How can you compete with free ? That’s the question every business publication has been asking to Microsoft lately. Of course priceless software is actractive per-se, so many online journalist and bloggers already foresaw Microsoft’s decline in the OS war.
Well, seems like Microsoft had an answer lately, and a good one.
In the last few days, perhaps taking advantage of me being offline 
, Microsoft sued TomTom on 8 software patents. Amongst them 3 related to filesystem management. Something as stupid as ‘Common namespace for long and short filenames’.
Those patent involve the Linux kernel, which TomTom uses to run its devices.
This sounds like being a very good answer from Microsoft. It’s not really necessary to compete with Linux, as long as you can fine vendors for every Linux device made.
This is previously spread FUD being put to practice. So FUD not more, but a real threat.
Of course Microsoft’s Gutierrez declared they’re not gonna sue every Linux company. This is really something we can believe, as doing something that stupid may really make people perceive the outstanding stupidity of the patent system, the software’s especially.
An slower overtake is much preferable. The first step being winning some trial, best if it mixes non-Linux patents with Linux related ones. The second being, after having built a fair record of precedents, start spreading FUD and procede to a second patent agreement protection racket tour. Be sure to make your PR bring a nice depliant showing the Novell agreement case study, and all the benefits they got. And third, but this is to dreamy to be possible, pretend Linux is free for hobbyst and paid for professionals. Better off if it’s paid to Microsoft and not software authors.
Isn’t this possible ? Isn’t it already happening ? Haven’t you noticed Dell’s Ubuntu computers (not netbooks) never offered any noticeable price advantage respect of their Windows versions ? You do have to pay the DVD codec license, for example. That applies even if you’re lucky enough not to live in a country stupid enough to allow software patents. (of course that’s probably not the sole reason but gives you the idea).
Now please someone provide me with some good example on how patents help innovation. Please.
See also: Software patents harm kittens.
[...] asserted by Harald Welte, it’s about cost. Another person makes a similar suggestion, arguing that Microsoft wants to rationalise “Linux tax”. How can you compete with [...]
It might happen in some limited scale. It will however be a strictly US business. I’m not sure what implications such a scenario will have:
- companies will search for a base somewhere else but not in the US?
- products sold in the US will have an added “tax” on the price tag?
Even in the US companies choose court carefully before deciding to file a lawsuit. Why? Because not even in the US every court will “upheld” ridiculous interpretations of an outdated patent system.
Lets see what happens first: Microsoft’s success in catching Linux in a tight net of unproven patent claims, or the already announced overhaul of the patent system?
Worst-case scenario: Microsoft is serious about enforcing its FAT patents. The vfat driver would be removed from the official kernel in the next release, distributions follow suit. Most distributions would provide a point-and-click way to add a FAT driver (possibly vfat, perhaps a FUSE-based port) to those outside software-patent countries or who just don’t care. Similar things have been done in the past with media codecs and libdvdcss. That leaves only commercial desktop distros to pay the “Microsoft tax”. It would suck, but it isn’t Armageddon.
There is a price advantage for Dell Ubuntu computers: $50, the cost of an OEM license for Windows.
@KimTjik: the location of businesses doesn’t matter. They’re liable as long as they sell in the USA – a market too important to be left alone. As products are engineered to be sold world-wide, the dumbness of some country’s patent system, condition all the products sold world-wide. For example, does Dell ship a (beer)free DVD codec in countries where software patents does not apply ? I never checked, but I am sure: of course not.
Also the massive past investments and accumulated patent portfolio, will put a great pressure on the patent system’s overhaul to be made (if it will ever be made). I wouldn’t bet my ass things will change soon.
@Anonymous: the lacking of price difference (or even worse, the fact the Ubuntu version was sometime slightly costier) has been lamented many times on Dell’s IdeaStorm. (see also my answer to KimTjik: do you think the DVD codecs shipped with Ubuntu by Dell are free ?)
@Skymt: that’s the point of my post. How you can compete with free ? You make Linux ‘costly’. As simple as that, Linux looses one of its biggest strengths. And FUD will keep raining on independent developers and small businesses, yay !