Microsoft is not backing off patent infringement allegations related to the Linux operating system. "Because of the way the GPL (General Public License) works, and because open-source Linux does not come from a company -- Linux comes from the community -- the fact that that product uses our patented intellectual property is a problem for our shareholders," has recently stated Microsoft CEO Steve Ballmer at the Professional Association for SQL Server conference.

Yesterday, the Redmond Company reiterated its position in support of its CEO in a press release, although it has done so in a neutral tone of voice, aiming to provide an additional perspective on the IP issues associated with the Microsoft and Novell agreement.

"Microsoft and Novell have agreed to disagree on whether certain open source offerings infringe Microsoft patents and whether certain Microsoft offerings infringe Novell patents. The agreement between our two companies puts in place a workable solution for customers for these issues, without requiring an agreement between our two companies on infringement".

"Both of our companies are fully committed to moving forward with all of the important work under these agreements. The agreements will advance interoperability between Windows and Linux and put in place a new intellectual property bridge between proprietary and open source software. Customers and participants throughout our industry will clearly benefit from these results".

"We at Microsoft respect Novell's point of view on the patent issue, even while we respectfully take a different view. Novell is absolutely right in stating that it did not admit or acknowledge any patent problems as part of entering into the patent collaboration agreement. At Microsoft we undertook our own analysis of our patent portfolio and concluded that it was necessary and important to create a patent covenant for customers of these products. We are gratified that such a solution is now in place."