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The internet was abuzz this weekend about a Fortune article in which Microsoft General Counsel Brad Smith claims that Linux violates 235 patents. Unfortunately for Fortune Microsoft's patent claims are hardly news, this sort of saber rattling has been going on for years and contrary to what the [article states][2], this isn't the first time Microsoft has revealed a specific number.
As far back as 2004, Microsoft has claimed that Linux violated as many as 228 patents, or as the [BBC reported][3] at the time "at least 228 patents." Fortune's only revelation is that Microsoft claims seven more patent violations in the last five.
The Fortune story is really just the latest salvo in a long and ongoing battle in which Microsoft seems to recognize that publicly suing Linux over the patents would probably backfire.
Instead the company has resorted to a campaign of sowing fear uncertainty and doubt in the corporate community in hopes of stemming the relentless growth of open source software in the corporate market.
But don't look for Microsoft to actually *do* anything about the alleged patent violations, as the drawn out and ultimately unsuccessful SCO suit highlighted, going after Linux is not a business building proposition.
So why is Microsoft using Fortune to rattle the Linux patent saber? Probably because Novell is thus far the only high profile company Microsoft has bullied into a patent agreement.
The Free Software Foundation has already made good on its promise to close up the loophole exploited by the Microsoft-Novell deal with version 3 of the GPL, which should take effect in July.
The FSF argues that because the Microsoft Novell deal has Microsoft selling "coupons" for Novell Linux, the company is in effect a Linux distributor, which means it is bound by the GPL.
To top off all the rhetoric and FUD, keep in mind that the U.S. Supreme Court has still never really ruled on whether or not software is even patentable, but were Microsoft to pursue Linux with the patent claims, it's possible that the Court might finally have its say in the matter.
But, when asked by Fortune whether Microsoft is headed for an RIAA-style, sue your users campaign, he responded only, "that's not a bridge we've crossed, and not a bridge I want to cross today on the phone with you."
[2]: http://money.cnn.com/magazines/fortune/fortune_archive/2007/05/28/100033867/index.htm "Microsoft takes on the free world"
[3]: http://news.bbc.co.uk/2/hi/business/4021775.stm "Microsoft warns of Linux claims"
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