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linux kernel found to infringe patent

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Well, this is rather disconcerting. By way of Engadget, I came across this blog entry on FOSS Patents about how a small outfit in Texas, Bedrock Computer Technologies LLC (apparently a non-practicing entity, otherwise typically described as a “patent troll”), has won a $5 million claim for patent infringement against Google.

But the part that is perhaps a bit more worrisome than either the amount or the defendant is the fact that the infringing technology in question is a portion of the Linux kernel. From the entry:

Like I said further above, the question of Google possibly having to pay $5 million (unless the judge decides otherwise or an appeal succeeds) is not really the issue. In addition to money, Bedrock also asked for an injunction, and now that Google has been found to infringe a patent deemed valid by the jury, it remains to be seen whether an injunction will be granted either by this court or on a possible appeal.

The problem is that Bedrock is now in a pretty strong position to collect royalties from other Linux users, especially those utilizing Linux for large server operations.

It’s a bit difficult to tell, based on the claims asserted in the patent, whether or not Google would be able to excise the offending part of the kernel or find some other way to avoid infringing use. I’m sure they can, but if they can’t,  an injunction might have some implications for Google’s server farms and therefore its operations.

In addition, there’s also the possibility that this will impact Android:

Concerning Android, I wouldn’t rule out that maybe some of the hundreds of thousands of Android applications out there use the teachings of the infringed patent claims in one way or another. Even if that is not the case, Google might have to modify the Linux kernel it distributes with Android in order to remove the infringing code because otherwise there’s always the risk of contributory infringement should any app make use of that portion of the Linux kernel.

Needless to say, there could be quite a few companies impacted by this, though I imagine folks in the open source community are starting to look at workarounds, hopefully. It’s difficult to tell from the claim in the patent how fundamental it is or how difficulty or easy it would be to work around.

Perhaps its just me, but sometimes get rather irritated when reading software patent claims. Often, they seem to describe things that already well known or rather mundane. Take for example the claims in this case:

1. An information storage and retrieval system, the system comprising:

  • a linked list to store and provide access to records stored in a memory of the system, at least some of the records automatically expiring,
  • a record search means utilizing a search key to access the linked list,
  • the record search means including a means for identifying and removing at least some of the expired ones of the records from the linked list when the linked list is accessed, and
  • means, utilizing the record search means, for accessing the linked list and, at the same time, removing at least some of the expired ones of the records in the linked list.

2. The information storage and retrieval system according to claim 1 further including means for dynamically determining maximum number for the record search means to remove in the accessed linked list of records.

I’m not trained as a patent agent, so cannot speak with much authority on this, but these claims, to me, seem rather mundane.

chrome a windows killer? i doubt it

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Read an article in eWeek that left me scratching my head a bit. The nub below:

Google may be treading lightly with Chrome now, but the browser, combined with Google’s search and Apps, could end up being a big threat to Microsoft Windows’ market share.

Then later:

When Google accidentally leaked its Chrome comic book Sept. 1, reporters and analysts, including yours truly and my colleague Joe Wilcox, argued that Google could make Chrome the premier Web operating system by combining it with its market-leading search engine and increasingly popular SAAS (software as a service) applications. This would eventually constitute a threat to Windows.

And that would spell doom for Microsoft. It’s one thing to squeeze Microsoft out of the Internet game by dominating search and Web services. It’s another entirely to come after the software giant’s core operating system business, wielding the Web as your platform.

Must admit I have a lot of trouble seeing that, as I would have thought in order to supplant Windows, it would need to be gone, and to go from a browser that sits on an o/s to replacing the o/s seems to be a rather large leap. A huge leap, actually.

What they’re suggesting might happen is already a possibility today. There is definitely something that can supplant Windows altogether, and provide access to all the web-oriented apps, etc. that Google offers. Its cheap (sometimes free), stable and has pretty good UIs – in fact, a selection of UIs and different flavours. Its called Linux. However, for a variety reasons, it hasn’t kicked Microsoft’s ass yet (at least on the desktop – there are a few areas where it definitely does, such as web and other server functions).

To suggest, then, that, because Google has come out with a browser, that that will lead to the supplanting of Windows seems, IMHO, to be a bit far-fetched. I’m not suggesting that Google wouldn’t have the wherewithal to try to go after the desktop. They may do so. Though I’m not sure if they’d want to – they have a pretty good business model already…

Anyway, if and when they do something like that it will be so much larger an undertaking than Chrome that the links between that and Chrome would be tenuous at best, other than possibly bundling Chrome within whatever o/s they create.

Even possibly on the application front, I can see Google putting some pressure on MS, and how this might tie with Chrome. But not the o/s on which the whole thing runs.

So I think for the time being, Bill and Steve probably don’t have much to worry about with Chrome’s introduction, at least when it comes to the o/s business (IE on the other hand, is another matter altogether…).

Microsoft v. Apple, Round ??

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Another recent story/editoril in The Inquirer egging on Apple to divorce the way cool OSX and license it separately from the somewhat maybe less cool hardware (at least in the eyes of the Inq). And who else to better promote OSX than Dell. Anyway, a snippet:

Apple could position the move as “Dell is so cool, we had to do a deal with them.” Underlying that is “Let’s face facts, with the exception of a pretty case, and a couple of hardware features, we’re an Intel box all the same.” (I know I’m going to get foaming rabid Mac owners that say the bits under the hood of their machines are especially selected by Zen Master Craftsmen and assembled by virgins in a far off land with blessed incense burning on a 24×7 basis, but it just ain’t so).

What has Apple got to lose? Zero.

I certainly would be interested in seeing Apple do this. On the other hand, I don’t know if it would come at “zero” cost. As their user base increases, so do the variations of hardware that people will want to use, and the drivers, and the third party software and, before you know it, you’re starting to make compromises here and there to let everything work. Then as more users come on board it starts becoming more of a target for hackers, who then start working feverishly to craft attacks, trojans and viruses, then leading your users to suggest that your platform is inherently security-deficient, requiring further investment in updates, patches, etc. Then of course you get on MS’ radar, who also produces a rather important office productivity app for OSX and may not take too kindly to Apple trying once again to eat its lunch.

I don’t know. I just don’t see it happening. OSX is nice and all, but to my simple mind, there is, and has been, a viable alternative to Microsoft operating systems for quite some time – replete with easy installation, cool features, nice interfaces, good security, and even relatively broad hardware compability – its called Linux and its free. And unlike the old Slackware days, Ubuntu (along with several other variations), is pretty easy to install and configure. But even with all this, where’s Linux on the desktop? Yes, its certainly being used, but has it made more than a few percentage points dent on MS market share? No. Why? Inertia. Windows has the biggest installed base, therefore the biggest possible customer base, so developer develop for Windows and put less effort into others (with of course some exceptions). Therefore more apps for Windows. And users don’t pick an OS because they like it – they pick it because of the apps they can run on it. So they continue to buy Windows. Not because its that much better than Linux, or OSX, but because they have MS Office, Adobe Acrobat, Photoshop, Premiere, SAS, Mathematica, Cubase, AutoCAD, etc. etc. etc. all at their disposal. Sure, there are some nice apps for Linux and of course OSX – but certainly nowhere near the depth or breadth of Windows apps.

Given this, why the heck would Apple bother trying where Linux (which has a nicer price point) hasn’t (yet) succeeded? I guess we’ll see. It would be neat to see how far they get. But I ain’t holding my breath.