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Linux Backers Prepare Defense Against Microsoft Litigation Threat
Posted by Bear Bottoms on November 21st, 2006


BRUSSELS, Belgium — Supporters of PC operating system Linux are preparing
to counter a recent deal penned by Microsoft Corp (MSFT) which establishes
for the first time the principle of paying the software giant for the
operating system, whose license requires it to be free.

Microsoft signed a deal with Novell (NOVL), one of the providers of Linux,
in which Novell paid it a lump sum in return for a guarantee that
Microsoft would not sue Novell's clients for what it calls a violation of
its own patents in Linux code.

The prospect of a drawn-out legal battle with Microsoft, an experienced
litigator, could push users of Linux into the hands of Novell and away
from dominant Linux provider, Red Hat (RHAT), which does not have such a
deal with Microsoft.

• Click here to read how Novell's CEO disputes Microsoft's allegation that
the deal between the two companies amounts to an admission that Microsoft
has legal claims on Linux.

• Click here to visit FOXNews.com's Home Computing Center.

Although Linux is free, providers of the system offer the software with
packaging, documentation and — most important — installation and
maintenance, so any client shift from Red Hat would cost it money.

http://www.foxnews.com/story/0,2933,231036,00.html

--
I Research Freeware http://bearbottoms1.com

Posted by Mark Carter on November 22nd, 2006


Bear Bottoms wrote:
Possibly, although IBM might step in if Microsoft actually did try to
sue someone. The stakes are too big. But I invoke the ultimate get-out
clause: it would probably depend on specifics.

Here's a snippet from GPL v 2, 1991:
"Finally, any free program is threatened constantly by software patents.
We wish to avoid the danger that redistributors of a free program will
individually obtain patent licenses, in effect making the program
proprietary. To prevent this, we have made it clear that any patent must
be licensed for everyone's free use or not licensed at all."

Anyone care to state what significant changes there are in GPL 3 wrt
patenting issues? GPL 2 seems to have things pretty well sewn up.


Well, there's been lots of speculation on that point. And I think that's
all it is: speculation. Anyone care to provide analysis that would
support the theory.


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