[clug] Novell & Red Hat litigation - The start of a relentless grind? [SEC=UNCLASSIFIED]

[Paul Wayper]

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Roppola, Antti - BRS wrote:
> Just as the dust begins to settle on SCO, an IP patent troll appears the
> very next day
> just like Steve Ballmer threatened it would.

Also a couple of interesting little tidbits: the three patents are actually
one and two augmentations of the first one, and they expire in 2008.  So on
the one hand this is only really challenging one thing, and on the other
they've had, oh, fifteen years to sue Linux for using X-Windows (or whatever
technology they claim is covered by their typically imprecise patent) - and,
like trademarks, you have to sue quickly and promptly to protect your patent
in order to protect your right to the patent at all.

And if it is X-Windows, then I imagine the Novell and Red Hat lawyers will
argue that it's been around for longer than the patent has...  I continue to
watch Groklaw, but to me this seems to be somewhat doomed to failure.  If it
was meant to be a demonstration of how Linux is infringing patents, then it's
a particularly inept one.  I think there's a fairly good chance that this will
get thrown out and possibly even invalidate the patent, which will set a much
higher bar on any further attempts to both attack the Linux vendors with other
IP challenges and to devalue Linux in the public eye.

Cautiously,

Paul
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