Microsoft in Linux patent mystery
A group aiming to promote open-source software has bought 22 Linux-related patents which previously belonged to Microsoft. But the news has prompted speculation about why Microsoft disposed of them in the first place.
The sale confirmed today is from Allied Security Trust to the Open Invention Network. The former is a company set up by several computer giants which buys and hold patents on their behalf.
The latter buys patents and licenses them for free use to computer firms on condition that they don’t enforce their own patents against people producing Linux-based software. It appears the OIN has bought the patents to prevent them falling into the hands of patent trolls: firms which exist solely to acquire and enforce patents in the hope of getting cash settlements.
What isn’t entirely clear is why Microsoft sold the patents in the first place. It doesn’t appear to be some act of generosity or support for open source software: the firm disposed of them via a private auction. A statement released to ZDNet gives the impression it was a straight commercial transaction with Microsoft looking for some cash for some unwanted assets.
Curiously, though, the OIN – which would seem a pretty logical bidder – wasn’t invited to take part in the auction. That’s prompted speculation that Microsoft might have hoped the patents would wind up with an owner that would vigorously enforce them and thus cause hassles for people producing Linux-based software, with Microsoft having to spend cash on legal action and be seen as the bad guy.
It should be noted that the patents concerned are not among those which Microsoft has claimed Linux violates in 235 different instances. The patents sold this week relate mainly to 3D graphics.
The incident comes in the same week as allegations that Microsoft is using misleading or plain untrue information about Linux in training materials for Best Buy staff.
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