Microsoft plays bully boy with Linux legal threats

Stan Beer
Tuesday, 21 November 2006 07:17

Opinion and Analysis

Those who initially thought that Microsoft was extending the olive branch to the Linux community with its recent Novell deal can think again. Microsoft CEO, Steve Ballmer, has made it clear that the software kingpin will attempt to protect its proprietary monopoly in any way possible, including baseless legal threats.

The threats, obviously designed to strike fear into the hearts of Linux users that haven't struck a deal, were made recently by Mr Ballmer at a technology conference. He reportedly said words to the effect that every Linux customer has an undisclosed balance sheet liability.

Just what "undisclosed balance sheet liability" means exactly is open to interpretation. However, there is little doubt among pundits that it is a veiled threat of legal action claiming patent infringements of software aimed at Linux users.

Played back in this light, the agreement struck between Novell and Microsoft, in which Novell will pay US$40 million over the term of the agreement for the use of patented software, appears to be very much like protection money. What's more, Microsoft has made it clear that it wants to forge similar agreements with other Linux distributions.

However, Red Hat, the company that supports the most widely used Linux distribution, has made it clear in no uncertain terms that it has no intention of playing ball.

Few believe that Microsoft has any claim on Linux intellectual property whatsoever. However, the Novell deal has opened the door wide enough to let in a hint of doubt and Microsoft is playing that for all of its worth.

If Microsoft does launch a baseless legal suit, it will not be the first company to have done so and it certainly can afford it. The benefit to Microsoft is not whether the suit succeeds or not but the damage it may do to the Linux market space.