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May 24th, 2007

Microsoft forces hard questions on open source

Posted by Dana Blankenhorn @ 6:59 am

Categories: Development, Enterprise Policy, General, Legal, Linux, Microsoft, Patents, Strategy, management, mass market

Tags: Patent, Open Source, Microsoft Corp., Dana Blankenhorn

In Focus » See more posts on: Software Patents

Bill Gatus of BorgA Microsoft spokesperson “confirmed it has no immediate plans to sue” over patents. In a statement mailed to ZDNet UK, Microsoft confirmed it would not litigate for now.

No immediate plans. For now.

Open source is getting played.

Microsoft is holding a sword over the head of all open source users, and all open source developers, a sword its lawyers may wield at any time to bankrupt start-ups and send programmers to the poor house.

A lawsuit by a giant company such as Microsoft is a life-changing event. Everyone knows it. We all want to avoid it.

So what is this “no immediate plans for now” nonsense? You either have a case or you don’t. You either sue or you don’t.

Here’s the truth. Microsoft does not have a case. The Roberts Supreme Court is taking a dim view of patents whose aim is to discourage innovation. This is a clear case of patents used in just that way.

Microsoft wants to have it both ways. It wants people to treat it as a good corporate citizen, yet at the same time it wants them to fear crossing it by supporting open source.

Will Microsoft get away with it? Only you can answer that question:

  • Are you pulling back your open source plans in the face of these implied threats?
  • Or are you going ahead?
  • Are you going to continue feeding Microsoft its demanded license fees?
  • Or are you going to risk its ire by switching to Linux and Open Office?

Democrats in Congress aren’t the only folks facing hard questions this Memorial Day weekend.

Oh, the picture. It’s a detail of the BillGatus of Borg cover run by Jack Rickard’s Boardwatch Magazine in May, 1996. It’s sort of the Mona Lisa of anti-Microsoft snark

Dana BlankenhornDana Blankenhorn has been a business journalist for 30 years, a tech freelancer since 1983. You can follow Dana on Twitter. See his full profile and disclosure of his industry affiliations.

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  • Talkback
  • Most Recent of 8 Talkback(s)
Lies and fair speech is the keynote of the day
What kind of flim flam do you call
that? "The ruling of law stands",
yet "MS is smart enough not to put
the decision in the hands of the
courts"?

Really, that is worse than legal
double-speak. what do you call it?
Microspeak?... (Read the rest)
Posted by: Ole Man Posted on: 03/27/08 You are currently: a Guest | | Terms of Use
The threat is stronger than the execution.  Anton Philidor | 05/24/07
By George you've got it  DanaBlankenhornZDNet Moderator | 05/24/07
Fair enough.  Anton Philidor | 05/24/07
You may be right, but...  DanaBlankenhornZDNet Moderator | 05/24/07
Case Law is Case Law until overturned! - Like it or Not!  andrej770 | 12/18/07
Lies and fair speech is the keynote of the day  Ole Man | 03/27/08
Open source and innovation - they have only copied others innovation  zzz1234567890 | 05/25/07
Hard not to  macoafi | 05/28/07

What do you think?

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