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Linux Business Week Exclusive: Linux Kernel To Be Re-Written To Counter Microsoft FUD
Linux Leaders Plot "Operation Open Gates"

Digg This!

IBM, Intel, the Open Source Development Labs, where Linux creator Linus Torvalds works, and other industry lights are planning to rob Microsoft of the ability to scare customers off of Linux by saying that the operating system is a patent infringer, informed sources say.

On January 25 they will supposedly announce that a consortium has been created that will rewrite the components in the Linux kernel that, it has been alleged, tread on other people's IP - or at least the 27 Microsoft patents that Linux supposedly infringes.

The consortium will reportedly be underwritten by the state of Oregon and the city of Beaverton and will recruit its staff from local universities, which will also be backing the effort. The governor of Oregon and the mayor of Beaverton will reportedly be at the announcement.

The tactic is called "Operation Open Gates."

The Linux kernel supposedly infringes on 283 (unidentified) patents according to the wannabe insurance start-up Open Source Risk Management. The patents were reviewed by Free Software Foundation counsel Daniel Ravicher, a patent attorney who also runs the Public Patent Foundation.

Ravicher refused to identify the patents, in order that Linux users couldn't be charged with willful infringement.

Microsoft's patents are regarded as the most dangerous, although at least another third of the 283 patents are owned by other people with little to lose in threatening enterprise Linux users with litigation in hopes of winning a handsome settlement. The rest are owned by companies known to be friendly to Linux like IBM, HP, Intel, and Novell.

About Maureen O'Gara
Maureen O'Gara is the Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025.

Denis Robert wrote: Why hasn't O'Gara been fired yet??? I don't get it: When someone repeatedly invents "news" reports in a respectable news organization, they usually get fired, don't they? O'Gara's imagination is running wild these day, and SYS-CON's insistence on publishing her ramblings puts them in the same league as FOX"News".
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MG wrote: Michael, You are a bit wrong. The announcement was made and it was just as ODSL claimed it was. It is a new lab for open source development; including help with coding, testing and other bells and whistles. It is a "seed" lab to help developers and the open source community to develop products that are able to work within the guidelines of GPL. They will also help them develop market strategies and processes that works hand in hand with GPL and the spirit of open source while allowing them to build a viable business. You are right about everything else though. She did cry "wolf" and I personally feel she knew exactly what she was doing; thus the silence. This should be a sign to all the MOG supporters that she is not always on the up and up. I’m not going to claim she has an agenda, though that may be true. I can...
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Michael wrote: Hey, the deadline for "open gates" has passed and still no announcement, Maureen. Time for a retraction, yet? Time to admit you were had? Time to get off your butt and actually research articles instead of regurgitating press releases? No, I didn't think so. Move on, nothing to see here.
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Well wrote: Maureen reports the story but I am waiting for "more news" form the "Utah Court" today, that would be real interesting to see! I wonder how people will interpret the news which did not come out yet.
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AllEars wrote: So what will MOG today tell us about the SCO v IBM decision yesterday? The federal magistrate has handed a partial victory SCO surely? I do hope there won't be any gloating from Maureen.
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JRB wrote: First off, As long as Linux has been here, the chances of it infringing upon others IP, is very unlikely, to do this from my understanding they must find complete reproduction of thier coding. To just toss a patent up and then go back hunting through code tha is similar to it is absurd. Any judge with good sense should release the patent and place it with Linus and in doing so, really breaking this streak of BS going on now, they have been shown time and again that it was his own code. The only reason I see for them wanting to rewrite is for thier own personal chance of putting in code that "They" might be able to claim patent on as well. This OS is one of the best for one reason and one only because it is open to all. Rahter then rewite I personally would attempt to counter and claim first creation and then turn back and let them be the ones pleading for mercy.
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anal wrote: poor BG, seems to be visiting us from another planet, as do a number of other Anti-linux morons. As a supposidly intellegent race, we seem to specialize in shooting our self in the foot. Again & again & again!!
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BG wrote: My email to Maureen, Dear Maureen, As usual, you have gotten to the folks behind the scenes at OSDL and found out Linux is getting rewritten to evade patent infringement claims and to remove the stolen SCO intellectual property that's riddled all through Linux. I realize these communists are screaming as loud as they can, but you are doing a good thing pointing out that open source really does steal otehr peoples property. I salute your courage and candor in having the backbone to report the truth about Linux to the world.
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Rodd Ahrenstorff wrote: My email to Maureen: As a faithful reader and subscriber to sys-con publications, I would certainly appreciate a published explanation regarding the story linked below. Based on recent published accounts from those very parties mentioned in the story, your original work is part fabrication or at least based on false information from "informed sources". It would appear no further research went into the details of this article on your behalf. Maureen, this really undermines your readers faith in you, as an unbiased IT analyst, and further erodes the reputation of LBW and sys-con in general. Please either retract this original story or publish an explanation for the factual discrepancies. People can fogive mistakes when made, but delaying a public reply is only asking for more trouble. I'll be waiting... Thanks for your time, (signed)
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Jackie Smith wrote: Reading the Ads is much more useful than the O'Gara's smelly garbage! O'Gara is the secret weapon of the LBW's competition - let's get rid of her - once and forever... If I were O'Gara I would resign voluntarily after so much negative response from the LBW's readers.
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Michael wrote: It's simple, really. If O'Gara's subject in an article is Linux, 90%+ will be outright lies and fabrications. The woman absolutely despises Linux and open source, and feels like anything is justified in the effort to slow its progress. That she writes for the unquestionably anti-Linux yellowsheet called "Linux Business Week" is sort of poetic.
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JD wrote: April Fool! Oh, it's not April 1st. I guess the jokes is on you then.
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Fewclues wrote: Stop and realize how most of us hate Microsoft's tactics, and some actually hate Bill Gates and some just hate Windows. Well add all that together and then stand in front of a mirror and you have MOG's feeling about Linux. She is a clever author of a lot of fiction that gets some bad rumors to rumbling. I say she's had all of us!
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Michael wrote: OSDL denies that there is any truth in this story. Someone is lying. My money is on OSDL as the truthful one.
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Mark Murphy wrote: Here's a link to the truth: http ://news.zdnet.co.uk/0,390 20330,39184543,00.htm
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Xeno wrote: My god! Would someone fire this Fud-monger?!! Not only is this false, she made it up out of thin air. Who pays her check? SCO?!!
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John Doe wrote: Ppl, what kind pot R U using? Heroine ?
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MG wrote: This is a lot to do about nothing (as usual). ODSL is *THE* consortium she is reporting about and they deny this article as being true. This is not some new group that complements or displaces ODSL. What does ODSL do? They promote Linux. They work to make sure that Open Source software is developing properly and moving in the right direction and in the sprit of Open Source. They are also involved in helping to protect customers against litigation. They have big backers from Hitachi, *IBM*, *Intel*, HP, Nec and others. Sound familiar? It should because it is exact same thing this article reports except with no confirmable sources (only unspecified). I’ve looked (quickly) as far back as 2003, and ODSL has had pretty much the exact same goal as now. That is promoting and protecting the Open Source. The only ...
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oprogue wrote: I'm a touch confused, Linus just blasted the way security breeches are handled - seems to me these patent nfringements boarder along the same lines. Fix the kernal, issue a new release, give developers time to incorporate it, then and only then comment on potential patent infringements. The greatest battles are won when we didn't even know there was a war. I am grateful for the contributions being made to ensure the future development of Linux. Maybe we can see the implementation and incorporation of FAST TCP … this alone would allow Linux to fly past the M$ market share in the internet world (percent OS usage by a given populace would probably already place Linux as the dominating OS). M$ is going to have its hands full trying to keep the 7 versions of Longhorn patched, and justifying its chargin...
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Mulder wrote: > If Microsoft do own any patents which Linux breaches, why haven't Microsoft taken the matter to court? It wouldn't become MS in its quasi-monopoly position to openly attack a competitor with patent infringement lawsuits. > It's like the fox coming from the hen house, with chicken feathers all over his lips, saying, "show me the chickens." If we look at the SCO cases, it's more like the squirrel coming from the woods and the farmer saying "you're a fox and you killed my 5 billion chickens".
read & respond »
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