[vox] More Ballmer FUD

Jan W jcwynholds at yahoo.com
Thu Nov 18 15:41:19 PST 2004


--- "Robert G. Scofield" <rscofield at afes.com> wrote:

> Bill Kendrick wrote:
> 
> >
> >*feh!*
> >
> >  
> >
> Yeah, but I'd like to go back to Rod's post.  Does anybody here think
> 
> that Linux is in any real danger?  Rod says it will be an interesting
> 
> year.  So supppose 228 patent infringement suits are filed.  Is there
> 
> any real threat?
> 
> Bob
> 
> _______________________________________________
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> vox at lists.lugod.org
> http://lists.lugod.org/mailman/listinfo/vox
> 

A *real* threat.  Even experts don't really know.  Depends on which of
the 228 patents that are 'infringing.'  Sounds like FUD to me.  If they
were serious about patent infringement, and they thought they could
win, they would be filing the suits already.  

I have been hearing about the mystery patents ever since that guy in
Munich identified a bunch of possible infringements.  But just because
it 'might' infringe doesn't really mean that it actually does.  Excerpt
from a good article:

In Ravicher's opinion, 283 patents could be a basis for Linux
infringement lawsuits, but that leaves open the question of whether a
court would find actual infringement or whether the patent would ruled
invalid. Of patents challenged in court, about half are found to be
invalid, Ravicher said. 

http://news.zdnet.com/2100-3513_22-5291403.html?tag=zdfd.newsfeed

I think this FUD is to discourage large corporate buyers from thinking
about linux.  If they can hype up the amount of 'risk' from buying into
linux, they (M$) can create value for their products by doing nothing
else but talking to the press.

They really push this to promote the ideas: 'M$ products are safe from
patent suits', 'Linux products are dangerously at risk from patent
suits', 'with risk as a factor, M$ products are always cheaper.'

With the types of industry support that linux has bolstered, I wouldn't
worry much.  Remember when SCO v IBM started and the whole linux world
quivered in fear?  After recovering from that, the penguins have
lawyers (and more knowledge of the law), and have been given ample time
to cross t's and dot i's.  I would wait for actual filings to worry or
not.

I am not worried, because they can rip my linux cd's from my cold dead
hands.  Or maybe I'll move to somewhere where US patents have the same
legal value as toilet paper.

my $0.02 w/ standard IANAL disclaimer,

jan

=====
<><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><
Of course the people don't want war. But after all, it's the leaders 
of the country who determine the policy, and it's always a simple 
matter to drag the people along whether it's a democracy, a fascist 
dictatorship, or a parliament, or a communist dictatorship. 
Voice or no voice, the people can always be brought to the bidding 
of the leaders. That is easy. All you have to do is tell them they 
are being attacked, and denounce the pacifists for lack of patriotism, 
and exposing the country to greater danger.
     --Hermann Goering
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