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Linux Foundation: Microsoft won't sue

Open-source faithful don't fear Microsoft

The Linux faithful might be staring down the barrel of another round of Microsoft's legal taunts, but at last week's Linux Foundation Summit, the reaction was more ho-hum than oh-no.

"The reality is that they are not going to sue a single customer," said Jim Zemlin, executive director of the Linux Foundation. "It would not be in their business interest. Microsoft is not going to sue their customers."

Zemlin said one fact alone - that most corporate Linux users have a mixed environment with Microsoft software - will protect users from the software giant going after them based on patent infringement.

The patent issue has risen to near the top of the Linux Foundation's list with the signing last year of a cross-licensing patent deal between Novell and Microsoft, in which Microsoft promised not to sue Novell Suse Linux users for patent infringement. Several similar deals have followed since with Linux vendors Xandros and Linspire.

As part of its charter, the Linux Foundation offers legal-protection services for developers to safeguard the future of Linux.

Microsoft claims that Linux violates 235 of its patents, although it has yet to detail what those patents are. Critics contend the issue is meant to create uncertainty among potential corporate Linux adopters.

But Zemlin said the contracts are hurting Linux "only in the fact that Microsoft uses them to create a perception of risk that in reality is not there”.

Many others at the foundation's first-ever summit - a collection of some of the most influential Linux kernel designers, software developers and user companies - took that same position.

"Open source is safe for us to use: That is the message that I want to get out there," said Chris DiBona, Google's open-source programme manager.

"I would be shocked if Microsoft didn't have patents that read on Linux," said Mark Radcliffe, a partner at law firm DLA Piper US who advises companies on intellectual property issues. "Will they enforce them is the question. Companies using Linux don't have to fear patent suits."

Radcliffe thinks Microsoft is in a difficult position because it probably couldn't avoid spearing its own customers with any legal action.

"I think the Microsoft [Novell] deal was a misfire," he said. "I think what Microsoft's actions recognise is that Linux is here to stay. And any competitor will use tools to try and slow it down."

Others say that patents have become a real problem for the computer industry.

See also: 10 things Microsoft loves & hates about open source

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