May 15, 2008 4:00 AM PDT

Who hasn't Microsoft signed a patent deal with?

With Microsoft's announcement of yet another patent cross-licensing deal this week, it would seem nearly everyone has a deal with Redmond.

The company has inked a lot of deals since it began its patent deal push a few years back, signing folks from Sun Microsystems to Novell to Samsung. So it's getting a lot less interesting to write up each one of these things. As the latest one crossed my desk earlier this week, I had an idea. Rather than write up a story on how another name got added to the list (Pentax), I'd focus on something far more interesting--who's not on the list.

The most vocal about not being on that list, hands down, is Red Hat. The Linux seller has been adamant in resisting Microsoft's idea of a "patent bridge" in which commercial open-source companies pay Redmond money and, in return, Microsoft offers to indemnify them--and their users--from intellectual property claims.

"The reality is that the community development approach of free and open-source code represents a healthy development paradigm, which, when viewed from the perspective of pending lawsuits related to intellectual property, is at least as safe as proprietary software," the company said in a 2007 statement. "We are also aware of no patent lawsuit against Linux. Ever. Anywhere."

Red Hat is not alone among Linux companies in saying no to Microsoft, despite its claim that open-source software infringes hundreds of Microsoft patents. Mandriva, among others, also spoke out against the need for such a pact.

But it's not just Linux companies that have not signed an accord with Redmond. Two other names worth noting from General Counsel Brad Smith's not-yet-friends list are search king Google and database giant Oracle.

In both cases, Microsoft competes pretty head-on with those companies' products, so it's not surprising that they would be among the companies with whom Microsoft either hasn't sought, or hasn't struck, a deal.

Microsoft declined to comment on why any particular companies might not be on the list. Representatives from Oracle and Google also declined to comment.

Anyone have any names that I missed? And who will be next to sign? Sound off with your guesses below.

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Add a Comment (Log in or register) 13 comments (Page 1 of 2)
by dascha1 May 15, 2008 4:32 AM PDT
Who hasn't (brand here) licensed a USPTO-protected trademark with? Broker by the media..
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by JCPayne May 15, 2008 6:07 AM PDT
Well, it takes a lot of people to keep that MicroShaft ship from sinking.
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by JCPayne May 15, 2008 6:10 AM PDT
I rememeber when Microsoft's friends at the SCO lost their lawsuit oh boy..... Those attorneys probably marched up and down that courtroom in a rage.....
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by dascha1 May 15, 2008 6:14 AM PDT
Don't you mean Micro Soft the new 10oz bottled soda company ?
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by JunkSiu May 15, 2008 6:38 AM PDT
"We are also aware of no patent lawsuit against Linux. Ever. Anywhere." ... That guy saying this really has a memory problem. The SCO lawsuit.
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by ulric2 May 15, 2008 7:54 AM PDT
The Sco lawsuit had nothing to do with patent, that's why.
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by Schratboy May 15, 2008 8:45 AM PDT
Microsoft+patent protection=crappy software that nobody else can copy.
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by bicparker May 15, 2008 9:14 AM PDT
There are some other very obvious 800 lb. animals missing - IBM, HP, Dell, Yahoo.... IBM and HP, especially, are huge patent machines.

Of course, your list does not describe what exactly is being cross licensed. This is not necessarily just Windows OS/Linux stuff. Cross licensing is not unusual for any company with a substantial amount of IP. Particularly when there is some potential contention to the providence of the IP.

While it is somewhat interesting who is not being cross licensed, what is more interesting is why Microsoft has been aggressively pursuing this. The common thought is so they can claim a greater coverage of their IP. However, it may also be to prevent themselves from being sued for patent violations by some of these cross licensees.

I don't think Microsoft really wants to sue anyone for violating Windows patents because it may entail them having to disclose more of their codebase (such suits can be double edge swords). By the same token, if they get sued, they will either have to pay off the suit or risk similar disclosure as above. Such disclosures of their codebase (beyond what has already been disclosed through anti-trust actions in the USA and EU) could be embarrassing, expensive, and could undermine the security, integrity, and confidence of their user base.
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by aintnorainbowdorothy May 15, 2008 11:19 AM PDT
Since Microsoft tried to buy Yahoo then walked away, and with the Carl Icahn garbage, why worry about them. As for Google, well they do well in search, No.1, and the other stuff they have isn't worth having in the enterprise. Now, IBM and HP are their No's. 1 and 2 competitors and the people they really have to worry about. Ballmer needs to understand that. Red Hat may have free software but they charge out the nose for support. That's probably why they bluster and don't sign off.
I think Ballmer had his head up his butt with the Yahoo thing. Gates has to rein him in on things of that nature. A bulldog he is, and a bully to boot at times, but he just ain't no Bill Gates. Ray Ozzie is another thing. He should probably be CEO and Ballmer booted for his idiocy with Yahoo.
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by sumthin May 15, 2008 11:53 AM PDT
If we're gonna name the short list of big companies that have found VALUE in signing these deals, lets get a more complete list.

Add these to your list:

- Kyocera
- Alpine
- Olympus
- Autodesk
- Cadence
- Epson
- JVC
- Citrix Systems
- Kenwood
- Linspire
- Alacritech
- Broadcom
- Onkyo
- Xandros
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  • About Beyond Binary

  • During her seven years at CNET News.com, Ina Fried has changed beats several times, changed genders once and covered both of the Pirates of Silicon Valley. These days most of her attention is focused on Microsoft.


    Beyond Binary is a look at how technology is changing our lives and the people behind all that life-changing stuff, with an extra emphasis on that which emanates from Redmond, Wash.

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