From vs. to + for Microsoft and Linux
In November 2016, Microsoft became a platinum member of the Linux Foundation, the primary sponsor of top-drawer Linux talent (including Linus), as well as a leading organizer of Linux conferences and source of Linux news.
Does it matter that Microsoft has a long history of fighting Linux with patent claims? Seems it should. Run a Google search for "microsoft linux patents", and you'll get almost a half-million results, most of which raise questions. Is Microsoft now ready to settle or drop claims? Is this about keeping your friends close and your enemies closer? Is it just a seat at a table it can't hurt Microsoft to sit at?
Maybe it will help to look at patents in general, rather than any of the ones you'll find in contention (or potential contention) at that last link.
The history of patents, at least in the US, is thick with ironies, such as the one we see here, starting with Thomas Jefferson's famous letter to Isaac McPherson in 1813. Here's the relevant excerpt:
Stable ownership is the gift of social law, and is given late in the progress of society. It would be curious then, if an idea, the fugitive fermentation of an individual brain, could, of natural right, be claimed in exclusive and stable property. If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property. Society may give an exclusive right to the profits arising from them, as an encouragement to men to pursue ideas which may produce utility, but this may or may not be done, according to the will and convenience of the society, without claim or complaint from anybody.
That may be the first solid case for both free software and open source.
Doc Searls is Senior Editor of Linux Journal
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