Torvalds: Microsoft is bluffing on patents
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
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