eWeek - May 21, 2007

NEWS&ANALYSIS VIRTUAL FOCUS Companies move to meet demand for desktop virtualization products PAGE 20

Patent claims concern users

TIMING OF MICROSOFT’S IMPLIED LEGAL THREATS CALLED INTO QUESTION

B My Peter Galli IN LOS ANGELES common issues customers is using today are found to ware industry, but also, more icrosoft’sdecision face in their heterogeneous violate those patents, he told importantly, in terms of what to use the threat of environments and ways of e Week in an interview. it does to consumer confi-patent violations by resolving them. While there has been an dence,” Gasparro said. the free and open- Microsoft’s implied legal ongoing discussion in the “I think it would have a source software threat over the patent viola- industry about going after very adverse effect on con-community to try to drive tions is also of concern to software patent violators, sumer confidence both in enterprise customers to SUSE Booz Allen and could impact “this is a slippery slope not the enterprise and in the Enterprise Linux and further it if some of the products it only for the business soft- retail space. I would hope muddy the waters around the that Microsoft would do next version of the upcoming Tough talk the right thing and not let _{GNU General Public License}_this _get _out _of _control,” _he_may _backfire.Microsoft and the open-source community have been battling for years over the issue of patents and free software: ^said.Officials with the Red- The timing of Microsoft’s mond, Wash., software “What hobbyist can put three man-years into decision to finally announce maker claimed May 14 that programming, finding all bugs, documenting the alleged patent violations _the _Linux _kernel _violateshis product and distribute for free? The fact is, no one besides us has invested a lot of money ^is ^interesting, ^he ^said.42 of its patents, the Linux in hobby software.” MICROSOFT FOUNDER “I’m not quite sure what GUIs run afoul of ⁶⁵, the AND CHAIRMAN BILL GATES, FEBRUARY 1976 the compulsion was to OpenOffice suite of pro- release the information now, grams infringes ⁴⁵ more, “One thing they will do with their patent and I do feel that it is some-e-mail programs violate portfolio is enforce it against open-source thing of a paradox to what ₁₅_, _and _other _assorted _freesoftware. ... Not to get money because we we are talking about here [at _and _open-source _programsdon’t have any; but they will attempt to block our implementations.” BRUCE PERENS, CO- ^the ^Customer ^{Interoperabil-}^transgress ^68.FOUNDER OF THE OPEN-SOURCE INITIATIVE, ^ity ^Council], ^where ^we ^areBut Daniel Gasparro, _APRIL ₂₀₀₄trying to bring enterprises chief technologist for infor- together and actually help mation services at global all of us deal more effec- _consulting _company _Booz“Software patents are dangerous to the economy at large and particularly to the ^tively ^with ^our ^complex, ^het-Allen Hamilton, in McLean, European economy.” LINUS TORVALDS, RIGHT, erogeneous environments,” Va., said he is unhappy about MICHAEL WIDENIUS AND RASMUS LERDORF Gasparro said. the move and questions its ^TO ^THE ^EUROPEAN ^UNION, ^NOVEMBER ²⁰⁰⁴Microsoft needs to move timing. Gasparro’s criticism quickly to address not only is particularly pointed, given “If a customer says, ‘Look, do we have what it plans to do, but also that he is also a member liability for the use of your patented work?’ why it has decided to ratchet of Microsoft’s Customer ^{Essentially, if} ^you’re ^using ^non-SUSE ^Linux,up the patent issue now, Interoperability Alliance, ^then ^I’d ^say ^the ^answer ^is ^yes.” ^MICROSOFT“as I can see how this is which was established in ^CEO ^STEVE ^BALLMER, ^NOVEMBER ²⁰⁰⁶going to have a very adverse June 2006 to focus on the [CONTINUED ON PAGE 10]