05.16.07

Gemini version available ♊︎

Microsoft Open to Mutual ‘Innovation Tax’ (Protection Racket) Program

Posted in GNU/Linux, Microsoft, Patents at 6:31 pm by Dr. Roy Schestowitz

In the latest round of intimidation charades, Microsoft seems to respond to some claims made by Linus that Microsoft probably violated many patents.

Microsoft: If we’re violating IP, ‘we’ll take a license’

[...]

Now, courtesy of the same Microsoft public-relations representative who provided us press/blogger folks with Microsoft’s full statement on May 14 on its latest patent-infringement claims, here are a couple more Microsoft sound bites on this issue.

The company still seems to believe that it can impose innovation tax, as the following from Sun Microsystsms explains.

Last month, we were hit with two new patent troll cases. With each, there was no warning, no offer to license – just a lawsuit. And, who are these “aggrieved” plaintiffs? In the first case, the litigant is a company called “Exponential Systems”. Exponential alleges that our Sun Grid Compute Utility infringes their patents. So who is spuroAre they creators of competing technology? Do they invest in R&D? Do they create products and jobs that add value to society? Hard to tell, but I doubt it. All we know is that the original patents were owned by a company called “Hemisphere II Investments”, which then transferred the patents to Exponential for the grand sum of $5.

Seriously. We are being dragged into expensive litigation and this is all we know about the other party. Even more frustrating is that one of the primary goals of our Sun Grid is to drive down the cost of computing. I’ve written previously about this tax on innovation. This is a real example.

Software patents do not make sense. Nobody wants them or needs them, except those who try to protect a monopoly that can afford spurious paperwork.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

A Single Comment

  1. gpl1 said,

    May 16, 2007 at 10:20 pm

    Gravatar

    Linspire and Kevin Carmony want to violate the spirit of the GPLv2 like Novell IMO.

    Unlike Novell’s agreement, I belive that this idea will still be legal under the GPLv3 (although of crouse Novell’s will be too with the grandfather clause)

    Please read this message board thread based on an article from
    Kevin Carmony.

    Thread: http://forum.freespire.org/printthread.php?t=7196&pp=100

    Article: http://www.linspire.com/linspire_letter_archives.php?id=45

    He posts about wanting to give Linspire _customers_ the option of
    paying Microsoft their extortion money, (somewhat like Novell), but it
    seems tailored to circumvent the current GPLv3 draft this time.

    “Originally Posted by dale95: So Linspire is willing to essentially
    pay royalties to Microsoft for patents? Even though it is against the
    GNU license which Lunix is under?

    Kevin Carmony is saying he agrees with the idea that Linspire pays
    Microsoft in exchange for not sueing Linspire customers over patent
    rights, especially corporate and business customers.

    Wow! I did not really understand the earlier Novell – Microsoft
    agreement before.

    I guess it is practical in the short term.. but are the minds that
    built Linux going to keep writing code which Microsoft skims money
    from.

    Mmm.. Interesting..”

    “Originally Posted by Kevin Carmony: No, Linspire wouldn’t pay the
    royalty, the customer would…IF THEY CHOOSE. What Linspire would
    consider is providing THAT CHOICE, rather than see Linux flounder as
    enterprise customers avoid it on the desktop for fear of messy IP.

    That was the whole point of the Linspire Letter, is that THE USER
    should have the choice here, not you, not me. Some enterprise
    customers and some OEMs would opt for that choice, others wouldn’t.
    That should be THEIR choice, not mine or yours. Thing is, some in the
    open source community believe enterprises shouldn’t even have that
    choice, in which case, they’ll just avoid Linux.

    Kevin”

    I don’t believe the current GPLv3 draft 3 would stop this action,
    since the customers buying the license are distributing and therefore,
    GPLv3 section 11 will not kick in.
    “If, pursuant to or in connection with a single transaction or
    arrangement, you convey, or propagate by procuring conveyance of, a
    covered work, and grant a patent license providing freedom to use,
    propagate, modify or convey a specific copy of the covered work to any
    of the parties receiving the covered work, then the patent license you
    grant is automatically extended to all recipients of the covered work
    and works based on it.” Of course, the customer then could not
    distribute GPLv2 or GPLv3 software, but that happens today already, as
    Jeremy Allison stated in his February LinuxWorld interview.

    Very disturbing, please reply back your comments or post something on
    Groklaw regarding this new threat ….it seems the GPL is falling
    apart ot me apart and becoming non-free right in front of our eyes (of
    course, they’re companies, but the GPL made Linux *the communities’*
    and *free*). I am not sure whether this is more or less significant
    than it seems to me.

DecorWhat Else is New


  1. Links 07/02/2023: Endless OS 5.0 and Voice.AI GPL Violations

    Links for the day



  2. No Doubt Microsoft Unleashed Another 'Tay', Spreading Bigotry Under the Guise of Hey Hi (AI)

    Reprinted with permission from Ryan



  3. Links 07/02/2023: Fedora 39 Development Plans Outlines

    Links for the day



  4. IRC Proceedings: Monday, February 06, 2023

    IRC logs for Monday, February 06, 2023



  5. Links 06/02/2023: Escuelas Linux 8.0 and Many Political Issues

    Links for the day



  6. Links 06/02/2023: Sparky 6.6 and IPFire 2.27 – Core Update 173

    Links for the day



  7. Taking Back Control or Seizing Autonomy Over the News Cycle (Informing People, Culling the Marketing)





  8. Reality Versus Fiction: EPO Insiders Versus EPO Web Site and UPC 'Churnalists'

    The "official" sources of the European Patent Office (EPO), as well as the sedated "media" that the EPO is bribing for further bias, cannot tell the truth about this very large institution; for proper examination of Europe's largest patent office one must pursue the interpretation by longtime veterans and insiders, who are increasingly upset and abused (they're being pressured to grant patents in violation of the charter of the EPO)



  9. Links 06/02/2023: Linux 6.2 RC7 and Fatal Earthquake

    Links for the day



  10. IRC Proceedings: Sunday, February 05, 2023

    IRC logs for Sunday, February 05, 2023



  11. Links 05/02/2023: Wayland in Bookworm and xvidtune 1.0.4

    Links for the day



  12. Links 05/02/2023: Pakistan Blocks Wikipedia, Musharraf Dies

    Links for the day



  13. IRC Proceedings: Saturday, February 04, 2023

    IRC logs for Saturday, February 04, 2023



  14. Links 04/02/2023: FOSDEM Happening and Ken Thompson in SoCal Linux Expo

    Links for the day



  15. 2023 is the Year Taxpayers' Money Goes to War and Energy Subsidies, Not Tech

    Now that a lot of powerful and omnipresent ‘tech’ (spying and policing) companies are rotting away we have golden opportunities to bring about positive change and maybe even recruit technical people for good causes



  16. Getting Back to Productive Computer Systems Would Benefit Public Health and Not Just Boost Productivity

    “Smartphoneshame” (shaming an unhealthy culture of obsession with “apps”) would potentially bring about a better, more sociable society with fewer mental health crises and higher productivity levels



  17. Links 04/02/2023: This Week in KDE and Many More Tech Layoffs

    Links for the day



  18. Dotcom Boom and Bust, Round 2

    The age of technology giants/monopolies devouring everything or military-funded (i.e. taxpayers-subsidised) surveillance/censorship tentacles, in effect privatised eyes of the state, may be ending; the United States can barely sustain that anymore and raising the debt ceiling won't solve that (buying time isn't the solution)



  19. Society Would Benefit From a Smartphoneshame Movement

    In a society plagued by blackmail, surveillance and frivolous lawsuits it is important to reconsider the notion of “smart” phone ownership; these devices give potentially authoritarian companies and governments far too much power over people (in the EU they want to introduce new legislation that would, in effect, ban Free software if it enables true privacy)



  20. IRC Proceedings: Friday, February 03, 2023

    IRC logs for Friday, February 03, 2023



  21. IRC Proceedings: Thursday, February 02, 2023

    IRC logs for Thursday, February 02, 2023



  22. Links 03/02/2023: Proton 7.0-6 Released, ScummVM 2.7 Testing

    Links for the day



  23. Links 03/02/2023: OpenSSH 9.2 and OBS Studio 29.0.1

    Links for the day



  24. Links 03/02/2023: GNU C Library 2.37

    Links for the day



  25. Sirius Finished

    Yesterday I was sent a letter approving my resignation from Sirius ‘Open Source’, two months after I had already announced that I was resigning with immediate effect; they sent an identical letter to my wife (this time, unlike before, they remembered to also change the names!!)



  26. The Collapse of Sirius in a Nutshell: How to Identify the Symptoms and Decide When to Leave

    Sirius is finished, but it's important to share the lessons learned with other people; there might be other "pretenders" out there and they need to be abandoned



  27. Links 03/02/2023: WINE 8.1 and RapidDisk 9.0.0

    Links for the day



  28. Links 02/02/2023: KDE Gear 22.12.2 and LibreOffice 7.5

    Links for the day



  29. Linux News or Marketing Platform?

    Ads everywhere: Phoronix puts them at the top, bottom, navigation bar, left, and right just to read some Microsoft junk (puff pieces about something that nobody other than Microsoft even uses); in addition there are pop-ups asking for consent to send visitors’ data to hundreds of data brokers



  30. Daily Links at Techrights Turn 15, Time to Give Them an Upgrade

    This year we have several 15-year anniversaries; one of them is Daily Links (it turned 15 earlier this week) and we've been working to improve these batches of links, making them a lot more extensive and somewhat better structured/clustered


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts