Bear baiting
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| Author | Content |
|---|---|
| purplewizard Mar 22, 2007 5:07 AM EDT |
Whilst I agree with the sentiment it still leaves me with a (mild) feeling of nervousness that this is really a matter of taunting a dangerous animal. On the other hand I suppose that fear is possibly (probably) what they are hoping for industry wide to inhibit the take up of Linux systems. |
| dcparris Mar 22, 2007 6:40 AM EDT |
Well, I asked the same question, albeit, from a different angle, some time ago:
http://www.itbusinessedge.com/blogs/osb/index.php/48/if-linu... The bottom line remains the same: "Wanna threaten me? Put up yer dukes. I'm callin' yer bluff." It's like one of those Clint Eastwood movies where he proves the town folk _can_ be beat the bad guys at their own game. |
| bigg Mar 22, 2007 6:53 AM EDT |
> it still leaves me with a (mild) feeling of nervousness that this is really a matter of taunting a dangerous animal. Then we better drop the gloves right now and either put Linux to rest, or put the FUD to rest. There's no sense going forward with the development of Linux/open source if its existence relies on Microsoft not suing. I doubt that Microsoft has avoided litigation thus far just because they are being nice. They know they've got nothing (or less than nothing depending on what IP they are infringing on). At least this way they give the appearance that there might be a problem. |
| dinotrac Mar 22, 2007 7:16 AM EDT |
>I doubt that Microsoft has avoided litigation thus far just because they are being nice. Absolutely not. OTOH, you have to understand that defending its patents can be both expensive and risky for Microsoft, because: 1. IBM is out there, the company with the largest patent portfolio in the business. IBM has the smarts, the money, the motivation, and the crack legal team to withstand a legal attack whose i's aren't dotted and t's aren't crossed. Ultimately, an attack on Linux will go through IBM. After watching SCO fall apart, I would bet MS is far more wary of IBM's lawyers than they ever were of Bill Clinton's. 2. The best defense against patent infringement is to have a patent declared invalid. With it's deep patent portfolio, years of IT innovation (and the records to support it) and crack lawyers, IBM could reduce some number of Microsoft's patents to rubble. Even a bad patent has value -- you can hold it over people's heads and extract revenue from it. An invalidated patent is worthless. 3. Microsoft will wish to be sure that it's actions cannot be construed as bad-faith actions. That invokes a loser-pays provision that will make Microsoft liable for the other side's legal fees, and some other nastiness that I don't recall. |
| Abe Mar 22, 2007 7:46 AM EDT |
Quoting:Even a bad patent has value -- you can hold it over people's heads and extract revenue from it. An invalidated patent is worthless. MS, for the last few years, has been ripping Linux distros apart looking for something. If they have found any sliver of IP/patent infringement, we would have heard about it already. If they found any of the slightest importance, they would have sued already. Whatever they found, they know it will not make a dent. Why? because time is not on their side. I believe, when IBM is all done with SCO, and if Novell doesn't take MS side, IBM will call MS bluff and shut them up for good. The only reason IBM wouldn't do that is if they forgive MS for killing OS2. You know, sometimes money could do miracles in the corporate world. |
| jimf Mar 22, 2007 8:36 AM EDT |
> taunting a dangerous animal Yeah, sure. The real question is 'if a bear farts in the forest, do all the other bears stand up and clap?'. Nothing new at all. Go on collecting pickanick baskets. This whole thing is only a bunch of threats and FUD from all sides... |
| dinotrac Mar 22, 2007 9:24 AM EDT |
>If they have found any sliver of IP/patent infringement, we would have heard about it already. Why? if they have anything at all, we will hear about it when they think it makes the most sense. That's the way big-time lawsuits are done. |
| swbrown Mar 22, 2007 9:29 AM EDT |
In a nuclear war, it doesn't matter who was right or wrong, as you're going to be irradiated regardless. Patent wars are nuclear. They're preparing to start one. |
| dinotrac Mar 22, 2007 9:38 AM EDT |
swbrown - I think you hit the nail on the head. Right or wrong does matter to the extent that you can justify the action -- ie demonstrate enough good faith to avoid an award of attorney's fees, etc., but the real issue is goal attainment, and that may or may not include winning the lawsuits. The stakes are very high all around. It is not something to be rushed into. |
| SFN Mar 22, 2007 10:29 AM EDT |
Quoting:if a bear farts in the forest, do all the other bears stand up and clap?I'm having that done up in needlepoint and framed to be hung up over my desk. |
| tuxchick Mar 22, 2007 10:54 AM EDT |
A company that is secure in its business model and product line doesn't waste energy on threats and trash-talking. Microsoft's top suits have been spewing propaganda and lies for so long I don't think they even know what the truth is. For sure they have no idea how to build good software that people actually want, and don't have to be bullied into buying. They're not going to initiate any patent lawsuits. They're not going to build any products that are worth buying either, not until the current leadership retires. Who knows what direction the company will take then, but at least there is the hope of change. If a company can be mentally ill, Microsoft is definitely one. |
| dinotrac Mar 22, 2007 11:31 AM EDT |
>They're not going to initiate any patent lawsuits. That may prove to be true, but I would remind you, that this is the company that refused to settle its antitrust suit with Justice. They are supremely rich, and even more arrogant than they are rich. |
| jimf Mar 22, 2007 11:44 AM EDT |
> They are supremely rich, and even more arrogant than they are rich. True, but also cheapskates and cowards. If they can get (or think they can get) something by bluff and bluster, they'll do that rather than get involved with the courts. The courts are a two edged sword. Why take the risk. |
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