Bonum Certa Men Certa

Microsoft Beats AT&T. Are Software Patents Void Now? (Updatedx2)

The following new ruling will certainly lead to plenty of debates. On the face of it, Microsoft has defeated software patents in court. It makes some strong precedence.

In a stunning 7-1 decision with extremely broad implications in the field of patents and patentability, the US Supreme Court has overturned a Federal Circuit ruling that was in favor of AT&T, and has apparently affirmed Microsoft's arguments that software coupled with the device on which the software is installed cannot be considered patentable.


You can look back at other patent complaints from Microsoft. I cannot find a particular quote that I have in mind. It is statement from the AT&T trial which I quoted several times in the past. It showed Microsoft acknowledging that software should not be patentable. It addressed a question asked by the judge. Maybe their lawyers accidentally let it slip. Palm have been on the same boat recently.

Following yesterday's surprising announcement that patent firm NTP is taking portable computing pioneer Palm to court over alleged IP infringement, the PDA and smartphone manufacturer has fired back with a statement detailing its position on the matter


Looking ahead, there are more problems to overcome. As it turns out, Microsoft will embed .NET its Web technology, essentially bringing it (or forcefeeding it) to other platforms.

Microsoft is integrating the .Net framework into its new Silverlight browser technology for running multimedia applications on the Web, the company revealed Monday.


As we have stressed several times before, .NET is a patents-encumbered technology. Reasons to avoid Silverlight, however, go far beyond that.

  • No IDE for me - The development path is currently platform specific to Windows. Not even an open compiler or server side compiler for Linux is available. Use Expression Blend on my Mac? Not happening.


  • No plug in for Linux - Even Adobe has managed to deliver it's modern plugin to Linux users. I only use Linux as a server platform, but with Ubuntu, etc making inroads on the desktop,it's nice to have it as an option.
[...]


Say No to Mono



Update: I have found the document [PDF] which I had in mind.

MR. OLSON [for Microsoft]: The '580 patent is a program, as I understand it, that's married to a computer, has to be married to a computer in order to be patented.

JUSTICE SCALIA: You can't patent, you know, on-off, on-off code in the abstract, can you?

MR. OLSON: That's correct, Justice Scalia.


Update #2: Here are a couple links to support our assertion that software patents have lost much of their power in the United States.

Analysis: Less patent shield for code

Clearing the way for wider worldwide distribution of computer software code, and saving Microsoft Corp. millions of dollars in patent damages, the Supreme Court ruled on Monday that it is not illegal to send Windows code abroad for copying and installing in foreign-made computers, even if the code incorporates a part of someone else's patented invention.


Supreme Court to Patent Appeals Court: Drop Dead

Then the justices cupped their hands astride their mouths and shouted in unison: Fewer patents!

Recent Techrights' Posts

Drug Addiction is a Real Problem, It Destroys Families
a rather sensitive matter
 
"Linux" Sites That Spew Out LLM Slop
We're lacking enough material for another "Slopwatch"
Abuse Inside the Polish Patent Office (UPRP) - Part V: Breaking the Law, Just Like EPO
We'll hopefully cover some of the pertinent details later this year
Links 08/06/2025: Security Lapses, CISA Cuts, and More
Links for the day
Gemini Links 07/06/2025: Mime Types and Geminisphere Introduction
Links for the day
Links 07/06/2025: Slop Companies Retain All Private Data, More Books Banned in the US
Links for the day
Gemini Links 07/06/2025: "A Monk's Guide to Happiness" and "Wireless Earbuds"
Links for the day
Links 07/06/2025: More Rumours of Mass Layoffs in Microsoft's XBox Division, New COVID Variant
Links for the day
Abuse Inside the Polish Patent Office (UPRP) - Part IV: Political Scrutiny and Errors/Inconsistencies in Official Documents
When such organisations receive scrutiny they start focusing on cover-up and muzzling of facts (or crushing people who say the truth)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 06, 2025
IRC logs for Friday, June 06, 2025
Slopwatch: LinuxTechLab, Planet Ubuntu, Anti-Linux FUD, and Microsoft SPAM
It's not easy to altogether avoid take articles these days
Gemini Links 06/06/2025: "MBA Tear" and Slop ('AI') as Plagiarism
Links for the day
Links 06/06/2025: "Convicted Felon and MElon Trade Insults" and Europe Snubbed by US Again
Links for the day
Links 06/06/2025: Microsoft XBox Bracing For More Mass Layoffs, Climate Disaster, Fake 'Money' Tokens From US President
Links for the day
Gemini Links 06/06/2025: Vanishing Cultures and MElon Implosion
Links for the day
Extortion is a Crime, Even If You're Based in Another Continent and Work for Microsoft
reported to British authorities
We're in 6/6 Now, Almost Halfway in 2025
2025 was probably the best year for us
South Americans Are Saying Goodbye to Microsoft
We're hardly even "Cherry-Picking" or conveniently singling out one South American nation
Abuse Inside the Polish Patent Office (UPRP) - Part III: Data Protection Failures, Just Like at the European Patent Office (EPO)
Just less than a decade ago we showed that the EPO had illegally shared staff data with third parties
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 05, 2025
IRC logs for Thursday, June 05, 2025