EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

06.14.08

The Great Microsoft Innovation Lie (and Software Patent News)

Posted in Apple, Courtroom, Deception, Law, Microsoft, Patents, Red Hat at 4:02 am by Dr. Roy Schestowitz

“If I have seen further it is by standing on the shoulders of giants,” Sir Isaac Newton (1642-1727)

Microsoft Innovation

Progress in development is cumulative, but for selfish reasons, some people pretend it ain’t so. “Innovation” has always been Microsoft’s principal buzzword and also justification (excuse) for deviating from standards. One Halloween Document reveals that Microsoft saw itself needing to “innovate” above standards in order to deny entry of Free software into the market (covered previously in [1, 2]).

Microsoft has been a master of hypocrisy in several different areas. In practice, the company seems to have invented very little. It just mass-marketed existing ideas, often leading to the illusion that it was an original creator due to wide distribution. Ideas needn’t be correlated to reach and media exposure though.

“It just mass-marketed existing ideas, often leading to the illusion that it was an original creator due to wide distribution.”As an example of this, consider Microsoft Surface. The idea was far from original. A reader has just sent us a pointer to Comes Vs. Microsoft exhibit 7278 [PDF] (mirror [PDF]). It’s quite fascination what you can find in several thousands of pages. In this antitrust exhibit (exposed briefly over a year ago), you can find out where Microsoft gets its ideas from. Remember that Microsoft settled the case to hide all of this damning material, but we are fortunate to have retained copies.

The person who sent us this pointer summarised it thusly: “See Microsoft innovate Avalon by downloading the Apple SDK.”

We have grabbed off the PDF just a portion of the text (quite a few E-mails are contained therein, but OCRing is laborious because of the poor quality of the scan). This text is a message which was sent to the most senior Windows managers (all of whom recently left or retired, Will Poole being the last one just about a month ago). As Jim Allchin sighs at the following, you must realise why he said he would choose a Mac had he not worked at Microsoft.


From: Vic Gundotra
Sent: Wednesday, 3une 30, 2004 8:29 AM
To: Jim Allchin; Brian Valentine; Will Poole; Joe Peterson
Cc: Sanjay Pathasarathy; Charles Fitzgerald
Subject: RE: tiger

Steve is trying hard to retain the developers he has left.

He showed “spotlight” functionality embedded in 4 different apps, then highlighted that developers can build (and should build) the same functionality in their apps,

I have SDK – will send to Quentin

They even showed a bit of extensibility in their design.

I don’t have details, but at first blush, I think they will be there 80% on developer platform too.

° Their Avalon competitor (core video, core image) was hot – lots of transparency, ripple effects, etc
̄° I have the coot widgets (dashboard) running on my Mac right now with all the effects he showed on stage. I’ve had no crashes in 5 hours.
° Their video conferencing was amazing (you have to see a demo),
° They have no indigo/web services story
° They are betting on RSS in a high profile way – so they will get credit for this too
° They have “agent” like software – I have it working on my Mac as of last night. It’s very cool scripting software for the entire system. You should see a demo of this – Jobs does it in his keynote
° I’ve enclosed a screen shot from Lenn of using Spotlight against locally cached exchange data. (You can point the built in mail client against an exchange server. The mail is copied down locally, and then “spotlight” works against it wickedly fast)

Video of Job’s talk is here: http://stream.apple.akadns.net/

The bits we deliver in Sept 05 PDC must be compelling, even in beta form. UI must be hot. We will be directly compared against tiger.

-vicg


Another fine examples of Microsoft ‘innovation’. Again, no wonder Allchin wanted to buy a Mac and said that Microsoft “must rise to the challenge of Linux.” This is just one example among many more, but it’s not a topic that we focus on in this Web site. The take-home message is that Microsoft wants to world to believe that Microsoft offers original ideas rather than copycats. Here is a classic:

“Hey, Steve [Jobs], just because you broke into Xerox’s store before I did and took the TV doesn’t mean I can’t go in later and steal the stereo.”

Bill Gates, Microsoft

Many people still believe that Microsoft is the ‘mastermind’ and genius behind the GUI, the word processor, the spreadsheet, etc.

Let’s look at some news, shall we?

Microsoft and Software Patents

Microsoft seems to have just downed itself when it applied for nothing less than a behavioural patent applied in software.

Microsoft patent brings Miss Manners into the digital age

Cell phones may be nearly ubiquitous in today’s world, but the number of people who have adopted proper cell phone etiquette (or gadget etiquette in general) often seems to be far smaller. Microsoft has filed for a patent (patent application 2008/125,102) on technology it feels could address such situations via the use of what the company refers to as a “digital manners policy,” or DMP for short.

We last wrote about the Yahoo-Microsoft situation just a few days ago. Here is an analysis of the intellectual monopoly assets Microsoft may be after. [via Digital Majority]

While Microsoft is undeniably the leader in terms of sheer number of patents/applications spread across over 100 IPCs (international patent classification codes), it has possibly lagged when compared to Yahoo! and Google in terms of innovation. Yahoo! emerges as a significant innovative player in this regard, probably more so than even Google. Given this scenario, Microsoft’s potential acquisition of Yahoo! would definitely prop up its IP arsenal against its battle for technology supremacy against Google.

Lastly, on the same topic, there is this roundup or at least a quick status report about the Microsoft-Avistar case [1, 2, 3, 4, 5].

Patent Office now completes Microsoft’s review for patent re-examination of complete Avistar U.S. patent portfolio – Quick facts

[...]

Commenting on this, the company said it continues to expect that the remaining 10 patents will be validated, through re-examination process. The company also said that it continue to remain focused on business operations and have no further comment at this time regarding impact of these recent USPTO actions on patent discussions.

This battle has so far illustrated the drainage of energy and needlessness of such legal action. It could cost Avistar its life. Remember SCO?

How Patents Failed

With too broad a scope, the USPTO has certainly lost sight of its original objective. The sad state of the patent system has not only caused harm to many, but it even brought an entire new book, which is reviewed and thus promoted by Red Hat Magazine, which was recently forced to settle with trolls.

Patent Failure examines the current state of the American patent system based on the way it has traditionally been treated–as a type of property system. Using the yardstick of property rights and the economics they influence, Bessen and Meurer analyze the costs and benefits of patents to innovators. Their qualification: “If the estimated costs of the patent system to an innovator exceed the estimated benefits, then patents fail as property.”

As more proof of the sad state the patent system, watch the figure at the bottom of this new blog post.

How were people able to build beds with a headboard without paying royalties between 1969 and 1983?

Lastly, here is an article which speaks about patent trolls gaining sophistication. [via Linux Today]

When you’re driving down the highway and you see a spotless white tanker truck with a big green tree painted on the side, you can be pretty sure that it’s full of hazardous waste.

Likewise, companies with “innovation” in their names are generally innovation-hostile patent trolls. The problem isn’t just that they file for obvious patents, or patents on things that someone else already invented, but that they drag the enormous transaction costs of the patent system into the flexible world of software, where transaction costs are low.

[...]

By now, even the Mainstream Media is safely aware of the need to get rid of software patents. When a Cato Institute scholar is writing an anti-software-patent op-ed for the New York Times, you can’t get much more Mainstream than that.

There is a reference there at the end to immortal admissions from Chairman Gates himself. He truly forgot where he came from.

“If people had understood how patents would be granted when most of today’s ideas were invented, and had taken out patents, the industry would be at a complete standstill today.”

Bill Gates

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. The EPO's Use of Phrases Like “High-Quality Patent Services” Means They Know High-Quality European Patents Are 'Bygones'

    The EPO does a really poor job hiding the fact that its last remaining objective is to grant as many European Patents as possible (and as fast as possible), conveniently conflating quality with pace



  2. A Reader's Suggestion: Directions for Techrights

    Guest post by figosdev



  3. Links 20/4/2019: Weblate 3.6 and Pop!_OS 19.04

    Links for the day



  4. The Likes of Chartered Institute of Patent Attorneys (CIPA), Team Campinos and Team UPC Don't Represent Europe But Hurt Europe

    The abject disinterest in patent quality and patent validity (as judged by courts) threatens Europe but not to the detriment of those who are in the 'business' of suing and printing lots of worthless patents



  5. The Linux Foundation Needs to Change Course Before GNU/Linux (as a Free Operating System) is Dead

    The issues associated with the Linux Foundation are not entirely new; but Linux now incorporates so many restrictions and contains so many binary blobs that one begins to wonder what "Linux" even means



  6. Largest Patent Offices Try to Leave Courts in a State of Disarray to Enable the Granting of Fake Patents in the US and Europe

    Like a monarchy that effectively runs all branches of government the management of the EPO is trying to work around the judiciary; the same is increasingly happening (or at least attempted) in the United States



  7. Links 19/4/2019: PyPy 7.1.1, LabPlot 2.6, Kipi Plugins 5.9.1 Released

    Links for the day



  8. Links 18/4/2019: Ubuntu and Derivatives Have Releases, digiKam 6.1.0, OpenSSH 8.0 and LibreOffice 6.2.3

    Links for the day



  9. Freedom is Not a Business and Those Who Make 'Business' by Giving it Away Deserve Naming

    Free software is being parceled and sold to private monopolisers; those who facilitate the process enrich themselves and pose a growing threat to freedom in general — a subject we intend to tackle in the near future



  10. Concluding the Linux Foundation (LF) “Putting the CON in Conference!” (Part 3)

    Conferences constructed or put together based on payments rather than merit pose a risk to the freedom of free software; we conclude our series about events set up by the largest of culprits, which profits from this erosion of freedom



  11. “Mention the War” (of Microsoft Against GNU/Linux)

    The GNU/Linux desktop (or laptops) seems to be languishing or deteriorating, making way for proprietary takeover in the form of Vista 10 and Chrome OS and “web apps” (surveillance); nobody seems too bothered — certainly not the Linux Foundation — by the fact that GNU/Linux itself is being relegated or demoted to a mere “app” on these surveillance platforms (WSL, Croûton and so on)



  12. The European Patent Office Does Not Care About the Law, Today's Management Constantly Attempts to Bypass the Law

    Many EPs (European Patents) are actually "IPs" (invalid patents); the EPO doesn't seem to care and it is again paying for corrupt scholars to toe the party line



  13. The US Supreme Court (SCOTUS) Once Again Pours Cold Water on Patent Maximalists

    Any hopes of a rebound or turnaround have just been shattered because a bizarre attack on the appeal process (misusing tribal immunity) fell on deaf ears and software patents definitely don't interest the highest court, which already deemed them invalid half a decade ago



  14. Links 17/4/2019: Qt 5.12.3 Released, Ola Bini Arrested (Political Stunts)

    Links for the day



  15. Links 16/4/2019: CentOS Turns 15, Qt Creator 4.9.0 Released

    Links for the day



  16. GNU/Linux is Being Eaten Alive by Large Corporations With Their Agenda

    A sort of corporate takeover, or moneyed interests at the expense of our freedom, can be seen as a 'soft coup' whose eventual outcome would involve all or most servers in 'the cloud' (surveillance with patent tax as part of the rental fees) and almost no laptops/desktops which aren't remotely controlled (and limit what's run on them, using something like UEFI 'secure boot')



  17. Reader's Claim That Rules Similar to the Code of Conduct (CoC) Were 'Imposed' on LibrePlanet and the FSF

    Restrictions on speech are said to have been spread and reached some of the most liberal circles, according to a credible veteran who opposes illiberal censorship



  18. Corporate Media Will Never Cover the EPO's Violations of the Law With Respect to Patent Scope

    The greed-driven gold rush for patents has resulted in a large pool of European Patents that have no legitimacy and are nowadays associated with low legal certainty; the media isn't interested in covering such a monumental disaster that poses a threat to the whole of Europe



  19. A Linux Foundation Run by People Who Reject Linux is Like a Children's Charity Whose Management Dislikes Children

    We remain concerned about the lack of commitment that the Linux Foundation has for Linux; much of the Linux Foundation's Board, for example, comes from hostile companies



  20. Links 15/4/2019: Linux 5.1 RC5 and SolydXK Reviewed

    Links for the day



  21. Links 14/4/2019: Blender 2.80 Release Plan and Ducktype 1.0

    Links for the day



  22. 'Poor' (Multi-Millionaire) Novell CEO, Who Colluded With Steve Ballmer Against GNU/Linux, is Trying to Censor Techrights

    Novell’s last CEO, a former IBMer who just like IBM decided to leverage software patents against the competition (threatening loads of companies using "platoons of patent lawyers"), has decided that siccing lawyers at us would be a good idea



  23. Guest Post: The Linux Foundation (LF) is “Putting the CON in Conference!” (Part 2)

    Calls for papers (CfP) and who gets to assess what's presented or what's not presented is a lesser-explored aspect, especially in this age when large corporate sponsors get to indirectly run entire 'community' events



  24. Patent Maximalists Are Enabling Injustices and Frauds

    It's time to come to grips with the simple fact that extreme patent lenience causes society to suffer and is mostly beneficial to bad actors; for the patent profession to maintain a level of credibility and legitimacy it must reject the deplorable, condemnable zealots



  25. Further Decreasing Focus on Software Patents in the United States as They Barely Exist in Valid Form Anymore

    No headway made after almost 4 months of Iancu-led stunts; software patents remain largely dead and buried, so we’re moving on to other topics



  26. Links 13/4/2019: Wine 4.6 and Emacs 26.2 Released

    Links for the day



  27. Links 12/4/2019: Mesa 19.0.2, Rust 1.34.0 and Flatpak 1.3.2 Released

    Links for the day



  28. Caricature: EPO Standing Tall

    A reader's response to the EPO's tall claims and fluff from yesterday



  29. The EPO is Slipping Out of Control Again and It's Another Battistelli-Like Mess With Disregard for the Rule of Law and Patent Scope

    The banker in chief is just 'printing' or 'minting' lots and lots of patents, even clearly bogus ones that lack substance to back their perceived value



  30. Global Finance Magazine Spreads Lies About the Unitary Patent and German Constitutional Court

    Alluding to the concept of a "unified European patent," some site connected to Class Editori S.p.A. and based in Manhattan/New York City tells obvious lies about the Unified Patent Court (UPC), possibly in an effort to sway outcomes and twist people's expectations


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts