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Linux and Open Source

Steven J. Vaughan-Nichols & Paula Rooney

Expect Microsoft attack on open source citadel, says Allison

By | January 22, 2010, 6:04am PST

Summary: Open source evangelist Jeremy Allison was in New Zealand yesterday, where he issued dire warnings of Microsoft launching a patent attack against open source to win back mobile market share.

Open source evangelist Jeremy Allison was in New Zealand yesterday, where he issued dire warnings of Microsoft launching a patent attack against open source to win back mobile market share. (Picture from Wikipedia.)

Allison, who famously quit Novell after it announced its patent pact with Microsoft, told a Linux conference in Wellington that Microsoft has to go to court or Windows Mobile is dead. He called a patent fight its “nuclear option.”

Such threats made sense a few years ago, when Microsoft was Mordor and open source the Shire, but Microsoft now has a ton of open source development going on, its opponents are not small companies but Google, and recent patent decisions have shown the GPL to be just as enforceable as a Microsoft EULA.

If there is an open source Frodo out there he’s probably got his Windows PC in a Microsoft backpack.

While making these predictions Allison apparently wore a Samba t-shirt and agreed that Microsoft’s relations with the open source interoperability project have been good.

A second story in the same publication, APCMag (where Microsoft is a big advertiser) gave another reason why Allison’s crystal ball may be cloudy. An analysis of kernel contributions by LWN.net founder Jonathan Corbet showed 75% of the code contributions during 2009 were from corporations, not individuals.

A sizable number of companies helped build the kernel last year, he said, and reverse engineering is required for drivers a lot less often because their owners often share information on them, or there are alternatives available.

So if Linux is going corporate, and Microsoft is benefiting from open source, why would the company drop a legal nuke that could well turn out to be a dud in court?

We should ask Allison that when he gets back.

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Topics

Dana Blankenhorn has been a business journalist for 30 years, a tech freelancer since 1983.

Disclosure

Dana Blankenhorn

Dana Blankenhorn has been a journalist, writer and part-time futurist for over 30 years.

At the present moment I run only a personal blog in addition to my ZDNet open source blog.

DanaBlankenhorn.Com has the subtitle The War Against Oil. In the past I have used it to write about political history, e-commerce, personal matters, some ideas related to open source, and The World of Always On, which is the idea of using sensors, motes and RFID to turn WiFi links into platforms for applications which live in the air.

My IRA account at Schwab holds a few tech shares, most notably some Intel and Applied Materials, but there are no open source companies in it. I don’t even own any CBS stock.

Biography

Dana Blankenhorn

Dana Blankenhorn has been a business journalist for nearly 25 years and has covered the online world professionally since 1985. He founded the Interactive Age Daily for CMP Media, and has written for the Chicago Tribune, Advertising Age's "NetMarketing" supplement, and dozens of other publications over the years.

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RE: Expect Microsoft attack on open source citadel, says Allison
efsane Updated - 26th Apr 2011
Well done! Thank you very much for professional templates and community edition
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0 Votes
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FOSS should be vigilent
Linux Geek 22nd Jan 2010
and have the lawyers ready to strike back at M$ beast.
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considering...
SystemVoid 22nd Jan 2010
...there is no money in FOSS, that would prove to
be quite difficult.
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IBM may fit the bill
Quebec-french 22nd Jan 2010
They have too many link and ties with Redhat .....

After all Its not good for IBM if MS win so Like i
said we are going straight for a os war
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Hes dreaming about free lawyers..
tgreaves21227@... 22nd Jan 2010
And I wish him good luck with that one..
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Open Source Software
Snooki_smoosh_smoosh 22nd Jan 2010
does not mean that it is free, or not able to be profitable from. Open Source simply means that an individual or company can obtain the source code, build on it, use it in their product, and under the licensing terms release the code for others to do the same.

So in this case it would be in Google's interest with the mobile platform known as Andriod, to defend open source.

There is even a concept device that is going to be released in Asia by Lenovo, as another mobile platform, built on SnapDragon processors, and as I recall the OS will be built on OSS. And those are two very big heavy hitters for MSFT to face in court alone.
Funny that he would be more concerned with what might happen down the road and completely ignore the patent minefield that Apple has laid out in the mobile industry today. Let's ask Jeremy why the North American version of Android phones have had the multi-touch features disabled from their built in apps. Is that because MS might attack in the future or because Apple is attacking right now?

I know it is popular to hate MS but the biggest threat to Linux is Apple, not Microsoft. When people leave Microsoft, they aren't going to Linux, they are going to OS X. And Apple is the #1 patent attacker in the world right now.
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Wow great stuff except
Quebec-french 22nd Jan 2010
apple is going again patent they have ...
Iphone and android ... Its cell phone and
personally cell phone are a joke a trend
nothing more a damn gadget . You dont need
everything that iphone does you dont need touch screen.

If its for work and receiving email that all.

SO apple can go after Its stupid gadget.

Apple will no go after linux as a os .
0 Votes
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But you forget...
rapson 22nd Jan 2010
...patents are bad except in 2 cases: when they're held by Apple or any open-source organization, and when they're used against Microsoft. If either of those cases is true, then patents are good. An ideal situation, of course, is when both are true.

Carl Rapson
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Why are you still lying?

"And Apple is the #1 patent attacker in the world right now."

Funny how Ballmer started the saber rattling(200+ patent attacks), & a
few Linux companies went to bed with Microsoft. If anything, people
really hate Microsoft. Learn to acknowledge the truth.
0 Votes
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How many of these threats
herry.k 22nd Jan 2010
did Microsoft actually enforced and win an absurd amount of money?

I know Microsoft did lose half a billion dollars for some very silly patent.
0 Votes
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Ballmer called Linux a "cancer" (2001)
Wintel BSOD 22nd Jan 2010
http://www.linux.org/news/2001/06/01/0003.html

Q: Do you view Linux and the open-source movement as a threat to Microsoft?

A: Yeah. It's good competition. It will force us to be innovative. It will force us to justify the prices and value that we deliver. And that's only healthy. The only thing we have a problem with is when the government funds open-source work. Government funding should be for work that is available to everybody. Open source is not available to commercial companies. The way the license is written, if you use any open-source software, you have to make the rest of your software open source. If the government wants to put something in the public domain, it should. Linux is not in the public domain. Linux is a cancer that attaches itself in an intellectual property sense to everything it touches. That's the way that the license works.

~

The enemy has spoken. Let's hope the 'tumor' spreads.

wink
0 Votes
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A sizable number of companies helped build the kernel last year, he said, and reverse engineering is required for drivers a lot less often because their owners often share information on them, or there are alternatives available. a b c d e f g h i j
0 Votes
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We are going straight to a OS war
Quebec-french 22nd Jan 2010
With the accord accepted in EU over Oracle and sun
deal
the Allaince between MS and HP .... The only power
left is IBM, they will go with who...REDhat , or there
own favor .

that said

I think that is MS drop the nuke this would be a good
thing .....Once and for all will know If linux is ok
or not .... Should this happen and linux is not ok ...
will move on to BSD or SOlaris that all The great
thing with opensource is ... there are alternative and
good one.

So sit back grab a beer and watch the bloodbath goes
on.
If MS goes out victorious It will be time for a anti-
trust period

For me Its a win - win situation
If Linux win Its ok
If Ms win they go anti-trust It a miracle
If MS win will move to BSD and Open Solaris Is
wonderful .....

In the End MS get it in the face one way or they other
. I drink to that Beer , popcorn ,chicken wing ,crab
cake, olive , a good bloodbath and in the end MS
get it ..... Ill cry if could
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The OSS citadel will repel any M$ attack
Linux Geek 22nd Jan 2010
OSS just need to retain a few good lawyers and the wrath of OSS like they did with $CO.
This will create an inpregnable Maginot line against the M$ legal goons.
0 Votes
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If only Che Guevara were alive today.. Then you three and Brother Richard could plot your rebellion against your oppressors at the local Starbucks..
0 Votes
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Microsoft has every right
ptcruisergt 22nd Jan 2010
Microsoft has every right to defend its patents. If you don't like it, then blame the legal system, not Microsoft.
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Yes but....
Economister 22nd Jan 2010
the way they go about claiming violations without specifying what they are is REALLY slimy. That is one of the major reasons I cannot stand MS. It offends my sense of fair play, honesty and integrity. But then again, this is MS. That seems to be how they operate.
0 Votes
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I agree, and I do
DanaBlankenhorn 22nd Jan 2010
Software patents should never have been allowed.
They don't spring from Congressional action, but a
single court case. Just like the idea of
corporations as persons springs from a footnote in
a 19th century court case.

It's these activist judges that drive liberals
crazy.
0 Votes
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Haha!!! Activist judges!
NetArch. 25th Jan 2010
Boy, is that funny! A liberal judge whose case ends up deciding questionable law is demonized by conservatives by being called "activist", yet those same people cheer any decision by a "conservative" judge which clears up questionable laws in their favor.

Does the term hypocrite come to mind? wink Another case of the pot calling the kettle "black". Watching the carnage from the middle is starting to wear me down.
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He who stands for nothing
Ole Man 25th Jan 2010
will fall for anything!

Perhaps this explains your sinking feeling?
  • Flagged
0 Votes
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I blame them both
Wintel BSOD 22nd Jan 2010
The legal system for allowing it. M$ for taking advantage of it.

They will never legally put Linux out of business. Doesn't mean they won't try.
0 Votes
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Many years back...
rapson 22nd Jan 2010
...there was a cartoon strip called Andy Capp (I'm showing my age, I know). I've always remembered one strip in particular, which showed a Andy and a policeman standing over an unconscious man, and the policeman was writing and quoting Andy: "I thought he was going to hit me, so I hit him back first."

Somehow Jeremy's warning reminds me of that. Should we expect a pre-emptive strike by the "open-source citadel"?

Carl Rapson
0 Votes
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Loved that strip, too. Andy Rocked!
0 Votes
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It looks like his project isn't getting enough attention so he has to make up these kinds of conspiracies. What does it matter to him anyway? He's already got an agreement with Microsoft.
0 Votes
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Notice the dateline
DanaBlankenhorn 22nd Jan 2010
Wellington, New Zealand. I hinted at it in the
hobbit references. I'm thinking he didn't expect
what he said to even be noticed here.

Durn that Internet!
0 Votes
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Storm in a teacup.
JeremyAllison Updated - 22nd Jan 2010
Dana,

I've given this same talk 3 times over the last year, once with some Microsoft employees in the audience, and it didn't make any splash. It's a humorous look at Microsoft's past transgressions, and ends on a hopeful note on Microsoft's participation in Open Source for the future.

Not really worth all the fuss your article makes of it happy. I guess it just depends if there are journalists in the audience trying to get people to come to their blogs.... happy happy.

Read the slides here:

http://groups.fsf.org/wiki/Jeremy_Allison_%28LP09%29

Jeremy.
0 Votes
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Thanks for joining
DanaBlankenhorn 23rd Jan 2010
I wasn't aware that you've given the same talk
before. I worked off the New Zealand journalist's
story, and added some LofR analogies for splash.

Actually, I'm jealous. No one is asking me to
speak in New Zealand. Hope you had a good time.
0 Votes
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Ah, the "Weta Digital" angle.
JeremyAllison 24th Jan 2010
They're based in Wellington (where I was) and gave a talk at the conference. Did you know they rendered Avatar on their 35,000 cores, running Ubuntu ? The other interesting fact is 90% of their digital artists run Ubuntu desktops, only 10% run Windows.

Details here:

http://blog.dustinkirkland.com/2010/01/lca2010-day-2-wellington-new-zealand.html

New Zealand is *incredibly* beautiful. I'd love to go there on vacation someday, when I'm not working at a conference happy.

Jeremy.
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MAD
IT_User 22nd Jan 2010
What kept the US and Soviet Union from engaging in nuclear exchange? Mutual Assured Destruction - the knowledge that each side owned sufficient weaponry to annihilate the other. No matter who starts it, there are no winners, only losers.

The patent standoff has the same characteristic. MS, or any would-be aggressor, has more to lose than to win by starting a patent war.
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May by why most plaintiffs are small or dying
DanaBlankenhorn 22nd Jan 2010
Nokia is dying. Most patent litigants are small
fry, not big guys.
Well done! Thank you very much for professional templates and community edition
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