Posted on 11/17/2006 8:06:18 AM PST by Señor Zorro
In a question-and-answer session after his keynote speech at the Professional Association for SQL Server (PASS) conference in Seattle, Ballmer said Microsoft was motivated to sign a deal with SUSE Linux distributor Novell Inc. earlier this month because Linux "uses our intellectual property" and Microsoft wanted to "get the appropriate economic return for our shareholders from our innovation."
The Nov. 2 deal involves an agreement by Novell and Microsoft to boost the interoperability of their competing software products. It also calls for Microsoft to pay Novell $440 million for coupons entitling users to a year's worth of maintenance and support on SUSE Linux to its customers. In addition, Microsoft agreed to recommend SUSE software for Windows users looking to use Linux as well.
A key element of the agreement now appears to be Novell's $40 million payment to Microsoft in exchange for the latter company's pledge not to sue SUSE Linux users over possible patent violations. Also protected are individuals and noncommercial open-source developers who create code and contribute to the SUSE Linux distribution, as well as developers who are paid to create code that goes into the distribution.
Many open-source advocates criticized the deal, nevertheless. They argued that it was tantamount to an admission of patent violations by a key Linux supporter that bolstered Microsoft's case if it decided press its patent claims.
At the time, Microsoft officials, including Ballmer, were mum on whether the Linux kernel, which is governed by the General Public License and takes contributions from programmers all around the world, violated Microsoft's patents.
Ballmer was more open today.
"Novell pays us some money for the right to tell customers that anybody who uses SUSE Linux is appropriately covered," Ballmer said. This "is important to us, because [otherwise] we believe every Linux customer basically has an undisclosed balance-sheet liability."
"My reaction is that so far, what he [Ballmer] said is just more FUD [fear, uncertainty and doubt]," said Pamela Jones, editor of the Groklaw.net blog, which tracks legal issues in the open-source community. "Let him sue if he thinks he has a valid claim, and we'll see how well his customers like it."
Officials at Red Hat Inc., the leading Linux distributor, also dismissed Ballmer's comments. "We do not believe there is a need for or basis for the type of relationship defined in the Microsoft/Novell announcement," said Mark Webbink, deputy general counsel.
Red Hat has called Microsoft's legal threat a looming "innovation tax." It also said that it can protect its customers against patent claims.
Jones noted that after the Nov. 2 deal was announced, Novell said on its Web site that "the agreement had nothing to do with any known infringement. So which is true?"
Jones also challenged Ballmer to "put his money where his mouth is" and detail exactly what part of the Linux kernel source code allegedly infringes upon Microsoft patents, so that "folks will strip out the code and work around it or prove his patent invalid."
Ballmer did not provide details during his comments today. But he was adamant that Linux users, apart from those using SUSE, are taking advantage of Microsoft innovation, and that someone -- either Linux vendors or users -- would eventually have to pay up.
"Only customers that use SUSE have paid properly for intellectual property from Microsoft," he said. "We are willing to do a deal with Red Hat and other Linux distributors." The deal with SUSE Linux "is not exclusive," Ballmer added.
Robert McMillan, of the IDG News Service, contributed to this report.
Wrong again. What he was actually trying to do was show how stupid your own arguments are for equating political parties with operating systems. In doing so, he brought up a well-known liberal organization, PP, and showed what they're running.
I don't really see the relevance
Now, that's funny, since you are the one who started equating political viewpoints with use of operating systems.
Netcraft is usually right, but even they admit they can be fooled by firewalls, proxies, etc. In this case, I claimed PP was running Windows, you called me a liar, I proved they were running Windows.
Time to retract your accusation, unless of course you'd like to go into libel again.
LOL another lie. The only thing we know for sure, is the RNC runs Windows, and the DNC runs Linux. There are several articles out there to prove it too, since it actually matters, unlike your endless BS.
I'm only stating facts, you guys are the ones tripping all over yourselves trying to deny them.
http://www.eweek.com/article2/0,1759,1617712,00.asp?kc=EWNKT0209KTX1K0100440
http://www.informationweek.com/software/opensource/42700029
http://slashdot.org/article.pl?sid=03/09/30/170259&mode=thread&tid=103&tid=117&tid=185&tid=99
http://www.linuxjournal.com/article/7239
http://www.newsforge.com/newsvac/03/09/18/1236258.shtml
http://www.greaterdemocracy.org/archives/000333.html
http://www.nytimes.com/2004/07/05/technology/05systems.html?ex=1246766400&en=269f1a83d00e9e51&ei=5090&partner=rssuserland
http://www.offthekuff.com/mt/archives/001921.html
http://www.wired.com/news/politics/0,1283,61723,00.html
http://ianmurdock.com/?p=54
http://www.greaterdemocracy.org/mt/archives/000016.html
Let's see, a direct query returns a Windows http header. Looking through the pages shows they use ASP pages. They also use the Red Dot content management system, which runs on -- you guessed it -- Windows.
Time for you to retract and apologize.
There are several articles out there to prove it too, since it actually matters
No, it doesn't. That's the whole point, just like Planned Parenthood running Windows doesn't matter.
They must have just switched then, unlike Howard Dean and the DNC who have been building their platform called "Open Source Politics" for a good while now. Ever heard of Joe Trippi? Former Linux exec that works for Dean and helped Dean coin the slogan. Check some of those links, open source is thriving in the DNC, and within Democratic/Socialist/Communist parties all over the world, they're even working to pass laws to require it. Leftist laws requiring open source, you probably even want them too.
Most likely Netcraft is hitting the Linux machines on the border. If you'll notice Netcraft had them running Windows earlier too.
Again, I was apparently not lying, contrary to your libelous assertion.
Leftist laws requiring open source, you probably even want them too.
I prefer any laws that will save my tax dollars. I know, you prefer to eliminate open source so we can subsidize the software industry with our tax dollars.
It's not a "subsidy" when the government buys something from industry. Yes we know like all liberals you'd prefer to fatten the government instead, and let them provide everything instead of industry, but at least get the terms right.
It is when the government had a cheaper -- or free -- alternative.
I see you still don't address the issue of your libel in calling me a liar.
"But I'd say Minix is the original x86 UNIX since it was actually written for the x86, not ported to it."
Good point--but then again I thought Minix didn't contain any original UNIX code despite being based on SysV.
AAAAAAHHHHHH!!!
The government subsidizes farmers by buying their products unnecessarily. Likewise, buying software from a vendor when a capable free alternative is available is also a subsidy. Like you said before, you would have preferred that NASA make a big contract with Cray to build a supercomputer rather than save our tax dollars by tying together computers they already had sitting around.
Planned Parenthood is shown as a Linux site, or one that is switching between
Get off it. I proved PP is a Windows site, and even Netcraft shows them running Windows earlier (likely before the hosting service changed their Linux proxies, which fool Netcraft). You falsely accused me of a lie, and you are incapable of being honest and apologizing.
LOL - Dilbert creator wants Bill Gates for President (11/20/06)
http://www.theinquirer.net/default.aspx?article=35850
Iggle, just stop already...
That means absolutely nothing--it's like me saying I want a dead fish for President...
He'd be better than you, I know that...
Good point--though just about anything would be better (even the dead fish)...8^)
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