Earlier today, Microsoft announced it will begin actively seeking reparations for patent infringement by Linux and the Open Source Community in general. Larry Augustin posted his thoughts on the matter, expressing his opinion that it’s fear of having these IP-infringement claims debunked or challenged that’s keeping Microsoft from publishing these 235 alleged infringements to the public – and instead waiting until the OS community comes to the bargaining table. But let’s be realistic, shall we?
If Microsoft Corporation doesn’t have the biggest and baddest team of lawyers law firms, who does? It’s probably safe to assume that more than half of these patent infringements really are just that. Put aside the legitimacy of software patents in the first place and just look at the facts as they stand. Open source software gets its code from millions of developers and no amount of auditing or quadruple-checking will ensure clean-code. Despite Microsoft’s claims of “openly and knowingly” engaging in patent-violations, that’s most probably not the case.