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Old 05-16-2007, 05:34 PM   #1
BigM555
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Ernie Ball & Open Source/Linux

Certainly not new news but I ran across this old article and thought some here might be interested.

With the recent saber rattling that MS is doing about going after Linux users for patent infringements it's nice to see how some of our favorite music related companies have responded to their previous attempts.

Sterling Ball, son of founder Ernie, decided to throw all MS software out after the Business Software Alliance mounted a raid on them.

Rockin' on without Microsoft | Newsmakers | CNET News.com

Not surprisingly this is NOT an atypical response when the thugs show up knocking on doors.

I say let MS have their rallying calls, rattle their swords, sue their customers. It will get them no where in the end.

I'm sure we'll be discussing this at our Linux Users Group (LUG) tonight.
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Old 05-16-2007, 06:17 PM   #2
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But there's a real argument now about total cost of ownership, once you start adding up service, support, etc.
What support? I'm not making calls to Red Hat; I don't need to. I think that's propaganda...What about the cost of dealing with a virus? We don't have 'em. How about when we do have a problem, you don't have to send some guy to a corner of the building to find out what's going on--he never leaves his desk, because everything's server-based. There's no doubt that what I'm doing is cheaper to operate. The analyst guys can say whatever they want.
of course 'the powers that be' would love for us to all be scared. they want us to keep using their Microshaft products to keep padding their wallets. fuck that, and Thank You Sterling Ball for standing up and saying, "These analysts are full of shit."

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So thank you, Microsoft.
killing them with kindness. my respect for EB just shot up 200%.

I have a radical idea. The door swings both ways,
we could reverse the particle flow through the gate.
We'll cross the streams.
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Old 05-16-2007, 07:05 PM   #3
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Quote:
Originally Posted by BigM555 View Post
Certainly not new news but I ran across this old article and thought some here might be interested.

With the recent saber rattling that MS is doing about going after Linux users for patent infringements it's nice to see how some of our favorite music related companies have responded to their previous attempts.

Sterling Ball, son of founder Ernie, decided to throw all MS software out after the Business Software Alliance mounted a raid on them.

Rockin' on without Microsoft | Newsmakers | CNET News.com

Not surprisingly this is NOT an atypical response when the thugs show up knocking on doors.

I say let MS have their rallying calls, rattle their swords, sue their customers. It will get them no where in the end.

I'm sure we'll be discussing this at our Linux Users Group (LUG) tonight.
MS isn't suing anyone. They can't. You can't sue someone unless you tell them exactly what you're suing them for, and since MS won't release the information on specific patents, it's FUD and nothing more.

If they were to sue, there'd be a 4 year crossfire of IP suits back and forth from MS to IBM/Sun/etc., and by the time the dust settled, all of the patents will have been worked out of the kernel and apps anyway.

Completely pointless, on MS's part. But that's not exactly surprising.

Furthermore, by entering into an agreement with Novell, they've essentially become Linux distributors, and as such cannot collect royalties from companies using Linux due to the GPL.

The last point is up for debate, but that's what it's looking like.
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Old 05-16-2007, 08:42 PM   #4
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MS isn't suing anyone. They can't.
Well, they CAN. But I'd agree that it's unlikely. The FUD has more value to them in their market.

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Completely pointless, on MS's part. But that's not exactly surprising.
Again, it's FUD. While it won't likely help them much in the consumer market they're expecting it to strike FUD in potential corporate clients.

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Furthermore, by entering into an agreement with Novell, they've essentially become Linux distributors
Time may tell.
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Old 05-16-2007, 09:07 PM   #5
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Well, they CAN. But I'd agree that it's unlikely. The FUD has more value to them in their market.
Not legally, they cannot. Not without disclosing what the patents actually are.
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Old 05-16-2007, 09:20 PM   #6
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Ernie Ball keeps doing great things. First it was giving all their full time employees that made guitars a living wage. Now they went and gave MS the finger.


The only proof he needed for the existance of God was music.
Kurt Vonnegut Jr.

Without music, life would be a mistake.
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Old 05-16-2007, 09:35 PM   #7
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That's an awesome read.
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Old 05-17-2007, 06:47 AM   #8
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Very cool!
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Old 05-17-2007, 11:24 AM   #9
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Not legally, they cannot. Not without disclosing what the patents actually are.
That was a given assuming they actually pulled the trigger. But then of course that would take the U out of their FUD stick.

It's likely that, considering the way the open source community responds to any exploits (in stark contrast to MS's efforts), that if MS actually did have to make public what the specific infringements are the community would have them taken care of before the ink on the court documents was dry.

MS is touting that some of the infringements are "design" related and would entail a significant re-write of major portions of the kernel but I suspect that's just more FUD. It would be nice if the courts would take these kinds of tactics into consideration when making judgment.

"You would not specify which items were infringing. There was no malice on the part of the defendant. The defendant is now awarded 90 days to remove the infringing code without penalty."

A pipe dream perhaps but it'd be cool.......IF it ever even comes to that.
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Old 05-17-2007, 05:07 PM   #10
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Originally Posted by BigM555 View Post
It would be nice if the courts would take these kinds of tactics into consideration when making judgment.
It would be nice if the courts would say "Hey Microsoft: extortion? Maybe you've heard of it? It's illegal. Who wants to go to jail?"

Using FUD to extort royalty payments for unnamed software patents should be illegal.
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