If Linux Infringes 200 Software Patents, Then Windows Infringes 2,000
A few days ago in Singapore, Microsoft CEO Steve Ballmer tried to scare off Asian governments from adopting Linux in ever-greater numbers, with veiled threats that Linux was potentially in violation of various software idea patents [1]. In reality however, the platform which is most at risk from drowning in patent litigation is Microsoft's own, and even Microsoft's US$50 billion cash hoard may not be enough to save it.
"At present, Linux is not the target of any software idea patent attacks," stated Con Zymaris, CEO of open source solutions company Cybersource. "Microsoft however, is facing between 30 and 35 such court actions [2]. To name but a few, Microsoft has been ordered to pay US$521 million to Eolas for an infringement in Internet Explorer and another US$440 million settlement to InterTrust Technologies Corp. for infringement of digital restrictions management patents and US$1.6 billion to settle a patent and anti-trust suit bought against it by Sun Microsystems. That's over US$2 billion for just three suits, well over US$500 million per patent case. Furthermore, the number of court cases against Microsoft is increasing."
Obviously responding to the Singaporean government's recent decision to migrate 20,000 PCs to open source desktop productivity applications [4], Ballmer is trying to use FUD about software idea patents as a weapon to stem more government and corporate defections to Linux. In his haste however, he forgets to mention that if software idea patents are a threat to Linux and open source, they are far more of a threat to Microsoft itself.
"If we believe Ballmer, the Linux kernel may possibly infringe on 228 software idea patents," continued Zymaris. "If that's the case, then it seems reasonable to expect Microsoft's Windows, which has a code-base ten times larger, infringes on over 2000. And that's just the operating system. Once we include Microsoft Exchange, Visual Studio, SQL Server and dozens of other products, Microsoft could be infringing on thousands more. On current track record, losing even 100 patent cases might be enough to deplete Microsoft current cash reserves. Suddenly that gargantuan mountain of money that Microsoft sucked dry from its customers doesn't quite seem large enough."
As an open source solutions company, Cybersource is strongly against software idea patents. Both open source and proprietary software are already well protected by copyrights. Further, a recent report by Price Waterhouse Coopers formally identified software idea patents as a threat to the software industry [5].
"Thankfully most countries do not allow the patenting of software ideas. Just as importantly, none of the US-sourced software idea patents (which might potentially be used against Linux) apply throughout Asia. Therefore Ballmer's scaremongering threats were totally disingenuous and certainly inaccurate," continued Zymaris.
"In watching Microsoft's recent movements in this space, we come to the conclusion that Microsoft have given up trying to compete with Linux and open source on value, quality and security. We had hoped that Microsoft would respond with better, more secure and much cheaper software, rather than resort to shabby veiled legal FUD. But if that's the message it wants to send the world, then so be it," concluded Zymaris.
Further reading:
Ballmer and the revenge of the Jade penguin http://comment.zdnet.co.uk/other/0,39020682,39174385,00.htm
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References:
[1] Author of Linux Patent Study Says Ballmer Got It Wrong http://www.eweek.com/article2/0,1759,1729908,00.asp
[2] Microsoft hit by dozens of patent suits http://www.eweek.com/article2/0,1759,1661094,00.asp
[3] Microsoft ordered to pay $521 million
http://news.com.com/2100-1012-5062409.html
[4] Singapore Dumps Microsoft, Goes Open Source http://www.techweb.com/wire/ebiz/50900190
[5] PwC: software patents threat to Europe http://www.theregister.co.uk/2004/09/15/pwc_swpat_are_a_threat/
Source: press release
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