Microsoft's Ballmer Reportedly Threatens Red Hat(Groklaw)

A week or so ago when the Wheeler Dealers spoke from Microsoft they mentioned their “IP policy”. You can read that article here. But, anytime you hear anyone mention their IP policy but refuse to disclose what it is, that is because it is based upon fraud. For one, there is not such thing as IP. There are copyrights, trade secrets, trademarks, service marks and patents. But, they all require a different policy. And only one deals with secrecy. And that is trade secrets. Patents do not deal with secrecy. Unless you are out to commit fraud.

If you have a legitimate patent like Eolas, you fear not telling the world what your patent numbers are, right. And patents are just like credit cards. Without the magic plastic numbers, you do not have one. Patent numbers are never secret. Unless you intend to defraud someone.

In the end, Red Hat or Canonical may have to sue Microsoft for a patent declaratory judgment. But, frankly I doubt it will come to that. To date it is very clear that Microsoft has so little faith in their own patents that they feel it is better not to mention the numbers. Heaven forbid that the world finds out they hold nothing of value. And with Groklaw around anything they try to use will be exposed for what it is.

It is clear that Microsoft just hates the idea of software being freely distributable without a per seat license fee coming back to them. And they also hate the idea of letting open source developers know which patents they think they have that might have been violated.

WHY?

It is simple. Developers will work around those patents just like Microsoft claims to have done with the Eolas patent. And then, poof, they have nothing left.

So the IP strategy is based upon deceit and fraud. FUD is the kind word for it. But, FUD is not illegal. Fraud is.

If they got your money, they defrauded you.