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November 27, 2006

McDonalds Seek Sandwich Patent

Further to my last blog about US patent lunacy, I see McDonalds Corporation are trying to patent the sandwich. Slapping a filling between two slices of bread might have first been dreamt up by the Earl of Sandwich around 1762, but now the junk food king is claiming it as their own with simultaneous filings in the US and Europe.

The new and novel process involves 'bread components', 'sandwich delivery tools' and stunning revelations such as 'Often the sandwich filling is the source of the name of the sandwich; for example, ham sandwich.' (Bet you always wondered where they got those clever names!) All this in a mere 55 page application.

November 20, 2006

MS Owns Linux / Intel Patents Skype

As predicted here, Microsoft now claims to own Linux. In a speech last Friday (NZ time) Microsoft CEO Steve "Fatty" Ballmer "declared his belief that the Linux operating system infringes on Microsoft’s intellectual property." [link] Thanks Novell and Suse! (I'll have more on ditching Suse and OpenSuse later in the week.)

In a separate but potentially related story, Intel have patented internet telephony. This brilliant, brand new, utterly original idea involves "A telephone system wherein all the functions of a digital telephone can be accessed and implemented on a personal computer alone." Clever, huh? Bet you wish you thought of it! The fact that Skype have been giving the software away to do this for years doesn't seem to matter to the US Patent Office.

So how does this relate to MS/Linux? Because, like the SCO case they not-so-secretly financed, Microsoft's ill-defined claims are based on an incompetent and irredeemably broken patent system and are yet another attempt at anti-Linux FUD.  So let Intel patent internet telephony, let Microsoft patent breathing and sex. I say bring it on. It can only advance the collapse of the ridiculous US patent system.

November 15, 2006

No Sale

If you're in the market for a new computer, you might consider defering that decision for a month or two. Doing so could save you a wodge of dosh, land you a better deal, or both.

We're heading for Christmas so the pressure to buy is getting stronger, but here's a few reasons to resist;

A weak US dollar means imports are cheaper. Bear in mind that Christmas goods are ordered well in advance. In wholesale circles April, May and June are the busy months for Xmas orders. And the US dollar was doing particularly well at the beginning of that period.

Kiwis are feeling wealthier. Feelings don't necessarily equate with reality of course, but try explaining that to the tens of thousands who are utterly convinced they'll soon be able to retire on the profits from their property purchases. The key point here however is that retailers have been stocking up to accomodate them. In some cases over-stocking.

New technology is on the way. Buying hi-tech gear always means drawing a line in the sand but recent developments in dual core processors and multi-processor PCs means the baseline is about to jump dramatically. Okay, you don't need all that grunt now, but applications and games currently in development will. Call it future-proofing. Or consider the words Bill Gates himself once uttered; "640K [of computer memory] ought to be enough for anybody."

And here's the clincher. In a word, Vista. It's a one-in-five-year event. When Microsoft finally release their new operating system, all the PCs in all the warehouses in all the world will devalue by hundreds. Why? Who wants a new machine with an old OS? The only way resellers can respond is to dish out free upgrade coupons or cut their losses and ditch their kit at a discount. On top of that many machines won't make it. Sure the minimum Vista specs are modest, but take it from me, you need to double, treble or preferably quadruple those requirements to get anything like reasonable performance.

So you might like to hold on to your wallets and your credit cards and wait for the post-Christmas sales. I suspect that PC buyers who do will start off having a very happy New Year.

November 8, 2006

Ditch Suse!

The only reasonable response to last week's Microsoft/Novell embrace is to abandon the Suse operating system and stop all voluntary work on Suse and OpenSuse projects. Why? Because Novell have signed their own death warrant. And the danger is they just might take Linux down with them.

The deal was announced last Thursday when Microsoft revealed plans to make Windows compatible with Suse Linux produced by Novell. The two companies are supposed to help market both Windows and Suse, according to Microsoft CEO Steve Ballmer. (Yes, this is same Steve Ballmer who, a couple of years ago, was calling Linux a cancer and communism.)

Writing on Groklaw the redoubtable Pamela Jones said;
Those of you who think the most important goal is market share will be happy. Those of you who think freedom matters will want to throw up. Excuse me while I go throw up.

As for Novell, if history means anything, it will end up Microsoft roadkill. It's so funny to me that nobody ever remembers what comes *after* the Embrace.

The main thrust of the deal is once again about infringement of unspecified patents. The SCO case – apparently Microsoft-funded to the tune of $100 million – is collapsing with Linux being clearly exonerated. So this deal is Microsoft's second Linux FUD attack. They're suggesting that if you use Linux, we'll sue you. Unless you use Suse Linux.


Bruce Perens:
Even if everyone were to be protected regarding software that Novell distributes, there's the tremendous collection of Free Software that they don't distribute. A logical next move for Microsoft could be to crack down on "unlicensed Linux", and "unlicensed Free Software", now that it can tell the courts that there is a Microsoft-licensed path. Or they can just passively let that threat stay there as a deterrent to anyone who would use Open Source without going through the Microsoft-approved Novell path. With this agreement, Microsoft also secures Novell's assistance in pushing a pro-Software-patenting agenda in Europe and elsewhere.


A point Andrew Orlowski took in up The Register
Microsoft wanted this agreement so badly it's agreed to pay an unspecified sum to Novell for the Covenant. This might strike you as odd - and you'd be right. Companies that license intellectual property do so in the expectation that they receive a royalty, rather than dish one out. But the downstream benefits to Redmond are enormous. Novell has handed it a priceless legal filip, and as it begins to collect royalties from other businesses that use Linux, it'll doubtless see it as a worthwhile down payment.


PJ again on Groklaw:
I think Microsoft doesn't care what you run if it's entertainment you are after, as long as it's DRM'd so they control access that way, and so long as there's a "Microsoft tax", so to speak, on Linux, which encourages the continued use of Office in the workplace as the de facto standard. It does intend to kill ODF, I gather, and Novell is apparently going to help them try.


Mary Jo Foley on ZDNet:
The crux of the deal revolves around patents and IP licensing. It sounds like Microsoft had been discussing the feasibility of forging some kind of agreement with other Linux vendors, too, but Novell was the first to bite.

Tim Patterson, one of the commenters on her site:
...it was clear that the patent agreement was a defacto acknowledgement by Novell that Linux violates MS patents.

So MS has found the big Linux vendor foolish enough to "legitimize" a patent claim on Linux by Microsoft. This makes it easier for MS to claim that Linux infringes their "IP" and claim that Novell recognized this "fact" and struck a deal.

Now it's only a matter of asserting claims against all distributors except Novell thereby thinning the herd and finally, deal with Novell SuSE last.


Mitch Ratcliffe:
I'm not saying Microsoft is evil, only that is makes these interoperability deals to defeat its partner, not to help them....Linux may win someday, but Novell will be found dead one morning with mysterious bite marks on its neck.


Warren Togami
I hope I'm wrong. I hope that in the next few weeks, I'm not writing about Microsoft suing Red Hat. That Linux company has had more than enough trouble recently with Oracle. Or, maybe it won't be Red Hat. Maybe Ubuntu would be the target.

Why do I fear Microsoft might try this? I fear it because Microsoft's proxy war on Linux via SCO is finally coming to its endgame. And no one, probably not even in SCO's own offices, believes that SCO will win.

So, what can Microsoft do? It can bend, ever so slowly, to the simple fact that Linux is here to stay -- but at the same time, it can free itself to attack individual Linux companies in the court room.

Cynical? Yes. But after covering Microsoft for almost two-decades, I trust Microsoft the least when it looks like they're co-operating with others the most.

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