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May 16, 2007 | Comments: (0)
A Microsoft Pyrrhic victory?
The deluge of media coverage surrounding Microsoft's "threat" to sue Linux users over patent claims got me to thinking on the matter. It also led me to the blogosphere, where two posts in particular rang especially clear.
I think it is not smart to sue, particularly because adversity seems to make software better. I remember when Unisys patented GIF. PNG was created and it's better. That's what will happen here if this silly suit comes about.
My advice to Microsoft - instead of a law suit, choose innovation. Microsoft should aggressively write software for other operating systems and make something amazing.
Jonathan Schwartz phrased it better in his blog where he advised...
"You would be wise to listen to the customers you're threatening to sue - they can leave you, especially if you give them motivation. Remember, they wouldn't be motivated unless your products were somehow missing the mark."
Untangle's CEO Bob Walters is convinced Microsoft will not sue for the following reasons...
1) Pyrrhic Victory - Most observers would agree that suing your best customers and partners is a risky strategy, especially where alternatives and anti-trust sentiment exists.
2) Armageddon - Some of the folks likely to be named in a suit (e.g., IBM) have formidable patent portfolios of their own. Even the lowly Free Software Foundation and Linux Foundation are not without resources. Would Microsoft want to risk a temporary injunction against Window or Office?
3) Brand - Just as Microsoft is getting some good press for their novel work in securing their products and embracing the web, they again don the cloak of the 'evil empire.' Today's threat is tantamount to pulling that cloak out of the closet; a law suit would rivet it firmly in place.
Bob also provides some conjecture as to what Microsoft is up to...
1) Show their shareholders (and themselves) that they are 'doing something' to monetize their IP portfolio and to combat the 'OS threat.'
2) FUD Linux/OSS users into thinking twice before further deployments.
3) Open a small revenue stream and, more importantly, a market share bump in key risk-averse segments (e.g., financial services).
4) Distract everybody: Take attention off the Vista compatibility debacle (and, to a lesser extent, the Office 2007 fizzle); Increase internal morale by (re-)defining an enemy to engage; Take employee and shareholder minds off the bigger and even-tougher-to-beat enemy - Google.
...And I thought 2007 was the year Microsoft was cozying up to open source.
Posted by Harper Mann on May 16, 2007 10:23 AM
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FUD was used along time ago when Thomas Edison was trying to discourage the masses away from competing
superior technology (Tessler's DC current)by electrocuting an Elephant with the DC current technology to show everyone how scary and dangerous it was! Anybody remember Tessler? How about DC current?
I would gladly donate money to a fund to start legal action to stop MS (MafiaSoftware) from continuing their "dream land" FUD and have them disclose their purported "IP" infringements.
Our Tests with "VISTA " and "Office2007" were abysmal. We are now under a full "LINUX" initiative; to hold us we purchased a very large quantity of (ugghhh) XPP we will not move forward with any new offerings from MS! we have replaced EXCHANGE and are in progress of replacing OFFICE and MSSQL needless to say IIS has been gone for a very, very long time
Posted by: Rick at May 18, 2007 04:40 AMSo, is Microsoft implying, then that Vista is a failure and that Linux is now the superior operating system?
It would seem like this is the case. If Vista really was superior to Linux they probably wouldn't be taking so many legal measures to assert its supremacy. Its superior operating system would do that for them.
There are few things they can do to abate the wave of people that will be flocking to linux in the next few years as new developments in linux distro technology make it ever more appealing to the general public. Just take a look at more recent distros like Ubuntu, PCLOS, Mepis, Sabayon, and even Mandriva to name a few that have come leaps and bounds over the last 6 months to a year in terms of usability and general appeal. It reminds me of a song: "Anything you can do I can do better!" Just name it and if linux can't do better now, it will soon.
Linux is building momentum at an astonishing rate and though MS is a big heavy Giant, it won't be able to stop or even slow down by very much the avalanche that is coming its way.
Posted by: airdrik at May 18, 2007 08:42 AMLinux infringes on a lot more patents than just Microsoft. The open community had better learn to take these concerns seriously, else it won't mature enough to grow much larger than it currently is.
Posted by: eye2eye at May 18, 2007 03:55 PMOpen Source Software has been the great leveler to allow the poor and academic entities to fully participate and reap the benefits of technology even though we lack the funds of the fatcats. If MS pursues this it will rip the information divide wide open. It sickens me that with all of the wealth of MS, they are even considering striking at the information havenots. Truly this would be one of the gravest abuses of the free market system. It seems that the only answer is new legislation in the patent area. The GREED must be regulated since it can never be quenched.
Posted by: Daniel Webster at May 18, 2007 09:14 PMTraditionally, Microsoft has never delivered a superior OS than its OS competitors. Windows has been the one of the most vulnerable OS in terms of security and weak in stability. Even after more than 5 years of (much hyped) development, Vista is no different.
Now, the case is that they can not push this mess (Vista) into the throats of customers, they are trying other means to get their way. This will off course be at the cost of customers pockets by making them to buy it, not by customers' own choice, but by shutting off other much superior alternatives like Linux.
And the way they are doing is the way they have always done, by using FUD. MS does not have guts to disclose the 'so called' infringed upon patents, because they know that they are less likely to stand in court. So their choice is a 'proxy war' rather than real legal and fair war. Real legal war would surely bring mutual destruction, but more damage would be on Microsoft side if courts ask MS to show their code. As Linus said, "if MS windows source code is subjected to the same critical review as Linux has been, it would be more likely that MS violates more (valid) patents of others."
In all this, the funny side is that through FUD, MS would be charging for the code which they have not written. This brings to the light that MS are simply wily, wicked, monopolistic empire sucking up the customer's money, which they do not deserve.
It is high time that enterprises make conscious choice of dumping MS, and phase out their products out of use and move towards alternatives which encourage transparency, openness and choice.
This is the Anniversary of the day I got out of the USMC. Isn't it Ironic that it took all the games and the lack of trusting the words of those above me to cause me to leave! Now, hear I am VOLUNTEERING TO RUN LINUX for the same reasons. I had a Trojan horse so deep in my system I couldn't get it to go away!!!
My PC crapped out on me so bad I decided to reformat and start over! Weapon of choice.... LINUX.
I know very little about about all this software stuff, But I seem to know enough to figure out how to load Linux and follow the tutorials. It got me back to the internet on the first try! Try that with windows xp!! Any help with setting security on this PC would be welcome, Thanks.
It's a shame that Microsoft has taken a leaf out of SCO's book.
I'm not sure if they would actually sue or not. Keeping in mind the legal resources that they have it wouldn't suprise me if there is something behind this. I doubt they would be able to enforce any licensing as the specific parts of the code would eventually have to be exposed, and then the opensource world would rewrite them in 48 hours.
I think this is an attempt at brand de-valuing (Linux) and re-inforcement of their own. They must firmly believe that those who actually know and love Linux are not usually those who make the corporate decisions and by making a legal case, jumping up and down about it, it would diswade those who make corporate decisions to think twice about going opensource.
I suspect this is all "Smoke and Mirrors".
Posted by: Phil at May 18, 2007 11:42 PMNot very smart from MS to act as a SCO copycat :-/
Posted by: Philippe Lachaise at May 19, 2007 07:59 AMTOP STORIES
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