Microsoft 'What is the conspiracy of' open source 'lawsuit?

After shaking hands with controversy with Novell last year, Microsoft has just launched a new offensive campaign aimed at the open source community. The problem is why does the company choose this time to strike?

In an interview with Fortune magazine last week, Microsoft 's top lawyer, Brad Smith, claimed free and open source software violated a total of . 235 patents that Microsoft holds.

Specifically, Linux's kernel core violates 42 by, 65 user interface and design violations, OpenOffice.org "stepped on" 45 patents .

An arrow hit multiple targets

Microsoft has a lot of motives to promote a new copyright lawsuit: Resisting the steps of open source competitors, raising fears and apprehension about the risk of litigation in customers' hearts. or use open source, and especially earn a decent amount of compensation.

However, according to Horacio Gutierrez, vice president for intellectual property and licensing issues at Microsoft, the company's move is to "bring the parties back to the negotiating table."

Microsoft lawyers were too adept at copyright disputes in court.Source: BBC

" There is no reason that the open source community is outside the scope of the application of intellectual property law ," Gutierrez said, not forgetting to call the copyright infringement of free software "unintentionally." "

Microsoft is a name that has been flat in court with copyright lawsuits. At that time, the company sued, when the company was sued, only for reasons, from the brand, from copyright to patent. But also, Microsoft 's lawyers are extremely knowledgeable about these types of disputes.

Strong guy as king

" Microsoft is strong, has abundant resources, lawyers are professional. This is a game where anyone stronger, that person will prevail, " said lawyer Tom Carey of Bromberg & Sunstein law firm.

For example, in November last year, Microsoft signed a strategic agreement with Novell, whereby it committed customers using Novell's Suse Linux Enterprise Server will not be brought to court by Microsoft for a patent infringement.

The deal immediately caused a backlash from other Linux distributors. They accuse it of being like forcing users to leave other Linux versions to turn to Novell if they don't want to be sued. (While Linux is a free operating system, distributors make money by providing maintenance and technical support to users.)

Maybe Red Hat, the current number one Linux software distributor, is not at risk of copyright disputes, but has to deal with Microsoft. But Microsoft's threat still has an indirect pressure on firms like Red Hat, because big IBM customers don't like buying more trouble. But this is exactly where Microsoft hopes.

" I do not think customers want to continue sticking if they have not seen any feasible solution ," Mr. Gutierrez said, especially when giants such as AIG, Credit Suisse, HSBC, Nationwide and Wal-mart were all buy Novell's Linux Suse software.

But does open source software violate the truth?

Microsoft's plan has only one weakness: until now, the company has only made the open source crazy. No distributor who intends to down the ladder, compromise with Microsoft, and not every user believes that the open source community has violated Microsoft's technology patent.

" I don't think open source defies current intellectual property regulations. Members of the open source community register copyright for all their achievements. Many open source firms also have their own patents. " lawyer Mark radcliffe commented.

Source: CNET " I am willing to bet that based on the number of copyright disputes that Microsoft has lost in court, Microsoft is the only one who deliberately violated the intellectual property of others ."

Despite this, the fact that patents and open source software contradict each other in essence. Patents offer exclusive rights to technology owners, while open source software is built on the philosophy of "free sharing".

Microsoft did not disclose what the next step is, but Guttierez said it "does not like litigation very much". " If we wanted to get involved in court, we would have done that long ago. The Court is not an effective place to find a solution ."

Some experts say: If Microsoft believes that the open source community has violated their technology, give evidence and under daylight, everyone will be the referee. " If not, stop the bullying of those low-throat customers ."

But under the eyes of analyst Jonathan Eunice, even if Microsoft did not force any open source competitor to sign a deal with him, braking their advance was a victory. Especially when Linux distributors are trying to ally with each other to establish a "heavier" position (Sony, Red Hat, IBM, Novell and Philips founded the Open Network in 2005).

Trong Cam