In its second such agreement this week, Microsoft has struck a deal under which it will extend amnesty to a company that's using what the software maker claims is patented Microsoft intellectual property embedded in the open source Linux computer operating system. Under a deal with LG Electronics, disclosed late Wednesday, Microsoft will forgo any Linux-related patent claims against the South Korean electronics manufacturer. In return, Microsoft will gain access to certain intellectual property produced by LG.
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Member since:2005-07-06
"There is an accepted legal principle in IP law that the plaintiff must mitigate damages, i.e. that it must inform the alleged infringer as soon as possible in order to minimize the impact of the infringement."
Bolded the key part. We don't know what they showed Novell, Xandros or LG.
Member since:2006-09-08
Member since:2005-07-02
Novell has gone on the record saying that they do *not* believe that the Linux kernel infringes on any Microsoft patents. For all we know, MS didn't show them anything.
In any case, the alleged infringer here wouldn't be Novell, Xandros or LG, but the kernel developers. The longer they wait before showing the kernel devs the alleged infringement, the more it hurts their case.
Member since:2006-01-06
All the time they spend *not* identifying which patents Linux allegedly infringes on actually weakens their case. There is an accepted legal principle in IP law that the plaintiff must mitigate damages, i.e. that it must inform the alleged infringer as soon as possible in order to minimize the impact of the infringement.
The door swings both ways, I'm afraid. By not identifying any infringing technology -- but nonetheless advancing vague claims of infringement -- Microsoft can argue specific infringements later on without prejudice.
So far, MS has made vague allegations but it hasn't revealed anything specific to those it holds responsible for the alleged infringement. That's a good indication that they don't believe their case is strong enough to litigate.
Litigation is the option of last resort. You don't automatically default to it. Personally, I think they're much better off negotiating with various Linux companies than going to court.
Member since:2006-12-07
No, this is a good indication that Microsoft has no intention to go to court, just as they said more than once.
Far as I understand, this is not so much about Linux and accompanying applications. It is just an initiative to establish mutualy agreed patent protection. I am FreeBSD user, and those patents might address FreeBSD, too, but I am not worried at all.
I don't think that there is a reason to worry for anybody. People making noise about the deals are just Microsoft haters who can't stand to see their favourite software being involved. It is purely ideological/religious.
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Member since:
2005-07-02
All the time they spend *not* identifying which patents Linux allegedly infringes on actually weakens their case. There is an accepted legal principle in IP law that the plaintiff must mitigate damages, i.e. that it must inform the alleged infringer as soon as possible in order to minimize the impact of the infringement.
So far, MS has made vague allegations but it hasn't revealed anything specific to those it holds responsible for the alleged infringement. That's a good indication that they don't believe their case is strong enough to litigate.