I guess their philosophy is if you can’t beat them fair and square in a fistfight, try shooting them in the head when they’re not looking.

Ballmer: Linux users owe Microsoft

In comments confirming the open-source community’s suspicions, Microsoft CEO Steve Ballmer Thursday declared his belief that the Linux operating system infringes on Microsoft’s intellectual property.

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 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.



  1. Hello, as Microsoft is the last to use Linux to promote it´s business,
    just look a few step further: this hypeware is about virtualization, about thin clients, about Microsoft losing the desktop. I wrote something about this hypeware in my blog at http://www.thinsia.com.
    Roland Sassen

  2. Mike L says:

    Come on…. Micro$soft is just mad because everyone is flocking away from their server platform to Linux. Most of us out here need a simple ‘file server’ and it should not cost a fortune. Linux fills this need quite well.

    Ballmer needs to learn that nobody likes a kid that gets mad and takes his ball home because he sucks at the game.

    If Windoes was so damn good, why is everyone using Linux? Because they like it better. Real simple. The business world is not complicated. If people like your products they will buy them, if not, they will go to your competition. Dont be mad because they leave you, it’s your own fault for not taking care of you customers and their needs.

  3. sdf says:

    What a douchebag.

  4. Milo says:

    Remember what Microsoft did to DR DOS? Get ready Linux users. Soon it will be time to fight or bend over for M$. Don’t say you weren’t warned.

  5. Haywood Jablome says:

    Apparently Microsoft is descriptive of one of Ballmer’s body parts.

  6. Gary Marks says:

    This is actually sort of a clever way to make a veiled threat. By publicizing their pledge not to sue SUSE Linux users over possible patent violations, Microsoft is able to imply ever more strongly that they have grounds to sue other Linux distributors.

    Striking fear in the hearts of corporate heads that don’t want legal hassles is the goal, but it’s so much more pleasant when you don’t have to make direct threats, isn’t it?

  7. Mr. Fusion says:

    MicroSoft is using the same strategy it using with its proxie, SCO, against IBM. Everyone can see that this case is dragging on and on and they are still not out of discovery. IBM still doesn’t know what code SCO claims is being used that is patented. After 3 ½ years !!!

    MS will also upset the business end by just putting this scare out there. Businesses don’t want uncertainty, they will pay a premium to avoid it and if that includes using the more expensive MS products, so be it.

  8. Joey says:

    It’ll be fun seeing Balmer go toe-to-toe with IBM, the world leader in patents. And these are “real” patents, like like DMA (Direct Memory Access). Good luck on those SQL TPC benchmarks with PIO disk I/O Balmer.

  9. SN says:

    Mmm… so how much money does Microsoft owe Apple?!

  10. bill says:

    More like how much does microsift owe AT&T for UNIX? For that matter how much do we all owe AT&T and Mr. Ritchie for UNIX?

    Let’s see how good MS’s Linux is.. ha.
    (they should have used BSD instead)

  11. TJGeezer says:

    It’s kind of kicky to see MS using FUD in the marketplace as a tactic against IBM, since it was IBM that developed FUD into a major marketing weapon in the first place. (That’s if I have my history straight and, if not, no doubt someone will correct me.) In any case, irony abounds.

    As for “we won’t sue SUSE” as a not-so-indirect threat to other Linux distributions – that’s a business poker move worthy of a master. And a risky one, as #8 pointed out. It’ll be interesting to watch this play out.

  12. Peter Rodwell says:

    I guess we’ll soon have to slaughter all male bovine animals before Microsoft sues them, claiming exclusive rights to manufacture bullsh*t.

  13. TJGeezer says:

    #12 – geez, you just had to put that idea in Ballmer’s head, didn’t you…

    Robt Cringely posted an interesting commentary on the whole MS-Novell deal at http://tinyurl.com/y5vzwp – he says Novell should look at the history of the 3Com-Microsoft LAN manager fiasco. Pertinent quote:

    3Com founder Bob Metcalfe claims that a Microsoft exec told him, “You made a fatal error, you trusted us.”

  14. ECA says:

    You cant sue, over something that is GIVEN FREE…

  15. Milo says:

    ECA: For what a lawyer makes you can sure give it a good try.

  16. tom j says:

    In some degree Microsoft has a great deal of its innovations coming from its legal department rather than from its software engineers.

    For standing up for the creators of intellectual property we might give Microsoft credit. But for going out to Never, Never Land with its legal claims, we have a great deal of ill feeling being created instead.

  17. Thomas says:

    > You cant sue, over something that is GIVEN FREE…

    If that something infringes on someone else’s copyright or patent, I’ll bet you can. It would be similar to using stolen property. In addition, I’ll bet that the patent holder can sue distributors of that technology such as SourceForge if they continue to distribute that technology.

  18. Mr. Fusion says:

    ECA, Although you make a good point, that is not true. The best example is the free trade of music. By giving it away free, you avoid paying the royalties which clearly belong to the artists, musicians, etc. I believe you mean the Open Source software and that is what MicroSoft is suggesting they own a piece of.

    The point is that most patent claimants, in a case like this, don’t really want a settlement. They want you to keep buying their product even though they don’t really own it. Few people can afford the attorney fees when the case drags out for a decade or more. Just that threat alone is enough to keep people from going to the competition.

  19. Timbo says:

    Unfortunately, Microsoft is one of America’s cash cows bringing money back into the country. Neither political party will try to stop that. I mean, the Digital Millenium Act was to make sure Hollywood gets as much money back into the country as possible.

    Microsoft won’t try to sue Turbolinux which the orientals maintain and use because it would lose. The future attack on Linux will drive Linux development and distribution out of the country in search of a safe haven.

    How many vounteer GPL programmers who work for Microsoft would then start putting bugs & backdoors into Windows and MS Office in revenge? (Wait until the MS spies read that!)

  20. Duffy says:

    Typical Balmer. Can someone please up his Haldol medication?

  21. ECA says:

    1. The court MUST give you a lawyer… Patent attorneies are not free..
    2. The first question comes like this…Why Prosecute this Lowly person who has no money and didnt Pay to the product.
    3. why not Sue Germany, india, china, who DO have money..
    4. perhaps you may also remember, that about 8 months ago, it was found that MS is using Linux code for networking.
    5. I wonder if you PAID for that code, and of the Maker might like a payment, or 10,000,000 payments from MS..

  22. Uncle Dave says:

    #21: Without going into the other issues, you are right that you are entitled to a lawyer in a criminal case. In a civil case, like this would be, you are entitled to nothing. And anyone can sue anyone for ANY reason whatsoever. Doesn’t mean you’ll win, but winning isn’t always the objective. Forcing the opposing side to spend their time and money, making a point, using the courts rather than the marketplace are just a few examples of why. Companies like MS, IBM and the new kids on the block, the RIAA and MPAA, are masters of doing just that with the deep pockets to take on anyone.

  23. ECA says:

    22,
    AND, is there a way to take it to FULL trial, besides bring a gun to court??
    I would demand a full trial…

    as Im not the only one, in the USE of the product. Make a REAL theft.
    Make the point that IF’ you have stolen something, then you want a court trial.. If you have not stolen something release me. And if it will not be, then you do not condone, or acknowledge its course.

  24. DeLeMa says:

    Geez guys, M$ has the DMCA and all the rest of the sh!t that perverted piece of monopolistic mumbo-jumbo let loose…so, who ya gonna call?
    A Lawyer ……yahahahah !!! There’s a lot of things need to be un-done and I’m tired of pointing a finger at any one party for their genesis…I wonder if a few people would simply write a brief email to their newly elected representative to point out just 2 of the more smelly peices of recently passed “laws”, if that might be effective ? Down with the DMCA and the WCA !!! (WHAT !?! I”M OUT OF COFFEE !!)


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