openSUSE Packaging Day

Microsoft (NSDQ: MSFT) has long claimed that Linux violates its patents, but has refused to be specific. A recent deal between the software company and a printer maker may offer a clue.

Earlier this week, Microsoft announced a patent cross-licensing agreement with Japan's Kyocera Mita.

Under the deal, Microsoft gets to add patented Kyocera Mita technology to its Windows and Office products.

What does Kyocera get? The right to use patented Microsoft technology in its printers, copiers and "certain Linux-based embedded devices."

The question, of course, is why Kyocera Mita would need a patent from Microsoft to enhance products built on embedded Linux. Is it adding proprietary Microsoft technology on top of embedded Linux?

Could be�

Or is this a case of Kyocera Mita accepting a claim by Microsoft that embedded Linux is among the 235 open source technologies Microsoft insists it owns.

Microsoft says the deal "delivers on our promise to continue to build a bridge between open source and proprietary software and technologies."

Hard to know what that means--it's deliberately vague. As for other aspects of the deal�"The terms of the agreement are not being disclosed," says Microsoft.

But did they already tip their hand?

"The agreement encompasses a 'broad range' of patents and is designed to help further both firm's research and development efforts.

"Under the terms of the agreement, Kyocera Mita will gain access to Microsoft's patents for Kyocera Mita's current and future product lines, including multifunction products, printers, copiers and certain Linux-based embedded devices..."

We can pledge patents all we wish, we can talk to the press and "community leaders", we can do all the right things w.r.t. all our other interactions, but we will still be known as GPL violators and that's the end of it.

"For Novell to make this deal shows a profound
disregard for the relationship that they have with the
Free Software community," Samba developers wrote.
Proprietary software, unlike open source, forces users
to sign coercive licensing agreements, dividing the
world between those who have licenses and those who
don't, the developers wrote. The deal between
Microsoft and Novell, they said, will have a similar
effect.

"It deals with users and creators of free software
differently depending on their 'commercial' versus
'non-commercial' status, and deals with them
differently depending on whether they obtained their
free software directly from Novell or from someone
else," the letter stated. "The goals of the Free
Software community and the GNU GPL allow for no such
distinctions." The Linux kernel and components such as
Samba are distributed under the GNU General Public
License.

The deal also weakens the open source community's
defenses against software patent litigation, Samba
developers wrote. "Only by standing together do we
stand a chance of defending against the peril
represented by software patents. With this agreement
Novell is attempting to destroy that unified defense,
exchanging the long term interests of the entire Free
Software community for a short-term advantage for
Novell over their competitors." The letter called on
Novell to work with the Software Freedom Law Center to
undo the agreement.