The MS message: Time to invest in Free Software
In an attempt to inspire fear, uncertainty and doubt in the hearts of
the financial world, Microsoft alledged massive patent infringement by
Free Software in a recent Fortune article. [1]
According to Microsoft the Linux kernel violates 42 patents, Free
Software graphical user interfaces violate 65 patents, OpenOffice.org
productivity suite violates 45 patents, Free Software email clients
infringe 15 patents and other unspecified Free Software programs
infringe 68 patents.
On the grounds of these hitherto unsubstantiated claims, Microsoft now
seeks to cash in on the work of all the companies and developers that
earn their living through Free Software.
"Microsoft has built an empire in which it benefits from every
transaction. It can bolster and break companies at will and each and
every inhabitant of their world needs to financially pledge their
allegiance in certain intervals," explains Georg Greve, FSFE's
president. "Now that they are losing market share to a free market
economy built on Free Software, they again try to impose their vig on
the work of others."
"This is a good example of the impact of software patents. The main
effect of such patents is not innovation, but monopolisation and
establishing a licence to sue, or at least to slander," comments
Shane Coughlan, FSFE's coordinator for legal activities. "Unfortunately
Novell has given these ludicrous claims false credibility by entering
into an agreement with Microsoft, and paying Microsoft for a promise
not to sue its customers."
FSFE lawyer Carlo Piana continues: "I understand why Microsoft insists
on the Novell deal, but it is not a reliable example. If one examines
the recent history of the agreements between the two companies,
Microsoft does not seem to be the one selling something. Two years
ago Microsoft convinced Novell to withdraw antitrust claims against
Microsoft, and thus its support to the European Commission [2], for
monetary compensation. On the most recent deal the money apparently
went in the same direction. Paying your infringer nearly one billion
dollars in two years is quite an odd way to show reliance on your
patents portfolio."
Novells CEO, Ron Hovsepian, has indeed published a letter [3] in which
he contradicts Microsofts claims about violation of software patents
in Free Software. But since Microsoft paid good money for the deal
they apparently wanted some return on their investment and they
selected FUD.
"Companies that sign up with Novell as a result of this deal are
wasting their shareholders' money. There is no substance to these
claims, and no need to pay anything to Microsoft to use a system that
Microsoft had no part in," explains Georg Greve, FSFE president.
"If there is a lesson to be learned from this, it is that Microsoft is
getting desparate and does not know how to counter Free Software with
innovation," continues Greve. "This is a good proof of the business
success of Free Software, which is extremely stable not only
technologically, but also legally. So if you are a smart financial
analyst, this is the time to invest in Free Software."
About the Free Software Foundation Europe:
The Free Software Foundation Europe (FSFE) is a non-profit
non-governmental organisation active in many European countries and
involved in many global activities. Access to software determines
participation in a digital society. To secure equal participation
in the information age, as well as freedom of competition, the Free
Software Foundation Europe (FSFE) pursues and is dedicated to the
furthering of Free Software, defined by the freedoms to use, study,
modify and copy. Founded in 2001, creating awareness for these
issues, securing Free Software politically and legally, and giving
people Freedom by supporting development of Free Software are
central issues of the FSFE.
[1]
http://money.cnn.com/magazines/fortune/fortune_archive/2007/05/28/100033867/
[2] http://mail.fsfeurope.org/pipermail/press-release/2005q4/000118.html
[3] http://www.novell.com/linux/microsoft/community_open_letter.html
1. FSFE launches list of recommended Free Software lawyers
2. FSFE action on IPRED2 "Criminalisation" Directive
3. Transcript of Richard M. Stallman's speech in Brussels online
4. FSFE at A2K2 conference in Yale Law School
5. Georg Greve and Jonas Öberg in Belgrade, Serbia
6. Ivan Jelic joining European Core Team of FSFE
7. Merchandise available via web order
8. Get active: join the translation team!
1. FSFE launches list of recommended Free Software lawyers
The Free Software Foundation Europe has started to maintain a list of
lawyers who are experienced an knowledgeable in the field of Free
Software. With the work done within the Freedom Task Force, FSFE has
already built up a track record of successful cooperation with
professional lawyers. Building up this list of recommendations makes
it possible for people outside the FSFE to benefit from these positive
experiences.
http://www.fsfeurope.org/projects/ftf/network.en.html
2. FSFE action on IPRED2 "Criminalisation" Directive
FSFE's Ciarán O'Riordan has been busy in Brussels and Strasbourg during
April. The European Parliament has been discussing, and has since voted
on, the European Commission's proposal to criminalise "attempting,
aiding or abetting and inciting" practically all infringements of
patents, copyright, and trademarks. O'Riordan has been explaining the
harms this creates for society's general freedom to participate in
software development, distibution, and commerce. In this, invaluable
help was provided by the FSFE translators team. The result of the vote
was that patents have been excluded and some minor safeguards have been
added. More work will be required in the coming stages of this
directive.
http://www.fsfeurope.org/projects/ipred2/ipred2.en.html
3. Transcript of Richard M. Stallman's speech in Brussels online
FSFE has invited Richard Stallman, founder of the GNU project and head
of the Free Software Foundation, to Brussels to present the latest
draft of GPLv3. His speech was then transcribed by Ciarán O'Riordan and
put online.
http://www.fsfeurope.org/projects/gplv3/brussels-rms-transcript.en.html
4. FSFE at A2K2 conference in Yale Law School
The Information Society Project of the Yale Law School organised its
second conference on Access to Knowledge (A2K) with over 300 leading
scholars and activists from over 40 countries. Instead of discussing
issues of knowledge and information only from the perspective of
monopolisation and limitations, A2K approaches the area from the
question of rights and necessary access. Free Software plays a central
role in this and FSFE president Georg Greve moderated the panel on
technologists and their influence on society
5. Georg Greve and Jonas Öberg in Belgrade, Serbia
Organised by the Free Software Network (FSN) Serbia, FSFE president and
vice-president Georg Greve and Jonas Öberg visited Belgrade to meet Free
Software activists from Serbia, Croatia and Macedonia. In the evening,
Georg Greve spoke about Free Software and its political influence on
democracy and Jonas Öberg gave a talk on the SELF project and Free
Software education at a local cultural center.
6. Ivan Jelic joining European Core Team of FSFE
Ivan Jelic, founder and chairman of the Free Software Network Serbia,
is FSFE's latest addition to its European Core Team of committed
volunteers. Ivan will be coordinating the Serbian Team of FSFE and
also work on FSFE's system administration, one of the current
bottlenecks.
7. Merchandise available via web order
T-shirts and other merchandise from FSFE has always been sold at various
events and tradeshows. However, sometimes a booth runs out of a
specific design or size, and people have repeatedly requested a way to
order T-shirts online. The webmasters team has now created a new
online order page with pictures, descriptions, and an overview of the
available sizes.
http://www.fsfeurope.org/order/order.en.html
8. Get active: join the translation team!
The Free Software Foundation Europe is an international organisation.
Having information available in as many languages as possible is
essential to reach people all over Europe, and translating web pages,
press releases, and other texts is a task for which FSFE depends heavily
on the work of volunteers. There's always something to translate or to
proofread, so if you want to support FSFE's work directly and
efficiently, join the translation team!
http://www.fsfeurope.org/contribute/translators.en.html
You can find a list of all FSFE newsletters on
http://www.fsfeurope.org/news/newsletter.en.html