Linked by Thom Holwerda on Fri 8th Jun 2007 15:01 UTC, submitted by AdministratorX
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:
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.