[Cialug] So who didn't see this one coming?

[Brandon Griffis]

Balmer:  Linux users owe
Microsoft<http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9005171&source=NLT_AM&nlid=1>

I'm not really sure how SuSE could be so stupid when everyone else knew this
was coming.  The big question is if they'll actually follow up on it.  My
guess is no.  Microsoft is more concerned about spreading doubt as a
marketing tactic.  By tossing this out there but not actually acting on it
they hope to worry company management enough to avoid converting to Linux.
That's why the response of most big names in the Linux community is for
Microsoft to put their money where their mouth is.  They know it hurts more
to have the doubt out there with no action than to actually go through the
process of proving it as a false statement.  If Microsoft were to actually
try and make patent claims against Linux they'd have to contend with all the
patient portfolios of IBM, Red Hat, JBoss, possibly even Oracle, and many
others.  Plus the additional legal teams of the EFF, FSF, GNU, and probably
every state in the union.  IBM alone could wipe Microsoft out of existence
in a patient dispute.

Not to mention how underhanded the deal looks.  Microsoft pays SuSE 440
million for "something", and SuSE in turn pays 40 million to Microsoft to
"please not sue us for our patient infringements" (which is what Microsoft
said it was for.  SuSE said it was for "something else").  Ignoring the "he
said/she said" any 1st grader with basic understanding of arithmetic can
tell you that 440 – 40 = 400.  I doubt that 40 million ever actually changed
hands.  It was all probably just documented in paper, and Microsoft
basically just paid SuSE 400 million to be able to use their name in FUD
attacks on Linux.

What burns me up is while this might be good in short term for SuSE.  It
will obviously end up hurting them within a year or two.  By accepting this
deal they've basically said "yes we're guilty" what happens in a year or two
when Microsoft comes back and wants more money from them?  Why would they
make such a moronic mistake?

-G
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