Report: Microsoft says open source violates 235 patents

By Ina Fried, CNET News.com
Monday, May 14, 2007 11:13 AM

Microsoft claims that free and open-source software violates more than 230 of its patents, according to a magazine report published Sunday.

In an interview with Fortune, Microsoft top lawyer Brad Smith alleges that the Linux kernel violates 42 Microsoft patents, while its user interface and other design elements infringe on a further 65. OpenOffice.org is accused of infringing 45, along with 83 more in other free and open-source programs, according to Fortune.

It is not entirely clear how Microsoft might proceed in enforcing these patents, but the company has been encouraging large tech companies that depend on Linux to ink patent deals, starting with its controversial pact with Novell last November. Microsoft has also cited Linux protection playing a role in recent patent swap deals with Samsung and Fuji Xerox. Microsoft has also had discussions, but not reached a deal with, Red Hat, as noted in the Fortune piece.

Microsoft CEO Steve Ballmer is also quoted in the article as saying Microsoft's open-source competitors need to "play by the same rules as the rest of the business".

"What's fair is fair," Ballmer told Fortune. "We live in a world where we honor, and support the honoring of, intellectual property."

The story notes that some big tech proponents of open source have been stockpiling intellectual property as part of the Open Invention Network, set up in 2005 by folks like Sony, Red Hat, IBM, NEC and Philips. The article surmises that if Microsoft were to go after open source, these companies' combined know-how might give it some patent weapons to go after Windows.

A Microsoft representative was did not immediately respond to an e-mail seeking comment.


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Microsoft is anti-capitalist. Microsoft is violating the liberty of the developers to create software and share it free of charge. This is also another MS FUD (Fear, Uncertainty and Doubt attack) to keep their customers kidnapped and avoid them to migrate to Linux or any other open source software. This is anti-capitalist, Microsoft is trying to stop the free competition.
Posted by anonymous on Monday, May 14 2007 11:46 AM


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