I’ve been keeping pace with the Linux community for several years now. I followed the SCO case as closely as possible (I even read several of the IBM/Novell dismissal requests). I’m sure that everyone has heard of Microsoft’s latest attempt to thwart the development of many open source projects.

An article was published in Forbes magazine where the legal counsel of Microsoft claimed that Linux and associated open source projects violate 235 patents owned by Microsoft. This is an extremely bold move to make for the Redmond software giant, especially considering their current success (or lack thereof) with Vista. They have been struggling against the 800-pound gorilla that is Linux for several years now. First, they ignored it, then they studied it, then they wrote it off as a more costly product. Recently, they even struck a deal with Novell that has been met with much disgust in the community. Now they’re trying to lay down a serious cloud of doubt on all things Linux.

Linux has grown from a graduate student’s project to a multi-billion dollar business. IBM, HP, Sony, NEC, the United States Government (and I’m sure other governments), Novell, RedHat, and many more large companies have decided to put much weight behind this phenomenon that is open source development. There are also thousands and thousands of average Joe’s sitting at home contributing to hundreds of Linux projects. Even I have given back to the community. Now Microsoft is trying to say that many of them have violated patents.

I’m not quite sure that Microsoft has realized that they have now stirred the hornet’s nest.

There are a few possible things that can happen from this. First, this could just be an empty threat to try and scare people away from buying Linux or related projects from large vendors (read: IBM, HP, Novell, RedHat). If they were to actually succeed at this, I’m sure these large vendors will respond harshly and draw Microsoft into the quicksand with them by taking them to court. This tactic is a risky one because if they actually succeed, they may still lose in the end.

Another thing is that Microsoft might not be making idle threats. Since they area already extorting their customers, they might feel they have enough muscle to bully RedHat or NEC. They might have enough bravery to go after IBM. The important thing is, no matter who they go after, the community will lunge for the jugular. Just like when SCO tried to claim ownership of other people’s work, the Linux community will viciously attack back and will not relent. Linux zealots of all walks of life came out of the woodwork to support Linux when SCO tried their thug-like tactics. SCO was quickly made a fool (especially when Novell discovered they never actually sold Unix), and the same is likely to happen to Microsoft.

Even if Microsoft does hold patents that could possibly be infringing, they will start an avalanche they cannot control. Depending on how IBM responds, this could end up sparking a massive patent reform. IBM’s response is key to what happens here. To those who don’t remember, IBM basically invented the modern OS. They obtained patents on most all things related to the OS decades ago. Those patents have long since expired.

In part 2 of this, I’ll review some of the absurd patent claims Microsoft might be making.