News broke recently about Microsoft holding a private auction in hopes of offloading Linux-related patents to patent trolls. The executive director of the Linux Foundation, Jim Zemlin has called out Microsoft to stop its petty covert war against Linux. This seems to be the latest evidence that proves Microsoft could be playing dirty to win.

Microsoft recently held a private auction to sell a slew of patents related to Linux. The patents were originally acquired from SGI by Microsoft in the past. During the private auction the patents were sold to Allied Security Trust (AST).

According to Ars Technica, Jim Zemlin the executive director of the Linux Foundation made some scathing remarks directed at Microsoft about the private auction. Speculation has been swirling around the Web about the auction with most believing that Microsoft planned on offloading the Linux-related patents to patent trolls. The prospect of Microsoft selling Linux-related patents in a private auction excluding certain groups reeks of foul play as it would only serve to attract patent trolls intent on purchasing them to go after Linux companies.

Zemlin states that this tactic would allow Microsoft to indirectly attack Linux without dirtying its good name. Microsoft would also avoid retaliation by The Open Invention Network (OIN), a large patent-holding group intent on protecting Linux. However, Zemlin says that this devious plot failed because “Microsoft got caught.”

Apparently, OIN worked out a deal with AST to acquire the patents in question to take them out of circulation. Zemlin in his blog wrote, “By selling patents that target Linux, Microsoft could help generate fear, uncertainty, and doubt about Linux, without needing to attack the Linux community directly in their own name.”

Zemlin further states:

The reality is that Windows and Linux will both remain critical parts of the world’s computing infrastructure for years to come… those customers, who have the ear of Microsoft CEO Steve Ballmer, need to tell Microsoft that they do not want Microsoft’s patent tricks to interfere with their production infrastructure. It’s time for Microsoft to stop secretly attacking Linux while publicly claiming to want interoperability. Let’s hope that Microsoft decides going forward to actually try to win in the marketplace, rather than continuing to distract and annoy us with their tricky patent schemes.

He raises an interesting point that Microsoft is only harming its own customer base that rely on both Linux and Windows platforms. It really seems like the safety net created by the Linux industry by forming OIN is paying off as it is protecting Linux from potential patent nightmares.

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Entry was posted on Sunday, September 13th, 2009 at 1:22 am under Legal, Linux, Microsoft, Software.

Read more entries by Mike Ferro.
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