Microsoft and Amazon announce open-source patent agreement, trinkets in exchange for air kisses
By Thomas Ricker 
posted February 23rd 2010 1:51AM
posted February 23rd 2010 1:51AM
The move prompted Jim Zemlin, executive director of the Linux Foundation, to claim that Microsoft appears to be trying to, "create uncertainty around Linux." Mind you, this isn't just tin-foil worry from the wire colander collective, Microsoft claims that free and open-source software violates some 235 Microsoft patents. A big enough stick to coax a number of companies -- like Novell, Linspire, Xandros, Apple, and HP -- into striking agreements with Microsoft or risk litigation as was the case with TomTom. Agreements that Canonical's Mark Shuttelworth called, "Trinkets in exchange for air kisses," or "patent terrorism" if you prefer Sun Microsystems' take.
I don't know what that means but I know it can't be good
@yulebellow
Sounds witty and I giggle at the idea of using it.
@yulebellow Microsoft doesn't allow retailers to sell open source software, if they do Microsoft threatens to stop selling them Windows wholesale.
Amazon broke that by selling the kindle and this is Microsoft saying, pay us for it or you'll pay more in the long run by not getting to sell Windows OS. The same thing happened to Dell with its netbooks. Ever wonder why you never see an HP, Acer or Asus computer sold with linux?
I don't know how I feel about Microsoft's business practices but I can see how it might anger the open source community.
@Broderbund didn't HP offer Ubuntu as a free option for a while? i know Dell did but i wasn't aware that either got into legal trouble with Microsoft.
@Broderbund Let's stick to facts instead of BS ok?
Go to:
http://www.linux-netbook.com/
Search all 3 companies. You'll find Linux Netbook and/or laptops. We all know that ASUS has pushed a complete line of Linux laptops. That has absolutely nothing to do with MS. MS cannot define such specifics on another company, nor are they the 900 Pound Gorilla they used to be in the early-mid 90's. That Gorilla is half it's weight now. And that's why we all see such an increasing balance in competition in the industry these days.
The Amazon strategy is probably a mis-construed agreement since MS will likely leverage the Kindle software in Win7 Phone and future products. They are obviously attempting to put their own branding ahead of the e-book game - And take this in for a moment: What the HELL is Amazon supposed to do after losing e-book agreements with top publishers to Apple???? Of course they'll leverage a bigger brand name to sell their product!! Since MS is not in the e-book game the overall impact will be minimal and I think anyone who isn't reacting from PMS or an emotional-tie to Open Source would easily agree.
But hey, if you're into leveraging digital soapboxes, have a blast.
@yulebellow
"patent terrorism" is nothing new. Actually, every patent is based on patent terrorism. Don't copy me or I sue you! Welcome to the US legal system.
@Oldarney I forgot that the US is the only country in the world that has patents.
@Oldarney Yeah, the good ole legal system involving patents. It's been so abused and tossed aside by business practices it's about to grow so ugly and bloated that it'll ruin what little international clout it has left.
On that note, I've always been disgusted that patents be enforced in claims against individuals for personal use and against non-profit organizations. If someone patented a simple dispenser, good for the patent owner, but I should be able to build similar for my personal use if I'm up to the challenge (or heaven forbid was using something similar before they submitted the patent), same goes for non-profits.
@juanvaldez There is nothing stopping you from making "something similar" for personal use. In fact, if you make minor changes to it, you can file a patent yourself for the improvement. You just can't file a patent for the original.
About the only time patent disputes happen is if you were making "something similar" and marketing it for sale. Or if you made it for personal use and demonstrated it all over the place as your own invention.
If I invented, and patented, a Wireless Poop Scooper, and then you came along and made the same thing and tried to sell it......you would find yourself in court, and deservedly so.
@yulebellow
That pic is still awesome. Love Windows, but still... awesome.
"Trinkets in exchange for air kisses"
Joshua Topolsky quote?
@Slick
Mark Shuttelworth may fancy engadget
@Slick
And this seems like a really bold (and half desperate) step by Microsoft to start trying to claim Patent right infringements that are being regularly used in the open-source community.
Grow a set Microsoft.
@uShak
It was actually Topolsky quoting him on the Engadget Mobile podcast, but figured it quotable both ways
Linus....... NOOOOOOOOOO!
What are you up to Mr. Ballmer? Hmmmmm
@gcelan01 I see some future ebook reader functionality coming to a Zune near you.
@gcelan01
Business. Period.
So companys still have to pay the Microsoft tax even if they use free open source software from another company, so technically linux isnt as free as people think along with any other open source software that come preinstalled!
@OCEAN CLAK Linux is free to anyone that doesn't also want to do business with Microsoft.
Those guys are few and far between, obviously, but that's why Linux isn't nearly as popular either.
@OCEAN CLAK
The reason linux based computers cost the same as the Windows versions is that the OEM is just making you pay the cost that bloatware subsidizes the hardware and license of Windows.
This isn't a hidden cost of linux, you're still paying for exactly what you receive. It's more like an unlocked vs. contract phone.
I smell a COURIER. Does anyone else?
This has been Microsoft's answer to "how on earth do we make money in a world of open source written and owned by other people" for a long time now. They started this strategy in 2003 or so. It was very visible in Europe where they lobbied / lobby hard for software patents while working to get their patents into official formats. It won't work because IBM has about 100x more patents and is consistently blackmailing Microsoft: attack Linux directly and we attack Windows. So Microsoft have to play around the edges like this.
Notice IBM are not on that list, a company heavily involved with open source. Maybe its because for every patent Microsoft has IBM has about 1,000. People worry about Microsoft but the total patents under the Microsoft brand related to computing would be less than 1% of those out there..
So MS are not allowed to bundle just IE with it's OS because it is anticompetitive but they can get away with this?!?
@JJ452 Europe Vs. America.
"gives Amazon the right to use open-source software in its Kindle"
Is there something wrong with that sentence or is it just me?
@BeniRose
Also, isn't this essentially corporate extortion?
"Hey, give us some of your money and we won't sue you"
The funny thing about that picture of Linus, is that he's not giving the thumbs up in front of a pile of Windows 7 boxes. He's giving the thumbs up in front of a pile of bootleg Windows 7 boxes.
I'd like to see these some 235 patents.
What's Yodobashi Camera got to do with this news article???
or couldn't they find a relevant photo?