Torvalds: Microsoft is bluffing on patents

February 4, 2008, 12:00 PM —  IDG News Service — 

Microsoft's aggressive defense of its intellectual property, which includes
claims that
Linux violates a number of its patents
, is nothing more than "a marketing
thing," according to Linus Torvalds, creator of the Linux kernel.

"They have been sued for patents by other people, but I don't think they've
-- not that I've gone through any huge amount of law cases -- but I don't think
they've generally used patents as a weapon," Torvalds said. "But they're
perfectly happy to use anything at all as fear, uncertainty and doubt in the
marketplace, and patents is just one thing where they say, 'Hey, isn't this
convenient? We can use this as a PR force.'"

Torvalds made the comments during the second half of an interview conducted
by the Linux
Foundation
Executive Director Jim Zemlin on Oct. 16. The foundation is expected
to make the rest of the interview publicly available on its Web site Monday.
The foundation released the initial portion of the interview in January.

"Another reason why I don't think Microsoft really seriously would go
after patents is when you're a convicted monopolist in the marketplace you really
should not be suing your competitors over patents," Torvalds continued.
"I think that most Microsoft lawyers would say, 'You know, let's not do
that; that sounds insane'."

Microsoft's recent work around improving its platform's interoperability with
Linux left Torvalds largely unmoved.

"I think there are people inside Microsoft who really want to improve
interoperability and I also think there are people inside Microsoft who would
much rather just try to stab their competition in the back," he said. "I
think the latter class of people have usually been the one[s] who won out in
the end, but -- so I wouldn't exactly trust them."

Microsoft spokespeople on Friday declined to comment on Torvalds' remarks.
The company has said it believes that Linux infringes on its intellectual property,
although it has been criticized for not being more precise with its allegations.

Torvalds is instead focused on improving Linux, he said. "I work weekdays,
I work weekends, I work 52 weeks a year. I don't want there to be any question
of who's the best maintainer," he said. "And at the same time, I actually
also do want to encourage competition. ... So, I actually enjoy seeing all these
other kernel trees happening. All the vendors have their own."

However, the Linux kernel community overall could be more welcoming to new
ideas, he suggested. "One of the problems is we have people who have such
high criteria for what is acceptable or not that it scares away people who want
to do new code and do

I like it!
Post a comment
The content of this field is kept private and will not be shown publicly.
  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd>
  • Lines and paragraphs break automatically.
Resources
White Paper

Symantec Backup Exec 12 and Backup Exec System Recovery 8 deliver industry leading Windows data protection and system recovery. Download this whitepaper to find out the top reasons to upgrade and how to get continuous data protection and complete system recovery.

Webcast

Data and system loss — from a hard drive failure, malicious attack, natural disaster, or simple human error — can happen anytime. Don’t leave your business vulnerable. Make sure you have a secure recovery strategy in place. Symantec's latest backup and system recovery technology can efficiently restore critical applications, individual emails and documents and even restore your entire system in minutes in the event of a loss.

White Paper

Businesses face a growing challenge to ensure that the IT environment is properly protected. Backup Exec 12 integrates with other applications in the Symantec family of products, to complement your current data protection strategy, keep your data securely backed up and make it recoverable when you need it most.

Free stuff

VMware ESX Server in the Enterprise
By Edward L. Haletky
Published Dec 29, 2007 by Prentice Hall.
Enter now! | Official rules | Sample chapter

Green IT
By Toby Velte, Anthony Velte, Robert C. Elsenpeter
To be published Oct. 10, 2008 by McGraw Hill Professional
Enter now! | Official rules | About the book

Featured Sponsor

AISO founders envisioned a Web hosting company that was environmentally friendly. While the company employed energy-efficient innovations like solar panels, its infrastructure produced unacceptable power and cooling requirements. Find out how AISO leveraged AMD technology to overcome their challenge in this case study white paper.

In this whitepaper, Scalar explores the opportunity to change the landscape with respect to mission critical databases built around Oracle. Leveraging technologies such as Linux, high-end commodity processing power and Oracle RAC technology to architect, design, build and maintain database infrastructure that delivers maximum availability, reliability and performance at a fraction of traditional cost.

On a typical day, weather.com, the Web site for The Weather Channel in Atlanta, serves up between 15 million and 20 million page views. But in September 2004, when back-to-back hurricanes ransacked Florida, the peak traffic on one day more than tripled: over 70 million page views by more than 7 million unique visitors. Read the full success story now.

More Resources