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Patent Attorney Axel H Horns' Blog on Intellectual Property Law.

 

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Monday, May 14, 2007

 

Microsoft Issues Statement On Patent Infringement Committed by Linux Distributors And Users.

"[...] Microsoft claims that free software like Linux, which runs a big chunk of corporate America, violates 235 of its patents. It wants royalties from distributors and users. [...]"
Read EXTERNAL LINKmore ...

See also the discussion on EXTERNAL LINKSlashdot and postings on EXTERNAL LINKIPKat and EXTERNAL LINKPatently-O.

When will Microsoft publish number details of allegedly infringed patents so that the debate can be put on solid feets at last?

[UPDATE 2007-05-14 22:00] Mr. Andres Guadamuz EXTERNAL LINKwrites: "Expect geekdom and the blogosphere to go nuclear over this one." And, more in particular:
"[...] It seems obvious that the threat is designed to issue a clear threat against the GPL v3, and perhaps it attempts to influence the draft's discussion. This may be the reason why the FSS, Stallman and Moglen have answered forcefully, almost with a 'bring it on' attitude. They know that the pendulum is swinging against unfettered software patents, and that this case could very well prove to be the silver bullet that fatally wounds the current system. Imagine a situation where large numbers of corporate Linux users are sued by Microsoft. The result could very well be a legislative push against broad patentability. Microsoft is also playing with fire by entering into IBM's turf. As one of open source's corporate patrons, IBM has an impressive software patent arsenal that it could deploy if things get to an all out litigation battle. It is an open secret in the industry that as things stand, everyone is infringing someone else's patents, and what sustains the balance at the moment is a complex network of cross-licensing between industry giants. I have always believed this is one of the reasons why FOSS projects have managed to remain litigation-free so far. If Microsoft sues, will IBM retaliate? What would such a case look like? [...]"
See also, from a quite different point of view, the EXTERNAL LINKposting of Mr. James DeLong on IPCentral.

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At least in Germany there is defense against anti-competitive allegations with no proof whatsoever.
 
 
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