Microsoft: free software infringes 235 patents

 

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By Barry Collins

Posted on 14 May 2007 at 10:36

Microsoft claims free and open-source software (FOSS) infringes on 235 of the company's patents - the first time the software giant has put a precise figure on the alleged theft.

Microsoft has long claimed that FOSS violates many of its patents, but has never produced any detailed evidence. Now, in an interview with Fortune magazine, the company's licensing chief, Horacio Gutierrez, claims it's identified 235 instances of patent infringement.

Gutierrez claims the 'breathtaking number' of patents involved means the infringement must have been deliberate. 'This is not a case of some accidental, unknowing infringement,' Gutierrez told Fortune. 'There is an overwhelming number of patents being infringed.'

How Microsoft decides to pursue the alleged infringement is, of course, the big question. With companies and partners such as IBM, Philips and NEC heavily involved with the open-source movement, any litigation could create huge problems for the software giant.

However, speaking at the time Microsoft announced its controversial alliance with Novell, the company's CEO Steve Ballmer declared: 'I do think it clearly establishes that open source is not free and open source will have to respect intellectual property rights of others just as any other competitor will.'

The ball is firmly in Microsoft's court.