Originally posted by: drag
I can see patenting a software idea if it's actually new and revolutional, but that's not how software works usually. It's a gradual, evolutionary thing.
I am going to say this one more time: MS patents things defensively, unlike IP potfolio companies like Eolas. Sometimes these patents are for things that really are interesting, and sometimes they are not.
ALL legitimate companies patent their ideas aggressively precisely because if they don't, another company will come along and sue them for infringement. It's a matter of self defense: patent, or get sued into oblivion. If a company CAN be granted a patent to add to its portfolio, why not? It's not always clear which patents will be useful 10 years down the road. But perhaps that patent will give the team a legal recourse to either defend itself in other infringement cases, or to counter-sue in an attempt to force a cross-licensing agreement.
The problem is, that was
traditional corporate patent warfare. Today it's much worse than that. Today, you never know when Eolas will come along from no where and, even though they don't even sell a product, claim damages from you exceeding $1 billion and receive an award of $521 million.
But we're getting way off topic here debating software patents themselves! Ballmer did NOT threaten litigation. To get a threat out of his words, you have to read so far between the lines that you might start seeing secret subliminal messages too.
Ballmer's point is that some things require licenses. Take, for example, MPEG2 decoders for DVD software. Or the MPEG4 audio codec (AAC) made by Dolby Laboratories. Such decoders are patented software, requiring per-decoder licensing fees overseen by the Motion Picture Experts Group. If you are running a free version of Linux that somehow includes these components, then you have not paid your license. It is reasonable to expect that some companies will not be as nice as Microsoft has traditionally been on this issue, and will actually ENFORCE their patent portfolios offensively (and not just defensively). Ballmer basically is just saying, "There is no precedent here, and the future is not clear about the legality of such situations." I don't see what's so controversial about that statement!
Originally posted by: VirtualLarry
IMHO, they're not going to hold back any more, because the only way to "kill" Linux, if that's even possible, is via patent infringement lawsuits - whether real, or imagined, due to MS FUD.
I'm amused that people here in this thread are claiming that Microsoft is responsible for the FUD here. That's hilarious! The original Slashdot post on this was classic FUD. "Guess what, Microsoft's CEO just threatened to sue Asian companies if they adopted Linux! Yep! He said that Linux violates 200+ patents! This is just what we feared: Microsoft is going to start suing everyone running Linux now!"
Fear, Uncertainty, and Doubt are exactly what fanned the flames to make this article newsworthy in the first place. And frankly, it's getting to the point where the Slashdot crowd is starting to look like the Boy who Cried Wolf.
Drag, your citation of Bill Gates proves my point EXACTLY. Let me quote:
"The solution to this is patent exchanges with large companies and patenting as much as we can."
Exactly! Can you say, "cross-licensing agreements" and "defensive patent portfolio"??