ON four occasions in the past week [1, 2, 3, 4] we have written about the agreement between the European Commission and Microsoft. Various parties agree that it is a poor agreement and fortunately it is not final. Groklaw shares some details on who to provide feedback with. It also explains the part about software patents, which ought to be illegitimate given the status of patents in Europe.
The official notice of the new draft deal between Microsoft and the EU Commission has now been posted to the EC website and published [PDF] in the Official Journal of the European Union, and it invites comments, giving all the addresses, email, fax and regular mail, where interested parties can submit their observations within a month of the date of the announcement. The date of the announcement was October 7. Comments must *reach* the EU Commission within a month, not be postmarked by then.
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And the price to interoperate with Microsoft, according to that document and the proposed interoperability agreement [.doc] is $10,000, and that is the minimum, not the maximum:
3.RoyaltiesThen there is a chart, breaking it down further. Now, $10,000 is nothing to Microsoft. A large, supported project like SAMBA could probably swing it. How about some university student somewhere? You don't think that matters? How about a university student named Linus Torvalds, for example? Think *that* matters? Do you want a deal that excludes the next Linus Torvalds? Where will he get $10,000? This single clause exiles any innovation from the next Linus, because he won't be able to afford to pay the toll to interoperate, thus excluding him from the general market.
3.1. Prepaid Royalties. Licensee will pay Microsoft $10,000 in non-refundable prepaid royalties, to be credited against Royalties.
3.2. Royalties. Licensee will pay Royalties for each Product containing an Implementation consisting of the Net Revenues for that Product multiplied by the Royalty Rate set forth below, provided that the Royalty per User of that Product or Provided Copy of that Product will not be less than the Minimum Royalty set forth below for the applicable Product Type:
In the past Microsoft has been held up for ridicule with some of the patent applications it has made. Perhaps most notable amongst these was the infamous Page Up Page Down patent. The latest Microsoft patent application to reach my radar will not, most likely, cause quite the same amount of sheer disbelief although it does point to something of a change in the way the Seattle giant sells us software and services.
Microsoft has filed for a patent for ‘Time-Based Licenses’ and the application abstract reveals this to be a method and system for “issuing a number of different types of time-based licenses associated with software products”.
A system and method is provided for a spell checker that includes sending a document to a spelling server which returns the document with associated spelling information, though the document could also be provided to a spelling assistant on the local machine. The spelling information includes identification of potentially misspelled words and one or more replacements words. The document is displayed to identify the potentially misspelled words in a visually distinctive manner. The replacement words are displayed near the potentially misspelled word in response to a user activity, such as clicking on the identified words. The misspelled word is replaced with the word selected by the user from the replacement words. The user may extend the area of text to be modified by clicking on extension buttons to the left and right of the potentially misspelled word.
“Software piracy is a threat on multiple fronts. Pirated software can be a breeding ground for malware and can also open users up to crimes such as identity theft. Those who decide to acquire illegal software harm the economy and companies of all sizes. Moreover, those who engage in piracy open themselves up to civil and criminal prosecution” said Blank of BSA.
Comments
finalzone
2009-10-13 09:34:13
Roy Schestowitz
2009-10-13 09:58:40
“Staff at the European Patent Office went on strike accusing the organization of corruption: specifically, stretching the standards for patents in order to make more money.
“One of the ways that the EPO has done this is by issuing software patents in defiance of the treaty that set it up.”
--Richard Stallman
Patent systems tend to get hijacked by lawyers and bureaucrats.