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May 29th, 2007

Zemlin of Linux Foundation lets fly at Microsoft

Posted by Dana Blankenhorn @ 7:12 am

Categories: GPL, General, Legal, Linux, Linux Desktop OS, Linux Server OS, Microsoft, Patents

Tags: Linux, Microsoft Corp., Dana Blankenhorn

Penguins in the water, by Guillaume DaugardThe reason for the merger which created the Linux Foundation was to give open source a big, unified platform from which to respond to threats. (Picture of penguins flying in the water is by Guillaume Daugard.)

Given the reality of Microsoft’s patent threat, it was only a matter of time before Linux Foundation executive director Jim Zemlin laid the smackdown.

He did this in a Business Week column (next time Jim, call me first). The bottom line — bring it on.

Zemlin calls the whole Microsoft move a delaying tactic, a rational action by a company that earns $34 million in profit each day from products threatened by open source. He also points to Microsoft’s recent MP3 patent loss to Alcatel as reason why it should support a cease fire.

He then, very cleverly, makes a nationalistic argument:

The Linux Foundation does believe the current software patent system is problematic. The superpowers have their stockpiles. The trolls have their stashes. Rather than spurring innovation, which is of course the raison d’ĂȘtre of the patent system, today’s patent games will divert dollars away from research and development in the U.S. Instead, those dollars will fund innovative activities in countries that have better things to do with their time and money than litigate.

The penguin is an interesting bird. On land it looks silly. In the water it’s a fearsome predator, beautifully balletic, and thoroughly at home.

With the Linux Foundation, Microsoft is facing a penguin in the water.

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 34 Talkback(s)
Who is paying?
The simple assertion of a patent right does not justify the transfer of funds. To not settle the matter is to accede to the correctness of the assertion. By the way, in multiple former lives, I invented the concepts of thinking, writing and emotions. Pay me.... (Read the rest)
Posted by: Jambalaya Breath Posted on: 06/07/07 You are currently: a Guest | | Terms of Use
This is not a new argument ...  bportlock | 05/29/07
But Eolas and Alcatel...  Anton Philidor | 05/29/07
Let us dispose of this well-worn and incorrect argument  bportlock | 05/29/07
Let' not forget the portion going to lawyers, the distraction of the  DonnieBoy | 05/29/07
Yes - I had neglected those details....  bportlock | 05/29/07
Money moving through an economy helps.  Anton Philidor | 05/29/07
We are talking tranfering a lot of money to lawyers, and some from one  DonnieBoy | 05/29/07
Donnie, how do lawyers help the economy?  Anton Philidor | 05/30/07
if we did not need so many lawyers, they could do something else productive  DonnieBoy | 05/30/07
Unilateral?  rapson | 05/29/07
The difference is ....  bportlock | 05/29/07
Would you preclude Microsoft from being generous?  Anton Philidor | 05/29/07
My choice is...  Mercutio_Viz | 05/30/07
I'm not spoiling for a fight....  bportlock | 05/30/07
Patent money can change hands without a Court case...  Anton Philidor | 05/30/07
Right, but still a huge drain and distraction. Instead of inovating, these  DonnieBoy | 05/30/07
Who is paying?  Jambalaya Breath | 06/07/07
Losing is the lesson  DanaBlankenhornZDNet Moderator | 05/29/07
Which is why....  bportlock | 05/29/07
Still unilateral  rapson | 05/29/07
Hopefully, if everybody starts to realize that Software patents will just  DonnieBoy | 05/29/07
All we've seen...  rapson | 05/30/07
The other thing that has to be EXTREMELY frustrating for MS is that  DonnieBoy | 05/29/07
Somebody wrote it  rapson | 05/29/07
Let us say...  bportlock | 05/29/07
With the GPL, there is no patent guarantee. It is specifically excluded.  DonnieBoy | 05/29/07
Interesting thing about bankruptcy  Jambalaya Breath | 06/07/07
And, this is another reason, that, from a customer perspective, open source  DonnieBoy | 05/30/07
and we are not blind  zzz1234567890 | 05/29/07
Innovation != patent  Mitch 74 | 05/30/07
re: Innovation != patent  deaf_e_kate | 05/30/07
Zemlin's observations may be correct ...  MisterMiester | 05/29/07
Yes, a great quote, and one to remember!!  DonnieBoy | 05/30/07
Litigation doesn't only screw up technology.  Rick_R | 06/01/07

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