Linked by Thom Holwerda on Wed 16th May 2007 09:42 UTC, submitted by FreeRhino
Law and Order Microsoft has said it will not sue Linux users with regards to the company's patent claims. "We're not litigating. If we wanted to we would have done so years ago," said Horacio Gutierrez, Microsoft's VP for intellectual property and licensing, in an interview. When asked for a reply regarding the claim of Microsoft that the Linux kernel infringes 42 of its patents, Linus Torvalds replied: "Can you get a list of which ones? Before that, it's just FUD, and there's not a whole lot I can say or do. Is there prior art? Are they trivial and obvious to one skilled in the art? Would we need to work around them? We don't know, because all I've heard so far is just FUD. If MS actually wanted us to not infringe their patents, they'd tell us. Since they don't, that must mean that they actually prefer the FUD."
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RE[3]: Ref: How Pathetic
by flanque on Wed 16th May 2007 12:02 UTC in reply to "RE[2]: Ref: How Pathetic"
flanque
Member since:
2005-12-15

That's true, but that doesn't mean it isn't coming, or that they aren't still up to something. The last thing Microsoft would want or need is to get themselves embroiled in a public slinging match.

They're far more calculating than that.

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RE[4]: Ref: How Pathetic
by Soulbender on Wed 16th May 2007 12:09 in reply to "RE[3]: Ref: How Pathetic"
Soulbender Member since:
2005-08-18

"That's true, but that doesn't mean it isn't coming, or that they aren't still up to something."

Right but what can we do? All we have are very vague accusations that we can not defend ourselves against and succumbing to intimidation isn't the right thing do. At least my dad's advice to me regarding the school bully was never "Oh just give him what he wants and it'll go away". I would really hope my dad wasn't an exception to the rule.

Edited 2007-05-16 12:09

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RE[4]: Ref: How Pathetic
by Rehdon on Wed 16th May 2007 12:25 in reply to "RE[3]: Ref: How Pathetic"
Rehdon Member since:
2005-07-06

They are up to something: they're waging a major FUD campaign against the free software developers and community. Don't you think that if they really had something in their hands they'd have already used it? I think Linus pretty much summed it all: until they come up with something, it's pure and simple FUD, and that's exactly what they want.

Rehdon

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RE[5]: Ref: How Pathetic
by backdoc on Wed 16th May 2007 13:00 in reply to "RE[4]: Ref: How Pathetic"
backdoc Member since:
2006-01-14

You (and Linus) are exactly right. At this point, there are only 2 possibilities. Microsoft's allegations are either True or they are False. Without them being specific, are we supposed to assume they are are "True"? That's what Microsoft would like us to do. Therein lies the FUD. The community is smart enough to know to assume the allegations are "False". It's the old "innocent until proven guilty" thing. The danger is not whether they are True or False. The danger is that the larger population will not reason this out.

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RE[4]: Ref: How Pathetic
by twenex on Wed 16th May 2007 14:40 in reply to "RE[3]: Ref: How Pathetic"
twenex Member since:
2006-04-21

That's true, but that doesn't mean it isn't coming, or that they aren't still up to something. The last thing Microsoft would want or need is to get themselves embroiled in a public slinging match.

They're far more calculating than that.


If a government could arrest you for violating a law, but wouldn't tell you what that law was, we'd call that government a police state.

It's time people stood up and starting treating Microsoft with the contempt police states deserve.

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RE[4]: Ref: How Pathetic
by archiesteel on Wed 16th May 2007 15:57 in reply to "RE[3]: Ref: How Pathetic"
archiesteel Member since:
2005-07-02

They're far more calculating than that.


Yes and no. I think it was a gambit on MS's part. They are gambling that the mere threat of IP litigation is going to forestall Linux adoption. In other words, it's mostly a PR offensive (which can be quite effective, mind you).

With that in mind, the reaction most people have of ridiculing Microsoft's claims is *exactly* the right one to have. If they're going to fight on the PR front, then that's where we need to fight back, with assertions that the claims are unfounded until some evidence is provided. This will prevent MS from monopolizing the message, and counter their FUD effort.

If MS actually moves from empty threats to legal action, then the counter strategy will also change, from ridiculing MS's accusations to actual action (such as counterlitigation, patent warfare, and possibly modifications to the code in the off-chance that some of the patents are actually valid...)

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