The holder of the Linux trademark suggests Microsoft should name the patents it alleges have been violated so the claims can be tested in court.
“It’s certainly a lot more likely that Microsoft violates patents than Linux does,” said Torvalds, holder of the Linux trademark. If the source code for Windows could be subjected to the same critical review that Linux has been, Microsoft would find itself in violation of patents held by other companies, said Torvalds.
Microsoft would prefer not to actually sue anyone, particularly a Linux user who’s also a Microsoft customer. “They’d have to name the patents then, and they’re probably happier with the FUD [fear, uncertainty, doubt] than with any lawsuit,” Torvalds predicted.