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SUMware
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Microsoft Embraces Another Linux Company

From The Register
4th March 2010 -
said by Kelly Fiveash :
Another day, another company developing Linux-based tech falls into line with Microsoft's intellectual property wonks.

Japanese Flash maker I-O Data Device Inc has agreed to cough up an undisclosed sum of cash to Microsoft under a Linux software deal.

This is the latest such agreement Microsoft has made with a tech company that uses Linux in its products.

I-O Data's network-attached storage devices and its routers that run on Linux apply to the "patent covenants" said Microsoft in a statement yesterday.

“We’re pleased to reach this agreement with I-O Data,” said MS intellectual property boss David Kaefer.

“Microsoft has a strong track record of collaboration with companies running Linux-based offerings, and this agreement is a reflection of our commitment to partner with industry leaders around the world.”

Just last week Redmond inked an IP licensing exFAT deal with Panasonic.


usa2k
Blessed
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join:2003-01-26
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Keeps sounding more like a pimp with each deal!


SUMware
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4 edits

reply to SUMware
From Another Linux Vendor Bows to Microsoft Patent Claims
March 4, 2010 -

said by Stuart Johnston :
Just a week and a half after signing a patent licensing deal with Amazon covering the e-tailer's use of Linux, Microsoft announced it has inked another Linux patent licensing agreement, this time with a Japanese hardware company.

Neither Microsoft nor the Japanese company, I-O Data Device, revealed details of the agreement. However, in a short joint statement, the two said the deal "will provide I-O Data's customers with patent coverage for their use of I-O Data's products running Linux and other related open source software."

"In recent years, Microsoft has entered into patent agreements with other leading companies that use Linux for their embedded devices, including Brother International Corp., Fuji Xerox Co. Ltd., Kyocera Mita Corp., LG Electronics, Samsung Electronics Co. Ltd. and TomTom International BV," the Microsoft spokesperson said.

Whereas Microsoft's earlier pact with Amazon included patent cross-licensing, the deal with I-O Data -- which manufacturers PC memory, hard drives, solid-state drives, LCD displays and other PC peripherals and components -- has no such reciprocity. I-O Data will simply cut Microsoft a check for licensing Microsoft's patents, though neither party would say what patents were included in the agreement.

"I-O Data is a leading provider of devices for PCs and consumer electronics, and this patent licensing agreement covers its storage devices and routers, which run Linux," a Microsoft spokesperson said in an e-mail to InternetNews.com.

In the Amazon case, Microsoft also said its agreement covered the use of Linux on Amazon's servers, but again did not provide any details of what patents were at issue. Amazon also said it had paid Microsoft as part of its agreement.


El Quintron
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reply to SUMware
How is Microsoft getting away with this?

I'm also curious as to the reasoning of these companies, is easier to bow to M$'s demands and continue doing business, or do they just not have the resources to fight them?
--
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wmcbrine
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reply to SUMware
Use Windows? Pay Microsoft.
Don't use Windows? Pay Microsoft.
Nice scam!
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El Quintron
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said by wmcbrine:

Use Windows? Pay Microsoft.
Don't use Windows? Pay Microsoft.
Nice scam!
I'm curious how that works too... so far though I think it only applies to countries with software patents.
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jdong
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reply to El Quintron

said by El Quintron:

How is Microsoft getting away with this?

I'm also curious as to the reasoning of these companies, is easier to bow to M$'s demands and continue doing business, or do they just not have the resources to fight them?
It's probably goes along the lines of...

"
Hi, greetings from MS Legal dept....
We noticed your Linux router violates this list of Linux patents....

You have two choices:

(A) Give us 5% of your profits and we'll call it even, or
(B) We'll take you to court and probably put you out of business

Have a great day!"

So yeah, legal bullying.
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El Quintron
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said by jdong:

It's probably goes along the lines of...

"
Hi, greetings from MS Legal dept....
We noticed your Linux router violates this list of Linux patents....

You have two choices:

(A) Give us 5% of your profits and we'll call it even, or
(B) We'll take you to court and probably put you out of business

Have a great day!"

So yeah, legal bullying.
Figured as much... so assuming a company would make its home in a country with no software patents, would they be immune from this type of thing so not in the US, GB or JP?

Or can they not conduct business in these countries either?
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jdong
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They won't be able to sell "infringing" devices here either.
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garywk

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Clarkston, WA

said by jdong:

They won't be able to sell "infringing" devices here either.
So, you figure these companies are having to sign NDA's as part of their agreements on what they're paying for so they can't release to the open source community just what patents they are alleged to have violated? If not, I don't see why they aren't saying just what's been "violated" as it's in their interest to make changes so the "violations" no longer exist and they no longer have to pay MS's tax.


jdong
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said by garywk:

said by jdong:

They won't be able to sell "infringing" devices here either.
So, you figure these companies are having to sign NDA's as part of their agreements on what they're paying for so they can't release to the open source community just what patents they are alleged to have violated? If not, I don't see why they aren't saying just what's been "violated" as it's in their interest to make changes so the "violations" no longer exist and they no longer have to pay MS's tax.
I suspect that said violations probably cover the core ideas of what they're doing, and it'd be far more expensive to attempt to "circumvent" the violations than to just play MS the money to stay away.

As long as these companies don't have a strong moral attachment to the principles of FOSS (which frankly a lot of these kinds of companies don't care too much about, for better or for worse), this can be a reasonable approach.
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El Quintron
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reply to jdong
But they would be able to sell "infringing" devices in countries without software patents?

In reality what kind of fight would they be facing? Do they have to prove their devices aren't infringing?

Or are the patents granted to M$ so absurd there's no way they couldn't infringe?
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jdong
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said by El Quintron:

But they would be able to sell "infringing" devices in countries without software patents?

In reality what kind of fight would they be facing? Do they have to prove their devices aren't infringing?

Or are the patents granted to M$ so absurd there's no way they couldn't infringe?
I'd imagine the latter. It's likely a clear cut case of "yeah, ok, the patent as written means my device infringes", like the HTC "slide screen to unlock display" Apple patent.

Unless the little company has a good legal force and can deal with a temporary halt of sales to pursue the infringement suit, like what happened to Buffalo (the router company, not sued by Microsoft though), it's likely cheaper to submit.
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KodiacZiller

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reply to jdong

said by jdong:

So yeah, legal bullying.
Or what the mafia calls a protection racket. Not much difference really. Instead of taking you to court, the mafia just busts your knee caps. Different tactics, same racket.
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El Quintron
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reply to jdong

said by jdong:

Unless the little company has a good legal force and can deal with a temporary halt of sales to pursue the infringement suit, like what happened to Buffalo (the router company, not sued by Microsoft though), it's likely cheaper to submit.
Fair enough...
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garywk

join:2001-03-06
Clarkston, WA

reply to jdong

said by jdong:

said by garywk:

said by jdong:

They won't be able to sell "infringing" devices here either.
So, you figure these companies are having to sign NDA's as part of their agreements on what they're paying for so they can't release to the open source community just what patents they are alleged to have violated? If not, I don't see why they aren't saying just what's been "violated" as it's in their interest to make changes so the "violations" no longer exist and they no longer have to pay MS's tax.
I suspect that said violations probably cover the core ideas of what they're doing, and it'd be far more expensive to attempt to "circumvent" the violations than to just play MS the money to stay away.

As long as these companies don't have a strong moral attachment to the principles of FOSS (which frankly a lot of these kinds of companies don't care too much about, for better or for worse), this can be a reasonable approach.
My point was, if they tell the open source community about the patent, the community itself will fix the problem even without their help(although it would be far better if they did help with the fix), and then, ergo, no longer are they infringing nor are they paying a MS tax....

It seems to me that greed alone ought to bring this idea to their minds.


jdong
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said by garywk:

My point was, if they tell the open source community about the patent, the community itself will fix the problem even without their help(although it would be far better if they did help with the fix), and then, ergo, no longer are they infringing nor are they paying a MS tax....

It seems to me that greed alone ought to bring this idea to their minds.
Unfortunately I don't think the open source community is that magical about scratching commercial itches for free....
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El Quintron
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reply to garywk
It's probably a matter of expediency more than anything. Why get into a fight if you can just run the M$-Tax as a "cost of doing business"

It wouldn't be the route I would take, but I'm not in business either.
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dave
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reply to SUMware
These I-O Data guys only list two products on their web site: both external disk drives.

My guess is that the FAT32 patents are the problem area.



Smitedogg
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reply to KodiacZiller

said by KodiacZiller:

said by jdong:

So yeah, legal bullying.
Or what the mafia calls a protection racket. Not much difference really. Instead of taking you to court, the mafia just busts your knee caps. Different tactics, same racket.
Or sometimes its cheaper to hire said goons vs dragging it out in court. The yakuza has filled that niche well for a very long time, and there are Russians, Chilenos and .ZA's in the racket, too.

And Americans.

Bidness ain't about ethics, its all about Cost/Benefit to maximize $$$$.

Freedom == FOSS
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