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Re: [News] Op-Ed: Microsoft Could Sue RHAT Over Trademarks (Pickles)

begin  oe_protect.scr 
BearItAll <spam@xxxxxxxxxxxxx> espoused:
> Roy Schestowitz wrote:
> 
>> Perhaps Microsoft will sue Red Hat for trademark infringement (vs.
>> copyright or patent)
>> 
>> ,----[ Quote ]
>> | That could be in the case. Especially since Novell, in its watershed
>> | deal with Microsoft, has taken great care to reiterate that it still
>> | believes that it has not infringed on any Microsoft patents. Why then
>> | would Novell pay such a huge sum of money (with a promise of longer-term
>> | royalities) if it really believed this? Answer? Microsoft may have
>> | presented Novell with compelling evidence that Linux (or something that
>> | Novell was  distributing) infringes on its copyright.  Or maybe a
>> | trademark (or a servicemark).
>> `----
>> 
> 
> Wrong way round there matey, MS is paying Novell the $348mil with a further
> $40mil later. In return for accepting this money Novell are immune from
> from the upcoming MS patent wars.

There won't be any patent wars.  This is sabre rattling.  Do you really
think a convicted monopolist is going to get away with a patent on using
an icon to launch a programme, or a patent on a battery charger which
plugs into a wall socket?  Of course they won't, worse than that, the
publicity will do huge damage to their share price.

> 
> MS fully intend to get control of Linux via patent bashing. Redhat have
> already turned them down, so there is likely to be a battle pending there. 

MS can intend that they like, they /cannot/ control Linux, no matter how
much you claim that they can.

> 
> So, with control (it's coming) of Novell 

They've paid for it.

> and Redhat, MS are then free to
> either own Linux or destroy it. 

What planet are you on?  Are you drunk?

> When the Vista users realise what a pile of
> shite Vista is so go looking for alternatives, MS can choose that either
> they wont be an alternative (RIP-Linux) or they can choose to have a Linux
> there ready for it's customers to fall on, thus selling twice, one being
> the failing Vista then followed by a Linux os.
> 
> Novell should have held out, there is no guarentee that the MS patent wars
> would do any better in court than the SCO patent wars. There is even less
> certainty of these patent wars ever being valid in the EU and far east. (I
> believe I'm right in saying that Japan and China have rejected those in the
> same way as the EU is, but I think it was quite a while ago I last heard
> them mentioned in this).
> 
> Without this deal Novel had the strength of the Linux community behind it, I
> am not sure where they would stand now, in the middle of the battle field
> perhaps, not a good place to stand.
> 

They're dead, unless GPL3 can rescue them.

-- 
| Mark Kent   --   mark at ellandroad dot demon dot co dot uk  |
How many Bavarian Illuminati does it take to screw in a lightbulb?

Three: one to screw it in, and one to confuse the issue.

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