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Re: Patent issues highlighted by Linux kernel audit
From: |
Barry Margolin |
Subject: |
Re: Patent issues highlighted by Linux kernel audit |
Date: |
Mon, 18 Oct 2004 20:56:56 -0400 |
User-agent: |
MT-NewsWatcher/3.4 (PPC Mac OS X) |
In article <pan.2004.10.18.17.12.40.811414@that.google.thingy>,
Craig Kelley <namonai@that.google.thingy> wrote:
> On Sun, 17 Oct 2004 22:37:34 +0300, Abdullah Ramazanoglu wrote:
>
> > begin Yazid dedi ki:
>
> [snip]
>
> >> hmm, when the barn is open and the sheeps eat freely on the grassfield, the
> >> wolf won't be far away. This is not good.
> >
> > Exactly. I think we have a serious leadership problem.
>
> I disagree. Both IBM and Novell have threatened to sue anyone who tries
> to use patents against "Linux" (as in the operating system). Both
> companies have just as an unhealthy supply of patents as any
> Linux-detractor owns. If Microsoft attempts to sue, say, Redhat because
> the kernel violates patent such-and-such -- it'll be an equal threat to
> all Linux companies. Any patents that Microsoft violates would then be
> subject to litigation.
>
> Imagine that it's a huge poker game. All these tech companies "own" so
> many patents, that nobody is willing to call; because once someone calls,
> then everyone will have to throw down.
What I think actually happens among the big companies is that they sign
omnibus cross-licensing agreements for their patent portfolios. IBM and
Microsoft presumably have an agreement that allows each to make use of
the other's patents freely.
But I wonder how Linux fits into this. IBM might be safe from an
infringement lawsuit, but that doesn't necessarily extend to the vendors
that they purchase Linux from. IBM might threaten to terminate the
cross-licensing agreement if Microsoft goes after the Linux vendors; but
if they did that, they would suddenly be infringing lots of Microsoft
patents. So this could be a dangerous step for them to take.
--
Barry Margolin, barmar@alum.mit.edu
Arlington, MA
*** PLEASE post questions in newsgroups, not directly to me ***