Linked by Thom Holwerda on Wed 1st Jul 2009 20:49 UTC
Ubuntu, Kubuntu, Xubuntu The Mono discussion may be tiring, but the fact of the matter is that thanks to this discussion, various major Linux distributions are now making official statements detailing their position in the Mono/C# debate. The latest to do this is Ubuntu, which reiterated their position yesterday.
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RE: Cannot sue
by redbeard on Thu 2nd Jul 2009 18:14 UTC in reply to "Cannot sue"
redbeard
Member since:
2006-03-11

“ Microsoft cannot sue for the existence of something they helped create. Any prospective judge for the case would turn around and say "Okay, if the development is being done without a license, and if it infringes your patents, why did you contribute to its development?" “

And this is the point that people keep missing MS doesn’t have to be the one to sue. Does any think that there might be a patent troll out there that has a patent on .Net/Mono “IP” that we don’t know about? Why there are at least a couple of former MS VPs that are in the patent business since they left MS.

Soooo at some point in the future after linux has some uptake in the corporate world along with a mono based app or two that is in wide use, one of these patent troll companies files suit against a few mid-size companies and MS for infringement. Remember a patent holder can sue individual end users of the software. Now MS doesn’t have to fear any retaliation since they are being sued too. MS can settle for some big cash which will include a license for anybody using MS software. The mid-size companies either pay up or fight on doesn’t really matter to MS. MS now crows about how FOSS can NOT protect you like MS can! . . . FOSS software is dangerous to your business. At this point MS has won a nice little victory since all of the PHBs won’t be using that penguin software again since they might get sued . . .

Reply Parent Score: 2

RE[2]: Cannot sue
by akns on Thu 2nd Jul 2009 21:42 in reply to "RE: Cannot sue"
akns Member since:
2009-07-02

So what do you suggest: Redbeard?
Don't use mono because a third party could sue? What about any other software, like python or linux... Any third party could sue them too. So that's not much of an argument for or against mono.

Reply Parent Score: 1

RE[3]: Cannot sue
by redbeard on Fri 3rd Jul 2009 06:04 in reply to "RE[2]: Cannot sue"
redbeard Member since:
2006-03-11

“Those that don’t learn from history are doomed to repeat it.” My point is this, MS has a history . . . Look at that history and how they have treated their “partners” and how many of those partners survive their dealings with MS. I am not just talking about small players either.

MS will use any tool at their disposal to protect their business to the point of being convicted of abusing their monopoly position. BTW this was when Linux wasn’t even on their radar screen. They have used third parties or apparent third parties to do their bidding in the past, I believe that astroturfing was coined based on MS practices. Look at what they did with the ISO MSOOXML standardization process.

Their FUD attacks on Linux are well known, and to this point have had questionable success. The big guns haven’t come out yet as FOSS isn’t enough of a threat, but they are worried based on all of the attention they are giving FOSS. Don’t fool yourself into thinking that MS has not been strategizing and implementing contingencies to address the threat. Large successful companies must do this and there is nothing wrong with doing it to a point . . . big business is ruthless. Rivals also must continually evaluate what the other side is doing and try to understand where the other side is going and how they might be put in a weaker position.

So ask yourself this, how does mono help MS’s bottom line? The answer is it does not. MS will not have products running on Linux due to mono. So why help the mono project? Goodwill? . . . To help Novel or developers out? . . . or to embrace the competition?

Well you say, no worries the ECMA standards protect us do to the "RAND + Royalty Free" provisions. They might IF (1) you can get a license and (2) mono/.Net were static, which they are not. .Net has already progress (Extended) past the standard and mono is trying to keep up. Each step in this development adds “IP” that can be patented that will be outside of the ECMA standard. So the next step is wait for business to embrace the IP within Linux.

“Those that don’t learn from history are doomed to repeat it.” MS made it clear that Novel and their customers needed to be protected from being sued by MS because of MS “IP” associated with software being developed by Novel, including mono. FUD . . . maybe, maybe not, but MS will work to make it come true when it is to MS’s best advantage. MS will use a “third” party so they won’t be subject to a patent retaliation. This isn’t a real third party, it will be someone that MS can influence but far enough distant so as not to be directly tied to MS (plausible deniability).

So it is not just any third party you have to worry about, but the trigger man for MS. Other IP threats do exists, but when the spider says to the fly,"Will you walk into my parlor?" (http://www.wussu.com/poems/lctlq.htm) what do you do? MS has already told you what they are up to . . .

Reply Parent Score: 1