MS Sees No Conflict with Its Patent/Open Source Initiatives

By Peter Galli  |  Posted 2007-05-30 Print this article Print

It's important for everyone to understand that the issue of mutual respect for intellectual property rights was an important one for not just Microsoft, but for every participant in the industry, Microsoft stated.

Microsoft does not believe there is an inherent contradiction between its recent statements that free and open-source software infringes on 235 of its patents, and the veiled legal threats that go along with that, and its attempts to reach out and build bridges with the open-source community. "In fact, one makes the other possible, especially at a time like this, when interoperability is so important. Microsoft recognizes the importance of interoperability, which is why we are doing the things we are in our products, why we created the Interoperability Executive Customer Council, and why we are listening to customers," said Horacio Gutierrez, Microsofts vice president of intellectual property and licensing.
Customers did not want to have to solve this problem themselves, they wanted industry leaders, their vendors, to solve the interoperability problem for them, he said.
"The only way thats possible is for companies to really be open to licensing arrangements and building these bridges that people thought were impossible before, among different providers and among different software development models," he said. In a recent interview with Fortune, Brad Smith, Microsofts general counsel, claimed that the Linux kernel violated 42 of its patents, the Linux graphical user interfaces ran afoul of another 65, the Open Office suite of programs infringed 45 more, e-mail programs violated 15, while other assorted free and open-source programs allegedly transgress 68. While Gutierrez acknowledged that he could see how someone could believe by reading the Fortune story that there was some kind of change in Microsofts position on these issues, that was not the case. To read more about why Microsoft plans to reach out to IBM and Cisco on interoperability, click here. "Microsoft has not changed its stance. We have worked very hard for more than three years to build a constructive solution to this problem, and that is the IP bridge we have built with Novell and which we have entered into with Samsung and Fuji Xerox and that we are working very hard on building with other people in the future. That is our approach, and it is precisely the approach that customers have asked us to implement," he said. While some customers on Microsofts interoperability council, like Lt. Gen. Ulrich Wolf, director of the NATO NCSA (Communication and Information Systems Services Agency) based near Mons, Belgium, have no doubts about Microsofts commitment to interoperability and are unconcerned about the ongoing patent and IP debate with the open-source community, others like Daniel Gasparro, the chief technologist for information services at global consulting firm Booz Allen Hamilton, based in McLean, Va., are disturbed by the recent moves. "I would hope that Microsoft would do the right thing and not let this [software patent issue] get out of control ... I do feel that [there] is something of a paradox to what we are talking about here [in the council] where we are trying to bring enterprises together and actually help all of us deal more effectively with our complex, heterogeneous environments," he said. Asked by eWEEK why, then, Microsoft had decided to not only release the 235 patent violation number, but also to detail what open-source software was violating them, Gutierrez said the company felt that once it had created a solution to the problem, it was appropriate to talk about the depth of the problem. It was also important for everyone to understand that the issue of mutual respect for intellectual property rights was an important one for not just Microsoft, but for every participant in the industry. It was also important to recognize that there was an issue and that people needed to work in good faith to resolve it, he said. Can Windows and Linux learn to play nice? Click here to read more. "Ignoring the existence of the problem, or trying to prevent vendors from coming together and resolving the issue is not solving the problem, but putting it squarely on the shoulders of customers, which is what we have taken great pains to try and avoid for three years now," he said. Bob Muglia, Microsofts senior vice president for the Server and Tools division, agrees with this argument, telling eWEEK that "it is necessary to have a conversation about intellectual property when it comes to open source, and you cant just sit back and talk about interoperability for interoperabilities sake without fully solving the customer issue. Unless you actually address the issues around IP, you havent fully solved the customers interoperability problem," he said. Next Page: The bridge building business, not the bridge burning business

Peter Galli has been a financial/technology reporter for 12 years at leading publications in South Africa, the UK and the US. He has been Investment Editor of South Africa's Business Day Newspaper, the sister publication of the Financial Times of London.

He was also Group Financial Communications Manager for First National Bank, the second largest banking group in South Africa before moving on to become Executive News Editor of Business Report, the largest daily financial newspaper in South Africa, owned by the global Independent Newspapers group.

He was responsible for a national reporting team of 20 based in four bureaus. He also edited and contributed to its weekly technology page, and launched a financial and technology radio service supplying daily news bulletins to the national broadcaster, the South African Broadcasting Corporation, which were then distributed to some 50 radio stations across the country.

He was then transferred to San Francisco as Business Report's U.S. Correspondent to cover Silicon Valley, trade and finance between the US, Europe and emerging markets like South Africa. After serving that role for more than two years, he joined eWeek as a Senior Editor, covering software platforms in August 2000.

He has comprehensively covered Microsoft and its Windows and .Net platforms, as well as the many legal challenges it has faced. He has also focused on Sun Microsystems and its Solaris operating environment, Java and Unix offerings. He covers developments in the open source community, particularly around the Linux kernel and the effects it will have on the enterprise.

He has written extensively about new products for the Linux and Unix platforms, the development of open standards and critically looked at the potential Linux has to offer an alternative operating system and platform to Windows, .Net and Unix-based solutions like Solaris.

His interviews with senior industry executives include Microsoft CEO Steve Ballmer, Linus Torvalds, the original developer of the Linux operating system, Sun CEO Scot McNealy, and Bill Zeitler, a senior vice president at IBM.

For numerous examples of his writing you can search under his name at the eWEEK Website at


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