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

08.16.09

Commonalities Between i4i and Microsoft

Posted in Courtroom, Microsoft, Open XML, OpenDocument, Patents at 6:35 am by Dr. Roy Schestowitz

Eyes

Summary: Microsoft’s court loss as the result of “an eye for an eye” after lusting over software patents and abuse of partners

XML (or SGML) has made many headlines recently not because it’s a simple-yet-useful paradigm (or piece of knowledge) but because applied XML is encumbered by software patents. IBM’s Weir has just published some clarifications, stating that:

In the past few days we have had a bumper crop of pontification on the significance of two XML-related patents, one nelwy issued to Microsoft (7,571,169), and another older one (5,787,449) owned by i4i, whose infringement has resulted in a large judgment and injunction against Microsoft. I’ve found the web coverage of both patents to be an unmitigated muddle.

The patent of i4i is being severely criticised here:

I think the source of the problem in the patent system may be linked to a point Friedrich Hayek made long ago about our tendency to overrate the economic importance of theoretical knowledge and vastly underestimate the importance of tacit or practical knowledge. The non-obviousness requirement, tied to the standard of an observer skilled in the appropriate art, is supposed to make the patent system sensitive to this kind of knowledge. But if examiners have to defend their judgments of obviousness, they’re essentially being required to translate their tacit knowledge into explicit knowledge—to turn an inarticulate knack into a formal set of rules or steps. And Hayek’s point was that this is often going to be difficult, if not impossible. Just as a loose analogy, consider that in the Principia Mathematica, Bertrand Russell and A.N. Whitehead’s attempt to provide a rigorous, formalized basis for ordinary arithmetic, it takes several hundred pages to strictly establish the proposition “1+1=2.” It takes a fairly advanced mathematical education to understand the explicit elaboration of a practice (counting, adding) that we expect most children to master.

For background about the i4i trial, also see:

  1. Microsoft Engaged in Misconduct in i4i Trial
  2. The Microsoft Crowd Uses the Word Verdict to Throw FUD at ODF, More Spin Comes from Denmark
  3. The Patent Trolls and McKool Smith Show Why OOXML and Software Patents Should be Shunned
  4. Microsoft and Friends Want to Add More Bugs to OOXML
  5. Microsoft Will Not Comply with Software Patents But Will Eventually Comply with the GPL
  6. Microsoft Accused of “Willful and Deliberate” infringement and “Discovery Misconduct” in Another Patent Case
  7. XML Patents, Microsoft Aggression, and ODF Hostility
  8. Microsoft is Again Paying the Huge Price for Wanting Anti-Free Software Laws
  9. Reader Explains “Microsoft Innovation”

The following news channel is obviously taking Microsoft’s side.

Microsoft is no better than i4i by the way, as Microsoft too is collecting ridiculous patents on XML. Microsoft’s very latest XML patent we wrote about in:

Glyn Moody wrote about this patent as well.

As you can see, this is essentially a patent on those core ideas of XML+XSL that impressed me all those years ago – indeed, on the even older ones of SGML+DSSSL. How the US PTO could possibly grant it for something whose core idea has been around for years is just beyond comprehension, and indicates the parlous state of the US patent system.

But what makes this case even more perturbing is that the patent has been granted to Microsoft. Which means that it has another pseudo-patent in its armoury that allows it to indulge in the usual FUD of free software “infringing” on its intellectual monopolies.

[...]

Unfortunately, the EU alone won’t be able to sort things out here, because it seems that Microsoft is not the only company making absurd claims about owning intellectual monopolies on fundamental and obvious document technology.

Microsoft has some more XML patents that we wrote about in:

The office suite monopoly is not a victim in the i4i case. It is just tasting some of its own poison, so it would be hypocritical to complain about it. This was an eye for an eye action (i4i), which does not really affect ODF. Either way, this probably won't bother IBM.

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. Links 16/12/2014: Google and ODF, Civilization: Beyond Earth Comes to GNU/Linux

    Links for the day



  2. Bill Gates' Pet Troll Intellectual Ventures is Collapsing as Founder Quits

    Intellectual Ventures founder leaves after an exceptionally large round of layoffs, despite [cref 77299 recent subsidies from Sony and Microsoft]



  3. Keeping Software Patents Out of Europe Following the Demise of Software Patents in the US

    Instability in the EPO seemingly prevents further expansion of patent scope, which is the subject of scrutiny of EPO staff



  4. Links 15/12/2014: OSI 2014 Annual Report, GPLv2 Court Test

    Links for the day



  5. Links 14/12/2014: Calligra 2.9 Beta, Krita 2.9 Beta

    Links for the day



  6. Software Patents Are Dying in the US, But Patent Lawyers Refuse to Admit It

    Patent lawyers continue to distort the reality of software patents' demise in the United States



  7. Links 13/12/2014: Android Wear “Lollipop”, European Commission and FOSS

    Links for the day



  8. Time to Take Microsoft Out of British Aviation Before Planes Crash Into Buildings

    London's mighty Heathrow Airport among those affected by a Microsoft-reliant air traffic control system which is not being able to properly recover from an outage, and not for the first time either



  9. News From France and Germany: Battistelli Under Fire, But Not Fired Yet, Just Firing His Opposition

    The régime headed by Benoît Battistelli and his criminal deputy continues to overthrow or pressure out everyone who is not 'loyal' to the régime



  10. Links 12/12/2014: Linux++, KDE Frameworks 5.5.0, Calligra 2.8.7

    Links for the day



  11. The USPTO is Broken: New Evidence Presented

    The scope of patents, as evidenced by some statistical figures and individual patents, shows that the USPTO is broken and must be reformed or dismantled



  12. US Patent Reform (on Trolls Only) More or Less Buried or Ineffective

    An update on efforts to reform the patent system in the United States, including the possibly imminent appointment of Michelle Lee to USPTO leadership role



  13. Software Patents in Canada Not Dead Yet

    Canada's patent status quo increasingly like that of the United States and Canadian giants like BlackBerry now pose a threat to software developers



  14. Dreaming of a Just Christmas: When a Third of EPO Walks Out to Revolt and European Judges Attack the EPO Over Abuses

    Information about the abuses of Battistelli et al. at the EPO are finally receiving wider coverage and increasing the strain on Battistelli's authoritarian reign



  15. Links 11/12/2014: Red Hat Enterprise Linux 7.1 Beta, Firefox 35 Plans

    Links for the day



  16. Ubuntu Core Announcement is Not About Microsoft and Hosting Ubuntu on Azure is Worse Than Stupid

    The power of media spin makes the idea of hosting Free software under the control of an NSA PRISM and back doors partner seem alluring



  17. France Gets Involved in Battistelli's Abuses in the EPO - Part XII (Updated)

    The EPO scandal has officially spilled over to France, where a French Senator got involved and starts asking serious questions



  18. Rolling of Heads Likely Imminent at EPO

    The European patent system is shaking as management breaks the rules, staff is protesting against the management every week, and charges of corruption resurface



  19. Links 11/12/2014: systemd 218, Empire Total War

    Links for the day



  20. Links 10/12/2014: Fedora 21, Ubuntu Core

    Links for the day



  21. Links 9/12/2014: Fedora 21 and Torture Report Are Out

    Links for the day



  22. Exclusive: The Enlarged Board of Appeal Complains About Battistelli's Corrupt Management to the Administrative Council (Updated)

    Text of the complaint from the Enlarged Board of Appeal (EBoA) reaches Techrights, demonstrating just how rampant the abuse in Battistelli's EPO has become



  23. Protests Against EPO Corruption Approach 1,000 in Attendance

    EPO staff at all levels is revolting against the management of the EPO, whose dismissal seems to be only a matter of time



  24. Links 9/12/2014: Greg Kroah-Hartman Interview, Fedora 21 Imminent

    Links for the day



  25. EPO Staff Protests Today and Protested Last Week, Targeting Corruption in the Institution

    PO staff is demonstrating against abuse by the management of the EPO, today we well as in prior days



  26. Links 7/12/2014: New Linux Release, Marines and Prisoners on GNU/Linux

    Links for the day



  27. EPO Scandal: Benoît Battistelli's Arrogance Recognised by European Delegations

    Battistelli’s Nixon moment and the evasive nature of his approach towards external delegations that are troubled by his behaviour



  28. CBS Brushing Aside and Away Microsoft's History of Blackmail and Bribes Against Linux

    Putting in context some of the poor reporting (or whitewash) regarding Microsoft's bribe (disguised as "partnership") to Barnes & Noble



  29. Links 7/12/2014: Typhoon Hagupit, AURORAGOLD

    Links for the day



  30. EPO Imploding: Battistelli Throws a Fit at EPO's Investigation Unit

    Patent institution of Europe is showing signs of tear as protests intensify and suppression of these protests -- as well as suppression of investigation -- intensifies as well


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