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Author of Linux Patent Study Says Ballmer Got It Wrong
When Microsoft CEO Steve Ballmer said he wasn't really saying that Linux violates more than 200 software patents, Microsoft followed up by saying Ballmer was only citing findings from a controversial study done this summer by OSRM (Open Source Risk Management), a risk-mitigation consultancy.
The study claimed that Linux has been found to potentially violate 283 software patents. The author of that report, however, doesn't see things the way Ballmer does at all.
"Microsoft is up to its usual FUD [fear, uncertainty and doubt]," said Dan Ravicher, author of the study Microsoft cites, who is an attorney and executive director of PUBPAT (the Public Patent Foundation).
"Open source faces no more, if not less, legal risk than proprietary software. The market needs to understand that the study Microsoft is citing actually proves the opposite of what they claim it does."
"There is no reason to believe that GNU/Linux has any greater risk of infringing patents than Windows, Unix-based or any other functionally similar operating system. Why? Because patents are infringed by specific structures that accomplish specific functionality," Ravicher said.
"Patents don't care how the infringing article is distributed, be it under an open-source license, a proprietary license or not at all. Therefore, if a patent infringes on Linux, it probably also infringes on Unix, Windows, etc.," he said.
It makes no difference whether and how software is distributed, Ravicher said. "The bottom line is there's no reason to believe that Windows, Solaris, AIX or any other functionally similar operating system has any less risk of infringing patents than Linux does."
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