[GLLUG] Claim: Linux violates 235 MS patents

[Thomas Hruska]

Michael Rudas wrote:
> Ohhhh, boy.  Here's the other-shoe-drop in the MS/Novell deal... or is
> the loose shoe being used to slap us, collectively, on the side of the 
> head?
> 
> "Microsoft takes on the free world"
> 
> <http://money.cnn.com/magazines/fortune/fortune_archive/2007/05/28/100033867/index.htm> 
> 
> 
> I wonder how far they'll try to take this?  Or, perhaps, die trying?
> 
> -- Mikey

I've broken this reply into three parts.

----
As plenty of financial analysts have already pointed out, Microsoft 
would have to put forth _significant_ effort to make itself irrelevant. 
  Something to the tune of 6 Windows OS disasters beyond Vista (XP is 
pretty much considered "successful").  And as I've already pointed out, 
they could reinvent themselves multiple times and still turn a huge 
profit.  By the time this e-mail is finished, Microsoft will have made 
200 million dollars.

The above article documents the Microsoft Corporation primary business 
strategy for dealing with organizations they don't like.  Hint:  It has 
absolutely nothing to do with suing people/companies or even buying them 
up.  That's just the ploy to cover over the actual strategy.


----
When people say things like, "Moglen contends that software is a 
mathematical algorithm and, as such, not patentable."  I whole-heartedly 
disagree.  Software, like any physical medium, is still intellectual 
property.  I've been trying for years to get anyone important to notice 
that Patent Law, as it is, is sorely outdated.  The simplest solution: 
Since the software industry moves 10 times faster than any other 
industry, patents on software should expire 10 times sooner.  This stops 
abuses such as patent squatting.  Microsoft is clearly sitting on 
thousands of patents waiting for the right moment to unleash them.  IBM 
is doing the same thing.  If software patents expired sooner, both 
companies would have significantly smaller patent portfolios. 
RiM/Blackberry got sued from a patent squatter who would have been 
sitting on a dud had the patent expired in a reasonable timeframe 
(individuals seems to sue more often than big corporations).

Most technology is outdated 6-9 months after creating it.  Newer, 
better, shinier things come out.  Outdated software should equal an 
outdated patent.

This approach is fair and capitalist-oriented.  It grants time-limited 
protection of intellectual property with sufficient time to get all the 
profits out of that technology before the next technology comes along 
and doesn't hinder future technology development.  This approach also 
forces businesses to keep innovating or die off.

Patents, and protection of intellectual property in general, are a good 
thing as long as money is essential for living.  Lengthy protection in 
an industry that moves 10 times faster than any other industry is a bad 
thing.  If you agree with what I've said, then I'd appreciate it if you 
spread this idea when people say 'software patent'.  Hopefully someone 
who makes the laws will catch wind of it and things will change for the 
better.


----
Richard Stallman is an idiot of galactic proportions.  He passed up an 
_amazing_ PR opportunity to get on CNN Money/Fortune Magazine over a 
stupid quibble (requiring the senior editor to say "GNU/Linux" vs. 
"Linux").  As such, he handed the entire discussion over to Microsoft PR 
on a silver platter.  PR 101:  Don't give up huge PR opportunities over 
personal issues - especially if your primary competitor is participating 
and you have a chance at a piece of the pie.  If you were given a chance 
to get on CNN/Fortune Magazine, you would take it because it would get 
your name out there in front of people who make multi-billion dollar 
decisions.

Also, the picture of an unkempt, sloppy Stallman next to the neat, 
pristine Ballmer only makes Ballmer look better (and Ballmer is a 
codfish in his photo).  Stallman needs to shave, get a haircut, and 
replace his greasy wardrobe for at least one picture (so the media 
doesn't have to hunt for one - that picture is one of the better ones 
I've seen).  I've met him in person - his appearance is extremely 
sloppy.  Usually he appears in frayed khakis, a greasy t-shirt, sandals, 
and the hair on his head and face is significantly nastier.  And 
sometimes there is an unpleasant odor.  Not saying he has to wear a 
suit, he just needs to stop trying to look like a street-corner 
preacher/a prophet or Moses or something like that.  It is 2007, not 500 
B.C.

-- 
Thomas Hruska
CubicleSoft President
Ph: 517-803-4197

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