Microsoft riles open-source advocates with Amazon deal

 

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By Stuart Turton

Posted on 23 Feb 2010 at 08:17

Amazon has struck a patent licensing deal with Microsoft, giving the online retailer the right to use open-source software in the Kindle.

As part of the deal Amazon will pay Microsoft an undisclosed sum, and grant the software giant access to some of its Kindle patent portfolio.

Microsoft has long maintained that free and open-source software violates 235 of its patents. It's already used this fact to coax companies including Novell, HP and TomTom into signing patent agreements.

The deal has already stirred up open-source advocates. "If the strategy isn't to create uncertainty around Linux, it's hard to say what it is," said Jim Zemlin, executive director of the Linux Foundation.

"Companies reach broad cross-license agreements all the time, never disclose the patents involved and don’t often issue press releases about it.

If the strategy isn't to create uncertainty around Linux, it's hard to say what it is

"Amazing how despite the 'broad range of products and technology' covered in their cross license, Microsoft chose to focus on Linux and open source - distinctly calling it out from proprietary software and wasn’t specific about any patents."

Despite criticism, Microsoft claimed the deal proved the viability of the IP model that open-source seeks to overhaul.

"Microsoft’s patent portfolio is the largest and strongest in the software industry, and this agreement demonstrates our mutual respect for intellectual property as well as our ability to reach pragmatic solutions to IP issues regardless of whether proprietary or open-source software is involved,” said Horacio Gutierrez, deputy general counsel for Intellectual Property and Licensing at Microsoft.