMENTS
Do unto others...
I think everyone should send an email to Microsoft claiming you hold a patent and they better pay up a fee or else...
Yes indeed, what if ....
"The thing is though, what if Linus is right and Windows is full of code that draws inspiration from others' efforts?"
I'm convinced that this is the case: Windows and other MS products are full of copied/borrowed/stolen stuff. Considering the history, it's IBM, Apple, Sun, and many others, that would easily find their code in Microsoft products were they given the source to examine.
Copyright versus patent
I know that copyright is a bit more flexible of source code.. especially if it is the only reasonable way to achieve something - I doubt the (not-so) humble patent can allow for such an event.
I will be glad when Microsoft produces the list which we see crumble away to dust.. The few patents which remain can be easily settled in court as simply editing the code and removing the offending items.
Well done Linus for firing back!
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