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Health is merely the slowest possible rate at which one can die
Torvalds says Microsoft is scaremongering about patents
LINUX KERNEL creator Linus Torvalds believes Microsoft is merely bluffing about its claims that Linux infringes a number of its precious software patents.
"They have been sued for patents by other people, but I don't think they've -- not that I've gone through any huge amount of law cases -- but I don't think they've generally used patents as a weapon," Torvalds said.
He continued, saying, "But they're perfectly happy to use anything at all as fear, uncertainty and doubt in the marketplace, and patents is just one thing where they say, 'Hey, isn't this convenient? We can use this as a PR force.'"
That's actually been fairly clear from Microsoft's refusal to explicitly list, either publicly or privately, what patent numbers it supposedly claims that the Linux kernel infringes. That reminds people too much of SCO's refusal to list any of the "millions of lines" of UNIX SVRX source code that Linux supposedly copied.
As it turned out, SCO couldn't produce any evidence that Linux contained UNIX SVRX source code. The industry has therefore concluded, probably rightly, that Microsoft's patent claims are just about as well-founded as were SCO's claims of copied source code.
So, while not too surprising, it's good to see that Linus Torvalds thinks so too.
"Another reason why I don't think Microsoft really seriously would go after patents is when you're a convicted monopolist in the marketplace you really should not be suing your competitors over patents," Torvalds said.
He went on, "I think that most Microsoft lawyers would say, 'You know, let's not do that; that sounds insane.'"
Torvalds talked at considerable length with Jim Zemlin, Executive Director of The Linux Foundation, last October. The Linux Foundation published the first part of the interview in January and released the second part of it today.
The full transcripts of both parts of Torvalds' interview are available below. ยต
L'INQS
Linux
Foundation interview with Linus Torvalds - Part I
Linux
Foundation interview with Linus Torvalds - Part II
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If Microsoft were seriously to attempt to bring patent claims against Linux, it would open itself to the risk of counter-claims. Could MS absolutely, with complete confidence, assert that there is not one line of open/free/... code in their humungous code base?

That's not a mindless challenge. On the "infinite monkeys" principle, with that much code, and such a long history, there must be lines in there that are identical to open code. It would be difficult for MS to defend against accusations of copying, if dates can be proven. It doesn't even need to have been deliberate.

Torvalds is right. The lawyers would run a mile from trying to make a legal attack on Linux's IPR. The stakes would be far too high.
I appreciate Linus and the work he's done for open source.

However, the timing of this statement, especially with his second comment about the convicted monopolist does seem to coincide nicely w/ Microsoft/Yahoo. If that deal weren't going on, I wonder if he'd stick it out there like that.

The arguments are logical. I just think the timing is quaint.
"I think that most Microsoft lawyers would say, 'You know, let's not do that; that sounds insane.'"
Too bad their lawyers didn't say that about MEII. 
Let them sue all the Linux and BSD users then!

It worked so well for the RIAA.

Their closed source spyware, I mean OS is past it's prime.

PS - As far as I know, Microsoft has been the patent infringer in every case that went to trial. It really does sound like SCO 2.0!
Many comments I see about lawyers not wanting to fight about legal points, are terribly flawed. When you consider that a lawyer's income derives from contesting law, and that so long as they are not working on contingency, it is truly in their best interest to fight / contest about anything and everything. Most lawyers - to a point - don't give a crap one way or the other about winning or losing, right or wrong, because they get paid either way.