“In comments confirming the open-source community’s suspicions, Microsoft Corp. CEO Steve Ballmer today declared his belief that the Linux operating system infringes on Microsoft’s intellectual property,” Eric Lai reports for Computerworld.
Lai reports, “In a question-and-answer session after his keynote speech at the Professional Association for SQL Server (PASS) conference in Seattle, Ballmer said Microsoft was motivated to sign a deal with SUSE Linux distributor Novell Inc. earlier this month because Linux ‘uses our intellectual property’ and Microsoft wanted to ‘get the appropriate economic return for our shareholders from our innovation.'”
“‘Novell pays us some money for the right to tell customers that anybody who uses SUSE Linux is appropriately covered,’ Ballmer said. This ‘is important to us, because [otherwise] we believe every Linux customer basically has an undisclosed balance-sheet liability,'” Lai reports.
“‘My reaction is that so far, what he [Ballmer] said is just more FUD [fear, uncertainty and doubt],’ said Pamela Jones, editor of the Groklaw.net blog, which tracks legal issues in the open-source community. ‘Let him sue if he thinks he has a valid claim, and we’ll see how well his customers like it,'” Lai reports.
“Jones also challenged Ballmer to ‘put his money where his mouth is’ and detail exactly what part of the Linux kernel source code allegedly infringes upon Microsoft patents, so that ‘folks will strip out the code and work around it or prove his patent invalid,'” Lai reports. “Ballmer did not provide details during his comments today. But he was adamant that Linux users, apart from those using SUSE, are taking advantage of Microsoft innovation, and that someone — either Linux vendors or users — would eventually have to pay up. ‘Only customers that use SUSE have paid properly for intellectual property from Microsoft,’ he said. ‘We are willing to do a deal with Red Hat and other Linux distributors.’ The deal with SUSE Linux ‘is not exclusive,’ Ballmer added.”
Full article here.
MacDailyNews Take: Microsoft and “innovation” go together like Steve Ballmer and antiperspirant.
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Wait a second….doesn’t this remind some of you of the whole Linux lawsuit stuff a couple years ago? I forget the company, but they went around suing, and everyone was certain M$ was behind the scenes funding the lawsuits.
Wow, never thought I’d see Ballmer come out and say it. What kind of fantasy land does that man live in??
> Is the OS X kernel based on Linux?
Mach kernel
The beast is feeling threatened. It will lash out at the weakest first.
Steve M.,
You are referring to the SCO lawsuit. They claimed their code was in the source code of the Linux kernel. IBM stepped in and countersued. I wouldn’t be surprised to see IBM step in here as well although I don’t think Microsoft ever has any intentions of suing any Linux distributor. They are just making threats and Novell, who is dying, decided to take the cash. Red Hat has already told Microsoft where they can stick it.
This is why all software patents are wrong. Even from Apple. You can copyright your code and sue if someone uses it without your permission, but software ideas should always remain free.
Apple created the GUI (yes, I know Xerox technically did). Microsoft copied it. So what. X Windows has had multiple desktop capability for years. Apple copies it and calls it Spaces. So what. Its all about innovation. Let innovation be free to prosper. We all benefit in the end. Unless the lawyers get control.
Steve M – Wasn’t it SCO that wanted to sue everyone.
Mac OSX is based on BSD Unix to be precise
someone said its just too easy to make fun of this guy. you’re right. I can’t even get to reading the story with pictures like this.
sweaty guy with a lightining fast right hand, just doesn’t seem right.
I totally agree with Jeff. Patent your source code and the the ideas roll on.
Microsoft has intellectual property?
Microsoft has intellectual property?
Microsoft has an intellect ?
Sorry maczealot. That’s what I get for going to get coffee before posting!
I hope he tries to take legal action. This will be a well needed nail in their coffin.
He is going after Apple indirectly….duh. At some point he will say his claim covers the Darwin kernel.
Windows NT used the Mach ukernel something the boys at M$ obviously did not invent.
Ballmerman is the monkey FUD KING!!! What does Unix base Linux have anything to do with CRAP base Windows? In fact, Windows and MicroS@#^ owe Mac OS big time!
> Ballmer owes apes for their innovative behaviour.
No, Ballmer has been indemnified by the apes in exchange for some M$ bananas.
Look, Microsoft already paid Apple. Time magazine in 1997 interveiwed Steve Jobs about Apple’s deal with Microsoft. Steve said that a settlement was part of that deal. I have the magazine, so if anyone wants the month and issue number I am sure I can get you the information, but yeah, microsoft is all paid up to Apple. Besides all the market share gains Apple will enjoy over the next few years is more than enough repayment.
MDN word “Appear” as in it would appear most of you really don’t pay attention to the technology sector. Go APPL
Ballmer using his standard fear tactics as usual.
fact: Linux open source owes NOTHING to Microsoft!
Let em sue – they will be laughed out of court!
Unless of course they fake evidence like the last anti-trust court case in the USA.
Ballmer is just trying to scare the open source community like the bully he is. He hopes this will destroy the open source community because he is SHIT SCARED of them.
After all, Microsoft cannot compete with a free OS and software!
Ballmer! ROTFLMAO!!!! LOL!!!!!
HAHAhahahahahahAHAHAHAH!!!
Ballmer! Oh my god I can’t stop laughing! ROTFLMAO!!!!! LOL!!!!!!
AHHHHHHAHAHAHAHAH!!!!!!
MORE VIRUSES TO COME FOR MS…
[that’s what got the whole thing going in a big way to begin with – MS threatened lawsuits, and the Linux community – really smart computer geeks – attacked them with viruses and overloaded MSN]
Let face it.. When you cant get anything right. Toss up a smoke screen!
Diddent people find that part of the Net stack in Windows 9X was really from Linux?
Would you buy a car from a jerk like Ballmer?
I read years ago that Windows NT/2000 was based on a DEC kernel.
While Apple and MS’s settlement in 1997 may mean that Apple cannot sue MS over any code issued before this date, it presumably also means that MS cannot sue Apple for this early code either. It seems that FreeBSD may have been a better choice than Linux for this reason alone.
Is Ballmer channelling the old Sony? He can’t seem to put a foot right. Even if what he is saying is true – leave it to the lawyers. At least Sony has repented and is fixing their ways (battery recalls, removed rootkit, BMG songs sold in iTMS, PS3 looks good, etc). But there is no repentance in MS.
Magic word ‘morning’ as in ‘Ballmer, take a shower, count your money, take a lie down and call me in the morning’.
Computer users of the world owe Microsoft like the Jews owe Hitler.
Classic case of if you can’t compete, sue. Novell knows that if Microsoft brought down the thunder it would be years in court and well over 40 million in lawyer fees, so they took the easy way out and paid the extortion money. They have now validated Microsoft’s FUD. This is exactly the same route EV1 took a few years ago when they paid SCO extortion money which bankrolled the case against IBM.
Corporations need to realize that doing the right thing will help them more in the long run than taking the easy way out.
FIRE…. ……..BAD