MESSAGE
| DATE | 2006-11-18 |
| FROM | rc
|
| SUBJECT | Re: [NYLXS - HANGOUT] Sun and the GPL
|
> "The war is over. Linux won."
But... Microsoft 0wnz Linux according to Ballmer ...d'oh!
http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9005171&source=NLT_AM&nlid=1
Ballmer: Linux users owe Microsoft
Eric Lai
November 16, 2006 (Computerworld) 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.
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."
(Open-source fans later fired back with comments of their own about
Ballmer's assertion.)
The Nov. 2 deal involves an agreement by Novell and Microsoft to boost
the interoperability of their competing software products. It also calls
for Microsoft to pay Novell $440 million for coupons entitling users to
a year's worth of maintenance and support on SUSE Linux to its
customers. In addition, Microsoft agreed to recommend SUSE software for
Windows users looking to use Linux as well.
A key element of the agreement now appears to be Novell's $40 million
payment to Microsoft in exchange for the latter company's pledge not to
sue SUSE Linux users over possible patent violations. Also protected are
individuals and noncommercial open-source developers who create code and
contribute to the SUSE Linux distribution, as well as developers who are
paid to create code that goes into the distribution.
Many open-source advocates criticized the deal, nevertheless. They
argued that it was tantamount to an admission of patent violations by a
key Linux supporter that bolstered Microsoft's case if it decided press
its patent claims.
At the time, Microsoft officials, including Ballmer, were mum on whether
the Linux kernel, which is governed by the General Public License and
takes contributions from programmers all around the world, violated
Microsoft's patents.
Ballmer was more open today.
"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."
"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."
Officials at Red Hat Inc., the leading Linux distributor, also dismissed
Ballmer's comments. "We do not believe there is a need for or basis for
the type of relationship defined in the Microsoft/Novell announcement,"
said Mark Webbink, deputy general counsel.
Red Hat has called Microsoft's legal threat a looming "innovation tax."
It also said that it can protect its customers against patent claims.
Jones noted that after the Nov. 2 deal was announced, Novell said on its
Web site that "the agreement had nothing to do with any known
infringement. So which is true?"
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."
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.
Ron Guerin wrote:
> Ruben Safir wrote:
>> On Fri, Nov 17, 2006 at 01:42:14PM -0500, Billy wrote:
>>> On Nov 15, 2006, at 12:30 PM, Ron Guerin wrote:
>>>> Ruben Safir wrote:
>>>>> Sun to release OpenSolaris under the GPL?
>>>>>
>>>>> 11/14/2006 6:50:35 PM, by Ryan Paul
>>>> [snip]
>>>>
>>>>> Sun's current interest in the GPL is likely a result of Green's
>>>>> influence.
>>>> Uhm. No. Actually no need to speculate about it, since Schwartz
>>>> already told us what their current interest in the GPL is.
>>>> The Microsoft-Novell deal has shown them the error of their ways.
>>>>
>>> I don't know what this means.
>> That is exactly what I said, and BTW, I was thinking of you today and even looked
>> up your website.
>
> "... a rising tide lifts all boats"
> http://blogs.sun.com/jonathan/entry/fueling_the_network_effect
>
> And apparently they're dining on crow and hat over at Sun.
>
> Dana Blankenhorn suggested over on ZDNet about a week ago "The war is
> over. Linux won." One might say the same about the GPL.
>
> - Ron
>
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