by Harper Mann

A Microsoft Pyrrhic victory?

analysis
May 16, 20073 mins

The deluge of media coverage surrounding Microsoft’s “threat” to sue Linux users over patent claims got me to thinking on the matter. It also led me to the blogosphere, where two posts in particular rang especially clear.

I think it is not smart to sue, particularly because adversity seems to make software better. I remember when Unisys patented GIF. PNG was created and it’s better. That’s what will happen here if this silly suit comes about.

My advice to Microsoft – instead of a law suit, choose innovation. Microsoft should aggressively write software for other operating systems and make something amazing.

Jonathan Schwartz phrased it better in his blog where he advised…

“You would be wise to listen to the customers you’re threatening to sue – they can leave you, especially if you give them motivation. Remember, they wouldn’t be motivated unless your products were somehow missing the mark.”

Untangle’s CEO Bob Walters is convinced Microsoft will not sue for the following reasons…

1) Pyrrhic Victory – Most observers would agree that suing your best customers and partners is a risky strategy, especially where alternatives and anti-trust sentiment exists.

2) Armageddon – Some of the folks likely to be named in a suit (e.g., IBM) have formidable patent portfolios of their own. Even the lowly Free Software Foundation and Linux Foundation are not without resources. Would Microsoft want to risk a temporary injunction against Window or Office?

3) Brand – Just as Microsoft is getting some good press for their novel work in securing their products and embracing the web, they again don the cloak of the ‘evil empire.’ Today’s threat is tantamount to pulling that cloak out of the closet; a law suit would rivet it firmly in place.

Bob also provides some conjecture as to what Microsoft is up to…

1) Show their shareholders (and themselves) that they are ‘doing something’ to monetize their IP portfolio and to combat the ‘OS threat.’

2) FUD Linux/OSS users into thinking twice before further deployments.

3) Open a small revenue stream and, more importantly, a market share bump in key risk-averse segments (e.g., financial services).

4) Distract everybody: Take attention off the Vista compatibility debacle (and, to a lesser extent, the Office 2007 fizzle); Increase internal morale by (re-)defining an enemy to engage; Take employee and shareholder minds off the bigger and even-tougher-to-beat enemy – Google.

…And I thought 2007 was the year Microsoft was cozying up to open source.