451 CAOS Theory 
A blog for the enterprise open source community
Do not confuse Microsoft IP with Linux
Jay Lyman, July 16, 2009 @ 2:32 pm ETMicrosoft’s latest intellectual property (IP) licensing agreement is once again raising eyebrows among Linux and open source software fans, prompting some to wonder what Microsoft may be doing with regard to Linux and open source software. However, let us consider how possible, or perhaps even whether possible, it would be for Microsoft to bring licensing or litigation to or against another company, whether a vendor or user of enterprise IT, that did not in some way involve Linux and open source software. The latest Microsoft IP deal, while indeed cause for some concern, is also further evidence of how pervasive and entrenched Linux and open source software is in all of IT, from smartphones and consumer electronics to enterprise servers, HPC and virtualization, to key verticals and cloud computing.
Linux and open source played a small, if not insignificant role, in the recent TomTom case, which was settled, but continued to concern open source supporters. Still, that issue may become irrelevant since the advent of a workaround to Microsoft’s patented and dated File Allocation Table (FAT) technology. Furthermore, as we saw following the TomTom lawsuit and subsequent settlement with Microsoft, there has been no impact on Linux in the embedded devices space. If anything, momentum for Linux and open source continues to accelerate here considering devices such as Google Android and Palm Pre smartphones, Intel’s $884m bet with acquisition of Wind River and continued strength for embedded Linux players.
I must admit, I was not familiar with Melco Group or Buffalo NAS technology, the vendor and product involved in the latest Microsoft IP announcement, which admittedly does make several mentions of Linux. Still, I cover Linux and open source software pretty closely, and neither were on the radar. Is it truly accurate to consider Melco Group a ‘Linux vendor?’ To me the term connotes a vendor of the Linux OS, or perhaps even stretching to a specialty provider that relies or focuses heavily on Linux. Melco Group seems no more a Linux company than any hosting company, telecommunications company, set-top box manufacturer, satellite TV service operator, printer maker, navigational device manufacturer, server performance vendor, HPC clustering specialist or cloud computing player.
This indicates it would be folly for Microsoft to attack Linux or open source software. In doing so, it would shut itself out of virtually all of the key IT markets — smartphones, navigational devices, automotive industry application, healthcare, telecom and other verticals, servers, HPC, virtualization, cloud computing, etc.
I would never say that Linux and open source software vendors, or anyone else, should not be cautious, judicious and pragmatic when dealing with Microsoft. I continue to have my own skepticisms and concerns about the company. However, I think we need to consider the idea that Microsoft is more interested in monetizing its intellectual property by licensing than it is in harming or fighting open source. There will be times that its intellectual property crosses over with open source software projects and vendors, which have evolved and matured to the point they are present in all layers, sectors and corners of our industry. There will also be times when there are no connections to any Linux or open source software.
Microsoft’s legitimate support of Linux and other open source software continues to grow, and there are certainly rewards to running on Windows. Supporters of Linux and open source should be able to take the compliment, the validation and the opportunity without alarms going off every time an organization that touches Linux or open source is involved in IP licensing or litigation. After all, tell me, what enterprise organization doesn’t touch open source software in some way today? This is further validation that Linux and open source have arrived and are here to stay.
Comments (22) Categories: Software
Notice the quote: “While we plan to increasingly adopt Windows Storage Server for our NAS business, we also wanted to ensure that our open source and Linux-embedded devices had the appropriate IP protections,” said Hajim Nakai, a board member at Melco’s Buffalo line.
Just like the Novell deal, the patent protection racket here is part of a larger deal. If you’re closing your restaurant in Linuxtown and moving up the road, why not get in a chance to say that it’s because the Linuxtown water is tainted, in the hope that customers will follow you?
Thanks for the comment, Don. While I do believe there are valid concerns and valid reasons for concerns, the fact of the matter is that everything is telling me that no one is leaving Linuxtown. There’s a wealthy new resident named Microsoft and we may all be a bit apprehensive, appropriately so given past actions and reputation of our new resident. However, in the spirit of open source, I would hope that we don’t close or confine our thinking to only suspicion and doubt.
JL
“I would hope that we don’t close or confine our thinking to only suspicion and doubt”
Surely in the 30 years of Microsofts’ existence there is nothing that could engender any such reason to trust or allow them 1 inch of room in the open source world. They are the opposite of it and without doubt it’s sworn enemy. They have no place in the open source world. I for one wouldn’t trust them a far as I could throw them.
They are a cancer to modern computing and should be excised like a malignant melanoma.
To quote you, Homer: ‘They are a cancer to modern computing …’ Sounds like Steve Ballmer regarding Linux, open source and the GPL circa 2001. We can do better than that now people.
JL
I agree entirely with JL’s comment
I don’t think people should really be worried about this. To me this really looks like a company that needed to license some MS IP and MS gave them a bit better deal to include this for a press release. Remember this is a hardware company that happens to use Linux in some products. It’s not an open source or linux vendor. They’re loyalty to open source is only as much as it will increase their profits. If MS gave them a better deal on their licensing so they could do this nice little press release why wouldn’t they take it? Just my opinion though as we’ll never know since these are always confidential.
woops, their not they’re.
That’s the bottom line of my post, Marx, that calling Melco Group ‘a Linux vendor’ seems like hyping things up. Caution, yes. Hyping, no thank you.
JL
Ive had a chance to read through the Comes vs Microsoft trial and all the internal memos detailling how the company dealt with Linux and all those things we thought MS did….they did and then much more.
Nothing they have done in the past few years shows that they have changed their ways. I think the OOXML fiasco has shown its business as usual.
Also as a Red Hat user, I am still waiting to get my bill from Microsoft.
Ballmer claimed that Red Hat USERS owe them money because Linux has stolen their IP (he also mention that Novell paid the extortion and are now the legal Linux)
http://www.youtube.com/watch?v=5B0GTYfPoMo
Nothing has changed.
Threats, extortion, FUD.
And while some people dont care being threathened, some others do.
I am a criminal according to MS but Im supposed to believe that they really, really dont mind Linux even though NOTHING has proved contrary (Im not talking some low level stooge, Im talking directly from Ballmer, Gutierrez,etc)
On the other hand, I think they are more than willing to try the old Embrace, extend and extinguish than they are full on attack. You can get a lot of people riled up with the later, while with the first you can get a lot of people to help along until its too late and its a lot easier to discredit people who stand in the way.
Seriously, you might know the history of MS but once you read the emails (wanna bet they shred much more effictively now?) and docs from the Comes case, you realize that its not coincidence and accidents, its a corporate mentality.
[...] here to see the original: 451 CAOS Theory » Do not confuse Microsoft IP with Linux July 16th, 2009 | Tags: jay-lyman, july-16, linux, microsoft, mobile, networks, open-source, [...]
[...] View original here: 451 CAOS Theory » Do not confuse Microsoft IP with Linux [...]
Ultimately, the IT business is a recruiting contest, and the more of its revenue MSFT brings in with this kind of dubious patent stunt, the less ability they’ll have to recruit the kind of valuable developers who could work anywhere.
I agree entirely with this comment
I menat to say that I agree with JL’s first comment
MEANT (sorry)
Microsoft is evil, I consider that they are equal to the PP facist political party of Spain!
[...] Lyman, mostly an advocate of GNU/Linux, spins the whole thing as a partly positive development, but it is wishful thinking. Supporters of Linux and open source should be able to take the compliment, the validation and the [...]
We don’t need to merely consider it, we need to ditch entirely the crude and naïve talk of attacks and lawsuits and acquaint ourselves with how patent portfolio based business strategies really work and what the real dangers are. Patent disputes rarely end up in court (even the NPEs or “patent trolls” try to avoid that) and the details and even the fact of patent licensing agreements are rarely disclosed. As Marshall “Father of the IBM Tax” Phelps said: “I’m running a licensing shop, not a litigation shop”. Patents at this level are used for revenue generation, gaining access to competitors’ IP and, as Nokia’s Illka Rahnasto pointed out in his book on the subject, “to control the activities of other companies”. Microsoft only wants to kill or seriously injure the “F” in FOSS, not FOSS itself. Is that harmful to FOSS? I suspect most FOSS supporters would think so. I certainly do.
[...] IP defense of Linux, had bought some software patents that related to Linux, which admittedly is not hard to do these days. It turned out the 22 Linux-focused patents were purchased from Allied Security Trust, [...]
[...] IP defense of Linux, had bought some software patents that related to Linux, which admittedly is not hard to do these days. It turned out the 22 Linux-focused patents were purchased from Allied Security Trust, [...]
[...] company? Neither did I, and I get paid to cover Linux and open source software in the industry. The point is that if we consider Melco Group a Linux company, then we can also assume the same for nearly [...]
[...] different than previous false starts in the market. While it has drawn some controversy for its IP deal with Microsoft, Tuxera says this allows it to benefit from the ability to offer support, integration and licensing [...]