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[4]: What a load
by lemur2 on Wed 16th May 2007 14:32 UTC in reply to "RE[3]: What a load"
lemur2
Member since:
2007-02-17

{Stop blindly reacting to what I am saying like it's an attack on FLOSS, and read it for what it is: me saying that users of Linux sometimes act in a limited capacity as developers.}

What you don't express is, what is special about developers?

I am co-developing a bit of code right now, as it turns out. I think of a method to do what I want, to fix the problem I'm having, I get it coded & compiled and then test it out. I even bone up on the topic using (say) Wikipedia sometimes when I'm not quite sure of the math.

http://en.wikipedia.org/wiki/Coefficient_of_lift
http://en.wikipedia.org/wiki/Drag_equation
http://en.wikipedia.org/wiki/Moment_of_inertia
http://en.wikipedia.org/wiki/Cross_product
http://en.wikipedia.org/wiki/Geographic_coordinate_system
http://en.wikipedia.org/wiki/Navigation
http://en.wikipedia.org/wiki/Gps

It is just math. It is in the textbooks. There is no secret to it.

I put the math into the computer source code. At the end of the exercise, a copy of the source code will go to my customer.

This makes me so different from other people doing their job ... exactly how?

Why should I get to rip people off and threaten other people with lawsuits if they happen to do the same task next year as I did today?

Edited 2007-05-16 14:50

Reply Parent Bookmark Score: 1

RE[5]: What a load
by Almafeta on Wed 16th May 2007 15:05 in reply to "RE[4]: What a load"
Almafeta Member since:
2007-02-22

[i]I put the math into the computer source code. At the end of the exercise, a copy of the source code will go to my customer.

This makes me so different from other people doing their job ... exactly how?[i]

The scenarios you mention above doesn't apply (and is unlikely to happen in real-world scenarios), as you are just copying the work of others. And, like you said, it's in the textbooks; it's common knowledge and public domain (with the possible exception of GPS), owned by no-one. If you had created something new, then patent law could be applicable.

Any good coder is closer to an inventor or an artist than they are to a McDonald's fry chef. That should be enormously evident.

Reply Parent Bookmark Score: 1

RE[6]: What a load
by lemur2 on Wed 16th May 2007 15:18 in reply to "RE[5]: What a load"
lemur2 Member since:
2007-02-17

The scenarios you mention above doesn't apply (and is unlikely to happen in real-world scenarios), as you are just copying the work of others. And, like you said, it's in the textbooks; it's common knowledge and public domain (with the possible exception of GPS), owned by no-one. If you had created something new, then patent law could be applicable.

Any good coder is closer to an inventor or an artist than they are to a McDonald's fry chef. That should be enormously evident.


Every other few months I create something that, as far as I know, is new. An entirely new concept that as far as I can tell hasn't been used before by anyone anywhere. I certainly can't find a product that I can buy which does what I want, so I have to create a new design to do it.

This is the whole process of engineering.
http://en.wikipedia.org/wiki/Engineers
There are literally millions of us worldwide.

Doesn't mean I should be able to sue someone for beeeeelions $$$$$ megabucks if they happen to think of the same thing next year. That would be extortion, pure & simple ... even if I could prove that I thought of it first.

Americans have very strange thinking sometimes, it seems, when they think they have a chance to rip people off.

Edited 2007-05-16 15:20

Reply Parent Bookmark Score: 2

RE[7]: What a load
by Ulrich on Wed 16th May 2007 16:02 in reply to "RE[5]: What a load"
Ulrich Member since:
2006-08-30

Any good coder is closer to an inventor or an artist than they are to a McDonald's fry chef. That should be enormously evident.


Good luck with skunkyos I hope that you have consulted with your lawyers about all the patents you will be violating in your code.

Reply Parent Bookmark Score: 2