FOR IMMEDIATE RELEASE
If Linux Infringes 200 Software Patents, Then Windows Infringes 2,000.
Australia -- 22nd November, 2004
A few days ago in Singapore, Microsoft CEO Steve Ballmer tried to
scare off Asian governments from adopting Linux in ever-greater
numbers, with veiled threats that Linux was potentially in
violation of various software idea patents [1]. In reality however,
the platform which is most at risk from drowning in patent
litigation is Microsoft's own, and even Microsoft's US$50 billion
cash hoard may not be enough to save it.
"At present, Linux is not the target of any software idea patent
attacks," stated Con Zymaris, CEO of open source solutions company
Cybersource. "Microsoft however, is facing between 30 and 35 such
court actions [2]. To name but a few, Microsoft has been ordered to
pay US$521 million to Eolas for an infringement in Internet
Explorer and another US$440 million settlement to InterTrust
Technologies Corp. for infringement of digital restrictions
management patents and US$1.6 billion to settle a patent and
anti-trust suit bought against it by Sun Microsystems. That's over
US$2 billion for just three suits, well over US$500 million per
patent case. Furthermore, the number of court cases against
Microsoft is increasing."
Obviously responding to the Singaporean government's recent
decision to migrate 20,000 PCs to open source desktop productivity
applications [4], Ballmer is trying to use FUD about software idea
patents as a weapon to stem more government and corporate defections
to Linux. In his haste however, he forgets to mention that if
software idea patents are a threat to Linux and open source, they
are far more of a threat to Microsoft itself.
"If we believe Ballmer, the Linux kernel may possibly infringe on
228 software idea patents," continued Zymaris. "If that's the case,
then it seems reasonable to expect Microsoft's Windows, which has a
code-base ten times larger, infringes on over 2000. And that's just
the operating system. Once we include Microsoft Exchange, Visual
Studio, SQL Server and dozens of other products, Microsoft could be
infringing on thousands more. On current track record, losing even
100 patent cases might be enough to deplete Microsoft current cash
reserves. Suddenly that gargantuan mountain of money that Microsoft
sucked dry from its customers doesn't quite seem large enough."
As an open source solutions company, Cybersource is strongly
against software idea patents. Both open source and proprietary
software are already well protected by copyrights. Further, a
recent report by Price Waterhouse Coopers formally identified
software idea patents as a threat to the software industry [5].
"Thankfully most countries do not allow the patenting of software
ideas. Just as importantly, none of the US-sourced software idea
patents (which might potentially be used against Linux) apply
throughout Asia. Therefore Ballmer's scaremongering threats were
totally disingenuous and certainly inaccurate," continued Zymaris.
"In watching Microsoft's recent movements in this space, we come to
the conclusion that Microsoft have given up trying to compete with
Linux and open source on value, quality and security. We had hoped
that Microsoft would respond with better, more secure and much
cheaper software, rather than resort to shabby veiled legal FUD.
But if that's the message it wants to send the world, then so be
it," concluded Zymaris.
Further reading:
Ballmer and the revenge of the Jade penguin
http://comment.zdnet.co.uk/other/0,39020682,39174385,00.htm
- - - - -
References:
[1] Author of Linux Patent Study Says Ballmer Got It Wrong
http://www.eweek.com/article2/0,1759,1729908,00.asp
[2] Microsoft hit by dozens of patent suits
http://www.eweek.com/article2/0,1759,1661094,00.asp
[3] Microsoft ordered to pay $521 million
http://news.com.com/2100-1012-5062409.html
[4] Singapore Dumps Microsoft, Goes Open Source
http://www.techweb.com/wire/ebiz/50900190
[5] PwC: software patents threat to Europe
http://www.theregister.co.uk/2004/09/15/pwc_swpat_are_a_threat/
- - - - -
About Cybersource Pty. Ltd.
Cybersource, founded in early 1991, is the second longest running open
source solutions company in the world. We have been demonstrating the
better value, security and robustness of open source technologies to
our clients since then. We also produce products like:
* The Safe Internet Computer: The Safest Way to Use the Internet.
* The Small Business Linux Server: the best value small business server
on the market and 75% less expensive than the Microsoft alternative.
* Datasafe: Stores copies of all your documents. Easy and direct access
to all past revisions.
* Cybersource Trim Client; All the advantages of a Thin Client with none
of the disadvantages.
http://www.cybersource.com.au/
Contact: Con Zymaris <conz@cyber.com.au>
Phone: +61 3 9621 2377
Email: info@cyber.com.au
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