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

07.31.08

Microsoft Starts Suing Companies Over Patents

Posted in Courtroom, Free/Libre Software, GNU/Linux, Hardware, Microsoft, Patents at 3:23 am by Dr. Roy Schestowitz

Defensive schmifensive

Microsoft has found itself under more financial stress than ever before in recent years [1, 2]. Licensing company appears to be its vocation, just as some experts already predict. The following news is supporting evidence of this.

Microsoft said it has filed a complaint with the International Trade Commission after failing to be able to negotiate a licensing deal with Primax Electronics. In the complaint, Microsoft is seeking an order barring Primax from importing infringing products into the United States.

This is significant. It’s quite a new thing for Microsoft to attack smaller companies using its questionable intellectual monopolies. Mr. Bishop has some more details.

Microsoft also is expected to file suit in U.S. District Court, seeking damages.

The next time Microsoft sheds crocodile tears, claiming it is the biggest victim of patents, bring up this development. Microsoft is among the attackers and it’s clearly a part of this problem. It’s aggressive enough to go as far as an embargo. This is a monopolistic embargo and by no means the same as a reactionary embargo to crime and abuse.

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

4 Comments

  1. Saul Goode said,

    July 31, 2008 at 4:30 pm

    Gravatar

    To be fair (?), the cited infringement lawsuit is over a hardware patent. Microsoft has sued over hardware patents in the past. To my knowledge, they have never actually sued over a software patent (though they are notorious for wielding them as a threat).

    I don’t think this development constitutes evidence of a change in MS policy. They remain reluctant to do anything (such as actually bringing suit) which might bring into question the viability of software patents. They might even prefer losing software patent infringement cases rather than lose having patents to threaten customers and to restrict competition from smaller upstart rivals — what’s a few hundred million in penalties if it lets you retain a stranglehold on an entire industry.

  2. Roy Schestowitz said,

    July 31, 2008 at 4:44 pm

    Gravatar

    They don’t need to sue to get their RoI in software patents. They not only cross-license these, but they also get a money-flow going in one direction thanks to them.

    Remember that some patent trolls can make a lot of money without ever going to court. How about Intellectual Ventures, which you can almost synonimise with a Microsoft spin-off? It pretends to be benevolent because it pressures (extorts), not sues.

    Bark vs bite. Both are harmful.

  3. twitter said,

    December 18, 2008 at 9:30 am

    Gravatar

    It is now fair to say that M$ itself saw this as something different from it’s previous barking dog self. They won and did a little damage control dance:

    “We’re not a company that’s prone to offensive patent litigation,” said Horacio Gutierrez, Microsoft vice president and deputy general counsel for intellectual property and licensing. “In fact we’ve done it only in very exceptional cases, I would say to a much lesser degree than most other companies in the technology industry.”

    The only question now is whether this is the bite that proves the bark, or another sign of the M$ death spiral. Given the other evidence, I’d say death spiral. The confident monopolist of 10 years ago would never have bothered.

  4. Roy Schestowitz said,

    December 18, 2008 at 9:34 am

    Gravatar

    Even when Microsoft attacks it’s the victim. This reminds me of the Bush administration.

What Else is New


  1. Links 25/10/2014: KDE Mockups, Update on GNOME Outreach Program for Women

    Links for the day



  2. After Infecting Unity -- Successfully -- Microsoft's Partner Xamarin Wants to Infect Unreal Engine With .NET

    Xamarin continues to spread dependence on Microsoft to more gaming frameworks, not just platforms such as GNU/Linux, Android, and even permanent-state devices



  3. Taking Microsoft Windows Off the Grid for Damage to Businesses, the Internet, and Banking Systems

    Microsoft's insecure-by-design software is causing massive damages ([cref 27802 possibly trillions] of [cref 13992 dollars in damages to date]) and yet the corporate press does not ask the right questions, let alone suggest a ban on Microsoft software



  4. City of Berlin Does Not Abandon Free Software, It's Only Tax Authorities

    A Softpedia report that says the City of Berlin is moving to Microsoft Office is flawed and may be based on a poor translation



  5. Nadella a Liar in Chief at Microsoft, Pretending That His Anti-Competitive Practices Are Unfortunately Imposed on Microsoft

    The nastiness of Microsoft knows no bounds as even its assault on GNU/Linux and dirty tricks against Free software adoption are characterised as the fault of 'pirates'



  6. Reuters Writes About the Demise of Software Patents, But Focuses on 'Trolls' and Quotes Lawyers

    How the corporate media chooses to cover the invalidity of many software patents and the effect of that



  7. Links 24/10/2014: Microsoft Tax Axed in Italy, Google's Linux (ChromeOS/Android) Leader Promoted

    Links for the day



  8. Links 24/10/2014: GNU/Linux History, Fedora Delay

    Links for the day



  9. Links 23/10/2014: New *buntu, Benchmarks

    Links for the day



  10. Links 22/10/2014: Chromebooks Surge, NSA Android Endorsement

    Links for the day



  11. Links 21/10/2014: Debian Fork Debate, New GNU IceCat

    Links for the day



  12. Criminal Microsoft is Censoring the Web and Breaks Laws to Do So; the Web Should Censor (Remove) Microsoft

    Microsoft is still breaking the Internet using completely bogus takedown requests (an abuse of DMCA) and why Microsoft Windows, which contains weaponised back doors (shared with the NSA), should be banned from the Internet, not just from the Web



  13. Microsoft 'Loving' GNU/Linux and Other Corporate Media Fiction

    Microsoft has bullied or cleverly bribed enough technology-centric media sites to have them characterise Microsoft as a friend of Free/Open Source software (FOSS) that also "loves Linux"



  14. India May be Taking Bill Gates to Court for Misusing His So-called 'Charity' to Conduct Clinical Trials Without Consent on Behalf of Companies He Invests in

    Bill Gates may finally be pulled into the courtroom again, having been identified for large-scale abuses that he commits in the name of profit (not "charity")



  15. The Problems With Legal Workarounds, Patent Scope, and Expansion of Patent Trolls to the East

    Patent trolls are in the news again and it's rather important, albeit for various different reasons, more relevant than the ones covered here in the past



  16. Links 20/10/2014: Cloudera and Red Hat, Debian 7.7, and Vivid Vervet

    Links for the day



  17. Links 20/10/2014: 10 Years Since First Ubuntu Release

    Links for the day



  18. How Patent Lawyers Analyze Alice v. CLS Bank

    Breaking down a patent lawyer's analysis of a Supreme Court's decision that seemingly invalidated hundreds of thousands of software patents



  19. Is It Google's Turn to Head the USPTO Corporation?

    The industry-led USPTO continues to be coordinated by some of its biggest clients, despite issues associated with conflicting interests



  20. The EPO's Public Relations Disaster Amid Distrust From Within (and EPO Communications Chief Leaves): Part VII

    Amid unrest and suspicion of misconduct in the EPO's management (ongoing for months if not years), Transparency International steps in, but the EPO's management completely ignores Transparency International, refusing to collaborate; the PR chief of the EPO is apparently being pushed out in the mean time



  21. Links 18/10/2014: Debian Plans for Init Systems, Tails 1.2

    Links for the day



  22. Links 18/10/2014: New ELive, Android Expansion

    Links for the day



  23. Another Fresh Blow to Software Patents (and With Them Patent Trolls)

    Another new development shows that more burden of proof is to be put on the litigant, thus discouraging the most infamous serial patent aggressors and reducing the incentive to settle with a payment out of court



  24. Links 16/10/2014: New Android, SSL 3.0 Flaw

    Links for the day



  25. How the Corporate Press Deceives and Sells Microsoft Agenda

    Various new examples of media propaganda that distorts or makes up the facts (bias/lies by omission/selection) and where this is all coming from



  26. Vista 10 is Still Vapourware, But We Already Know It Will Increase Surveillance on Its Users and Contain Malicious Back Doors

    The villainous company which makes insecure-by-design operating systems will continue to do so, but in the mean time the corporate press covers only bugs in FOSS, not back doors in proprietary software



  27. Links 15/10/2014: KDE Plasma 5.1 is Out, GOG Reaches 100-Title Mark

    Links for the day



  28. With .NET Foundation Affiliation Xamarin is Another Step Closer to Being Absorbed by Microsoft

    Xamarin is not even trying to pretend that separation exists between Microsoft and its work; yet another collaboration is announced



  29. The EPO's Protection Triangle of Battistelli, Kongstad, and Topić: Part VI

    Jesper Kongstad, Benoît Battistelli, and Zeljko Topić are uncomfortably close personally and professionally, so suspicions arise that nepotism and protectionism play a negative role that negatively affects the European public



  30. Corporate Media Confirms the Demise of Software Patents in the United States; Will India and Europe Follow?

    It has become increasingly official that software patents are being weakened in the United States' USPTO as well as the courts; will software leaders such as India and Europe stop trying to imitate the old USPTO?


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