Microsoft: ‘OK, We Won’t Sue You… For Now’

Software giant Microsoft said Tuesday that it won’t follow through on threats to pursue patent violation litigation against makers and users of open-source software. In an e-mailed statement, a company spokesperson told ZDNet UK that it wouldn’t be heading to court any time soon. "Rather than litigate, Microsoft has spent the last three years building […]

Bridges_burning_2
Software giant Microsoft said Tuesday that it won't follow through on threats to pursue patent violation litigation against makers and users of open-source software.

In an e-mailed statement, a company spokesperson told ZDNet UK that it wouldn't be heading to court any time soon.

"Rather than litigate, Microsoft has spent the last three years building an intellectual property bridge that works for all parties--including open source--and the customer response has been tremendously positive. Our focus is on continuing to build bridges."

Odd that Microsoft would talk of "continuing to build bridges" only a week after pulling one of the biggest bridge burning stunts in recent years.

Last week, the software giant told Forbes that it was prepared to pursue patent violation lawsuits againt Linux and free software makers. Without getting into specifics, Microsoft claimed 235 of its patents are infringed by Linux, OpenOffice and various other OSS distributions.

The open-source community responded in kind, calling Microsoft's bluff by challenging them to sue. The Open Invention Network, a corporation set up to guard Linux patents pushed back, threatened to countersue. Almost 400 OSS freedom fighters signed up on the "Sue Me First, Microsoft" public wiki, as well.

Why did Microsoft back down? Open Invention Network CEO Jerry Rosenthal says it's FUD, a non-threat. Sofware Freedom Law Center's Eben Moglen says Microsoft pulls this type of stunt all the time and that OSS patent violations are a non-issue.

In the end, the tactic is all about putting fear into the minds of corporate buyers who are weighing the decision to go with Linux or Longhorn for their next server installation. Or Vista versus Ubuntu for their next 1,000 desktops. The message is: Buy Microsoft and you're safe. Buy one of those "un-approved" Linux distros (as in, not Novell) and you're entering a world of pain.

[photo: reivax via Flickr]