Microsoft and open source patents

How much will Microsoft want vendors/users to pay?

Unknown -- it is likely Microsoft would target a few key vendors and distributors whose software has trickled down into many other open source packages. Red Hat and Ubuntu Linux are two very popular Linux distributions that could come under the microscope.

Why is Microsoft doing this now?

Linux/open source is getting its tentacles deep into many companies and Microsoft wants to control this as much as it can in order to maximize its own profits. Also, the open source desktop operating system and applications are starting to chip at Microsoft's revenue foundation -- Office and Windows. "Microsoft is being pushed on a lot of sides and they are showing that they are going to respond," says Laura DiDio, an analyst with the Yankee Group who has been following software indemnity issues for years. "This is very interesting. Another question is will you see other companies like Apple, which is based on Unix, will they say Linux and open source infringes on our side."

Is this a new tactic from Microsoft?

No. Microsoft has been threatening to use this weapon for some time, but this is the most concrete step it has taken. The company started building up to this crescendo for many years by protecting its own users over patent and other infringement cases. In 2003, it signed a licensing deal with the SCO Group to insulate Microsoft customers from copyright infringement issues. In a move similar to what Microsoft could now do after having alleged patent infringement, SCO sued IBM and sent letters to 1,500 Linux users warning them of potential copyright infringement and other legal issues. Also in 2003, Microsoft moved to clear up indemnity issues with its users by lifting a cap on what it would pay to protect volume licensing customers from infringement suits over Microsoft products. In 2004, the program was expanded again to include almost all customers. At the time, critics said it was mostly a marketing move, but in the light of this week's infringement allegations it may have been setting a defense before going on offense.

What can Microsoft do if vendors do not voluntarily comply?

Microsoft could take them to court, but smaller open source and Linux vendors without the financial means to fight would likely cave in long before that happens.

Does this mean the end of some open source products?

That is to be determined, but if Microsoft pushes the issue it could throw open source software into chaos. The company for years has been labeled by critics as the master of fear, uncertainty and doubt (FUD). The FUD aspect alone could cause enough ripples with the buying public that Microsoft would never have to put any teeth behind the threat of legal action.

How unpopular is this going to be?

If you like reading blogs and discussion threads then crank up your browser because the acid tongues are already wagging. Microsoft is well within its legal rights to protect what it has invested billions to create, but that doesn't mean the process won't have a pungent odor.