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