05.31.09

Microsoft Accused of “Willful and Deliberate” infringement and “Discovery Misconduct” in Another Patent Case

Posted in Microsoft, Patents at 5:00 pm by Dr. Roy Schestowitz

Horacio Gutierrez in hell

Picture contributed by Twitter

Summary: The full(er) story about Microsoft’s attitude towards patents

IN PREVIOUS writings about the i4i vs. Microsoft case [1, 2, 3] we showed that Microsoft was getting burned by the very same system it craved. According to the following, Microsoft talks the talk but does not walk the walk.

Court documents show i4i claimed that Microsoft infringed on its patent in a “willful and deliberate” manner when it created its Word 2003, Word 2007, .NET Framework and Windows Vista software.

Here is the press release about tise judgment. It looks pretty bad for Microsoft, whose partners are busy patenting Microsoft lock-in.

In other places we have found information about Microsoft’s patent greed in consoles. Slashdot summarises this as follows:

An anonymous reader writes “BNET looked at some patents which suggest that Microsoft might be thinking about an integrated game console/set-top box. Quoting: ‘Patent 20080167128 is for watching television on a game console, while patent 20080167127 covers switching a gaming console between various media, including television, video, music, and games, and even using the console as a set-top box. Clearly Microsoft has been interested in controlling the living room, and combining media, gaming, and set-top functions in a single device would make a great deal of sense.’ There are also hints of mobile gaming that support the current round of rumors about a combination Xbox-Zune. ”

Microsoft’s XBox is still being sued from many different directions [1, 2] and it also turns to losses. Here is a report of progress in one of the latest cases.

Microsoft Faces Sanctions In Xbox Patent Spat

[...]

Microsoft Corp. has lost a tool in its defense in a patent trial over technology in its Xbox gaming console, and its alleged discovery misconduct has drawn a judge’s ire and threats of sanctions.

“Alleged discovery misconduct,” eh? That other company accused Microsoft of “willful and deliberate” infringement. It’s worth memorising for the next time Microsoft says that “Linux” (it means GNU/Linux) disrespects intellectual monopolies.

“IP is often compared to physical property rights but knowledge is fundamentally different.”

Professor Joseph Stiglitz

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2009/05/31/ms-patents-discovery-misconduct/

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

A Single Comment

  1. David Gerard said,

    May 31, 2009 at 8:01 pm

    Gravatar

    Projection. The first accusation that comes to mind is generally what they’re doing themselves. This may be useful.

What Else is New


  1. Links 25/2/2021: RHEL for Open-Source Infrastructure, GNOME 40 Beta, LXPanel 0.10.1

    Links for the day



  2. IBM and Qt Don't Understand Free Software and They Now Impose Terms and Conditions on Who Qualifies for Use of Free Software Free of Charge

    IBM and Qt Don't Understand Free Software and They Now Impose Terms and Conditions on Who Qualifies for Use of Free Software Free of Charge



  3. Techrights Gemini Capsule, Now With Over 35,000 Pages and Files

    Blog posts combined with static (plain text) files are now 36,000+ in number, just for Gemini protocol alone; that number keeps growing as our conversion proceeds and evolves (our software will be released under terms of the AGPLv3)



  4. Eventually, or Hopefully, Many People Will Come Back to What the Web Used to Be (Or Web Alternatives More Like the 'Old' Web)

    With RSS feeds making a comeback and a resurgence of personal blogs we can take back the Web from a cabal of tech/Internet giants and social control media, censored, curated and spied on by oligarchy



  5. If Wikipedia is Controlled by Corporations and Mobs, It Needs to Be 'Cancelled'

    Facts have never truly mattered in social control media sites; it certainly seems as though Wikipedia now suffers the very same issue/deficit, allowing oligarchs and their companies to define what goes on in the world and which people Wikipedia should regard as persona non grata



  6. GNU/Linux Reaffirms Its Status as the Universal and Inter-planetary Operating System

    The operating system made for and by scientists (not business sharks and marketing cults) is winning the battle, and not only in this planet



  7. IRC Proceedings: Wednesday, February 24, 2021

    IRC logs for Wednesday, February 24, 2021



  8. Links 25/2/2021: Kali Linux 2021.1, Wine Launcher 1.4.46, and Google's Security Posing

    Links for the day



  9. Links 24/2/2021: MariaDB 10.5.9, Krita 4.4.3 Beta, and Debuginfod Server for Debian

    Links for the day



  10. Self-Host Your Videos, Take Full Advantage of HTML5 and Video Attributes

    For self-hosting of videos over the World Wide Web (Gemini too can handle videos; its clients/browsers can, for example, link video files/URLs to external media players) it's worth reviewing the full set of features made available by the standards because a lot can be accomplished without JavaScript and without unnecessary bloat/complexity



  11. Trying Out NoiseTorch to Reduce Background Sound/Noise in GNU/Linux

    An introduction to noisetorch (or NoiseTorch), an application that helps create virtual microphones/devices with reduced background noise



  12. How the Big Banks and OIN Can Whitewash Software Patents and Do Nothing Concrete About Patent Trolls

    Response to the puff piece entitled "How the Big Banks and OIN Can Lock Out Patent Trolls with Enabled Publications"



  13. IRC Proceedings: Tuesday, February 23, 2021

    IRC logs for Tuesday, February 23, 2021



  14. How to Set Up a Gemini Server of Your Own, Even on a Simple Single-Board Computer

    Using Agate to start one's own Gemini capsule (self-hosted) is a lot simpler than one might be inclined to believe; this is a detailed HOWTO, hoping to encourage more people to join Gemini space, which is fast-growing and free of garbage



  15. Links 23/2/2021: Tails 4.16, Libinput 1.17, Fwupd 1.5.7, Firefox 86, NeoChat 1.1

    Links for the day



  16. The Word Master is Not Problematic in Most Contexts and Its Origin Hasn't a Connection to Slavery

    Slavery is to the word "master" mostly disconnected; it might, however, be closely connected in the minds of racists or the agenda of highly racist corporations (profiting from racism) that look for ways to distract from their racism



  17. On Misapplication, Misuse, Overuse and Abuse of Words (to Suit False Narratives)

    It is looking like the word "abuse" has been extended to basically mean all sorts of things including the act of actually exposing real abuse



  18. The Administrative Council Needs to Fix the EPO While It's Still Possible

    EPO staff and former staff (pensioners) aren't happy and the it's the responsibility of the Administrative Council to do something before it's too late (the reputation of the Office is already severely harmed and it's unable/unwilling to recruit suitable and qualified people, both as examiners and managers, respectively)



  19. 'These Questions Remain Unanswered': Campinos Became Battistelli Just Halfway Through His Term

    The Central Staff Committee of the EPO highlights the grim situation or the deadlock reached after totally dysfunctional Office management somehow managed to kill off channels of communication, in effect going back to where things were back in 2018 under Battistelli



  20. 'The One Percent': Salary Adjustment Procedure (SAP) Supported Only by 1% of EPO Staff

    Out of 2,237 EPO workers who expressed their position on the SAP, which in essence lowers their salary, only 31 expressed support for it (that's 1.385%)



  21. IRC Proceedings: Monday, February 22, 2021

    IRC logs for Monday, February 22, 2021



  22. DDOS Attacks and Decentralisation

    Our server, which is shared among sites, has been under persistent distributed denial of service (DDOS) attacks almost every day in recent weeks, culminating in much worse attacks last night, but we're not too worried anymore



  23. Links 23/2/2021: Gemini (and Gopher) on the Rise Again, Systemd 248 Reaches RC1

    Links for the day



  24. On the Terms Master, Main and Abuse

    Reprinted with permission from Daniel Pocock



  25. Microsoft Inside — Part IV: Microsoft Everywhere, Looking to Poach Developers, Not Disclosing What It Really Wants

    As it turns out, just about everyone looking to recruit for a Microsoft-connected project/company (working on Raspberry Pi, Ubuntu etc.) near Microsoft is 'former' Microsoft, but people who are being approached aren't being told so, at least not upfront; those are very familiar and old tactics, which merit a word of caution to all



  26. Microsoft: We Ain't Done Until Raspberry Pi Won't Run (Anything But Our Proprietary Software With 'Telemetry' Surveillance)

    The ongoing series which we started yesterday and still publish today (about Microsoft recruiters) shows that Microsoft has rather toxic ambitions and the general idea is to infect everything with Microsoft, even the things that compete against Microsoft



  27. Controlling the Conduct of Large Corporations (and Monopolies) Would Help Tackle Disproportionate and Asymmetric Power Structures

    A "CoC" (Code of Conduct) is often crafted or drafted with good intentions; but with enforcement put in the wrong hands it is a tool of corporate oppression instead of protection of people's dignity



  28. Another Reason to Boycott Microsoft/GitHub: The War on Reverse-Engineering

    The high-profile fan-made reverse-engineering efforts are being proactively censored by Microsoft on behalf of another company (without as much as due process), reaffirming the problematic nature of GitHub, a monopoly that represses Free software developers



  29. Links 22/2/2021: Lots More About Linux on Mars, Release of 4MLinux 35.2

    Links for the day



  30. Microsoft Inside — Part III: Microsoft Finds Out That Free Software Developers Don't Want to Work for Microsoft on Microsoft Platforms

    The attempts to poach high-profile Free software and GNU/Linux developers aren't succeeding, especially once it turns out who's really behind those attempts (they don't give it away upfront)


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

Recent Posts