Microsoft General Counsel Brad Smith has told Fortune magazine
that open source software breaks 235 of its patents. He said that
42 of those were broken by the kernel, or core, of the Linux
operating system, while the Linux graphical interface violates 65
of its patents.
Microsoft has in the past sought to undermine the legal basis of
open source software. Chief executive Steve Ballmer said in 2004
that a report had claimed that 228 Microsoft patents were violated
by open source software.
The author of that report disowned Ballmer's remarks, saying
that his report only said that the software potentially violated
the patents, and that most software potentially violated the
patents.
"Open source faces no more, if not less, legal risk than
proprietary software," report author Ravicher told technology news
site eWeek in 2004. "The market needs to understand that the study
Microsoft is citing actually proves the opposite of what they claim
it does."
Microsoft is now making claims based on its own evidence, though
it will not specify exactly what patents are infringed. "This is
not a case of some accidental, unknowing infringement," Microsoft
vice president for intellectual property and licensing Horacio
Gutierrez told Fortune. "There is an overwhelming number of patents
being infringed."
Ballmer has hit the headlines before for claiming that
Microsoft's intellectual property rights are infringed by open
source software development. Following a deal with Novell over its
version of Linux, Ballmer said that every Linux user owed Microsoft
money for using its intellectual property.
Editor's note, 16/05/2007: This story has been
amended since it first appeared.
