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Microsoft and Linux: Don't Bet On The End of the World

Could Microsoft sue Linux companies, even Linux customers, for copyright infringement? They just might, according to senior Microsoft executives interviewed in Fortune last week:

"Microsoft General Counsel Brad Smith and licensing chief Horacio Gutierrez sat down with Fortune recently to map out their strategy for getting FOSS (Free and Open Source Software) users to pay royalties. Revealing the precise figure for the first time, they state that FOSS infringes on no fewer than 235 Microsoft patents."

Open Source companies are ready to fight back, if necessary, causing a software patent war that both Fortune and Information Week describe simply as 'Armageddon'.

But don't bet on Armageddon just yet. Ubuntu Linux founder Mark Shuttleworth blogs that Microsoft and the Open Source community should be on the same side regarding software patents:

"Microsoft will lose a patent trench war if they start one, and I’m sure that cooler heads in Redmond know that... The real threat to Linux is the same as the real threat to Microsoft, and that is a patent suit from a person or company that is NOT actually building software."

And Stacy Cowley sees no upside for Microsoft from a court fight:

"Microsoft... has limited options for what it can do next. It could sue Linux distributors like Red Hat, but the expensive, bloody fight between SCO and IBM illustrates what a long and painful path that is. It could sue Linux end-users, but there are few companies of size Microsoft could target that aren't also significant Microsoft customers. Suing your customers is a bit of a PR nightmare."

I tend to agree. When a Bill Gates character appeared in the Simpsons, he assured Homer, "I didn't get rich by writing a lot of checks." He didn't get rich by suing a lot of customers, either. Look for this to be more smoke than fire for now.

Posted by Joe Caponi at 10:58 AM, May 24, 2007

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