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Microsoft exec touts mixed source ventures

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| Microsoft has been making moves on the licensing front and accommodations
| with open source, such as its controversial 2006 agreement with Novell
| pertaining to Suse Linux. Looking to elaborate on Microsoft's activities,
| Horacio Gutierrez, Microsoft vice president and deputy general counsel for
| Intellectual Property and Licensing, met last week with InfoWorld Editor at
| Large Paul Krill at InfoWorld offices in San Francisco.


The dying embers of Microsoft's IP claims against open source

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| Indeed, I'd argue that one primary reason for shacking up with Novell wasn't
| Microsoft's patent portfolio, but rather Novell's: Novell had key IP that
| goes to the heart of Microsoft's Office business. The Linux patent covenant
| was a way for Microsoft to clean up its own patent violations. Funny, that.
| When I was at Novell my team in the CTO's office never worried about a patent
| lawsuit from Microsoft.
| But that's just the way the modern software world works: it's such a thicket
| of conflicting IP claims that the only rational (and workable) solution is to
| overlook competing claims.


Legal Eye: Do we need GPLv3?

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| In addition, discriminatory patent deals of note have challenged the
| enforceability of version 2. The 2006 agreement between Microsoft and Novell
| was struck ostensibly to make Linux and Windows work better together. But it
| also created an uneasy truce; indeed, commentators argue that Microsoft has
| recently started telling people it will not sue open source software users
| for patent infringement provided the users purchased software from a vendor
| that is paying Microsoft for the privilege of using its patented technology.


Novell is with Microsoft.


Litigating against innovation: Legal attacks on Linux

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| Patents and how they're controlled are damaging the way technology is
| developed - and the Linux case is a key example of this.
| [...]
| Litigation as a mode of business is fashionable in the current climate, but
| offers little or nothing of benefit to users or developers. Authorial
| copyrights in the US have been extended to 70 years after the author's death.
| The law that made this possible, the Sonny Bono Copyright Term Extension Act,
| was passed in 1998. Patent law, meanwhile, increasingly protects the
| interests of the powerful, encroaches upon notions of innovation and freedom
| to operate, and is used to inhibit competition. Both are in critical need of
| reform.


Memo to Microsoft: Put up or shut up on patent claims

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| They have signed innumerable contracts based on the claims, contracts which
| assume the truth of the claims, and caused the production of products whose
| chief selling point is that their makers admit the legitimacy of the claims.
| Microsoft seems in no hurry to change the status quo. They are not going to
| put up, in the form of a lawsuit. They are not going to shut up, either,
| given the commercial advantages they have created.


'PatentGate,' one year later: Microsoft against the open-source world

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| "Claiming you have IP that folks are infringing isn't the same thing as
| proving it," wrote Pamela Jones, author of the open-source legal blog
| Groklaw.net, in an e-mail. "I think they [Microsoft] are in a weaker position
| because they did the [cross-licensing] deals. It makes them look needy,
| like they can't make it any more without Linux."
| "The [legal] threat [to open-source] is no greater" today than a year ago,
| wrote Mark Radcliffe, a lawyer with DLA Piper's Silicon Valley office and the
| general counsel of the Open Source Initiative, which oversees the approval of
| open-source software licenses, in an e-mail.
| Take Redmond's attempts to persuade vendors to sign cross-licensing deals
| that include protection from potential open-source patent lawsuits by
| Microsoft.


Feeling the heat at Microsoft

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| If I ask you who is Microsoft's biggest competitor now, who would it be?
| Ballmer: Open...Linux.



Sun exec accuses Microsoft of 'patent terrorism'

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| The efforts of Microsoft to pressure the Linux community over alleged and
| unspecified patents is akin to "patent terrorism", according to a local
| executive for Sun Microsystems.


Microsoft, the art of Corporate Terrorism.

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| Microsoft, no longer the technological leader in the Computer Desktop
| market, is taking on a terrorist role in its attempt remain in power
| at all costs. (see the link to the CNN story below)
| The tactic is intended to frighten current, and would be, free
| software users away from products that Microsoft just can't compete
| with. It's not a new tactic, but for the first time desperation is
| beginning to show.


Convicted Monopolist Terrorizes Software Industry

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| That headline is designed to grab your attention. Sensationalistic as
| it may be, it also happens to be true, if what you mean by 'terrorize'
| is to provoke fear.
| If you've been following the presidential race in the United States,
| you know the present crop of candidates have been exploiting the fear
| of the American people as they never have before in the history of
| the country.

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