Bonum Certa Men Certa

Microsoft Troubled by the Patent Monster It Lobbied For

Dashboard



Summary: Microsoft gets two new lessons about the harms of software patents, courtesy of i4i and Uniloc

THE i4i case marches on. In older news we find details about the referral to the highest court [1, 2] and in new reports we get some numbers, such as 171 companies supporting i4i's side and over 100 companies supporting Microsoft's side [1, 2, 3, 4, 5]. These numbers do not mean so much and it should be left for people -- not corporations -- to decide on these matters. Microsoft booster Sharon Pian Chan has covered this too.



More than 100 companies signed a letter supporting software-development firm i4i in a patent case against Microsoft that the U.S. Supreme Court will hear.


The i4i case is mentioned here, in a press release that says "tech company i4i alleged that Microsoft infringed one of its software patents with certain versions of Microsoft Word. Microsoft argued that i4i's underlying patent was invalid, and therefore Microsoft's use of the technology did not constitute infringement."

Let us hope that Microsoft will realise software patents are better off eliminated. They are a two-edged sword.

Adding to the pressure there is the patent troll who famously lives under the bridge in a van, where he is scheming to make money without lifting a finger. This patent troll, Uniloc [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11], has just been declared victorious (again) in the case against Microsoft:

An appeals court sided with Uniloc in its patent-infringement lawsuit against Microsoft Corp.

A lower court ruled that Microsoft did not infringe a Uniloc patent designed to prevent software piracy. The appeals court reversed the lower court and ordered a new trial on damages.


This was also covered in [1, 2, 3, 4, 5, 6, 7, 8, 9, 10] and the press release names this an affirmation. According to Patently-O (strongly pro-patents), "The CAFC Rejects the 25 Percent Rule" in this case:

Uniloc v. Microsoft involves a host of issues, although one stands out as particularly noteworthy. While "passively tolerat[ing]" the 25 percent 'rule of thumb' (a method for calculating a reasonable royalty for purposes of infringement damages) in past cases, the CAFC held today that the rule "is a fundamentally flawed tool for determining a baseline royalty rate in a hypothetical negotiation," thus precluding its use for damages calculations.


The bottom line is, the more cases Microsoft loses to such patent trolls, the more likely it is to reconsider its patent lobby.

Recent Techrights' Posts

Links 25/12/2024: Latest Report Front Microsoft Splinter Group, War Updates
Links for the day
Links 25/12/2024: Hong Kong Attacks Activists During Holidays, Xerox to Buy Lexmark
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 24, 2024
IRC logs for Tuesday, December 24, 2024
Gemini Links 25/12/2024: Open Source Social and No Search
Links for the day
Brittany Day Connects Windows Ransomware to "Linux" Using Microsoft LLMs (FUD Galore, Zero Effort, No Accountability)
FUD and misinformation made by Microsoft LLMs again?
Links 24/12/2024: Labour Strikes and TikTok Scrambling to Prop Up Radical Politicians That Would Protect TikTok
Links for the day
Where the Population is Controlled by Skinnerboxes Inside People's Pockets (or Purses)
A very small fraction of mobile users practise or exercise freedom/control over the skinnerbox
[Meme] Coin-Operated Publishers (Gaming the Message, Buying the Narrative)
Advertise (sponsor) to 'play'
Advertisers and Their Covert Impact on Publications' Output (or Writers' Topics of Choice, as Assigned or Approved by Editors)
It cannot be trivially denied that sponsorship in the form of "advertising" impacts where publishers go (or don't go, won't go)
Terrible Year for Microsoft Windows in Cyprus
down from 86% to 72% since January
[Meme] How to Kill Unions (Staff on Shoestring Budget Cannot Afford Lawyers)
What next for the EPO? "Gig economy"?
The EPO's Staff Union (SUEPO) Takes Legal Action to Rectify the Decrease in Wages (Lessening of Purchasing Power)
here is what the union published
Gemini Links 24/12/2024: Deedum Gemini Client Gets Colour Support, Advent of Code 2024
Links for the day
Microsoft Windows Slides to New Lows in Colombia
Now Windows is at an all-time low
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 23, 2024
IRC logs for Monday, December 23, 2024
A Strong and Positive Closing for the Year's Last Week
In a lot of ways this year was a good one for Free software
Feels Too Warm for Christmas
Christmas is here, no snow in sight
Links 23/12/2024: 'Negative Time' and US Arms Taiwan Again
Links for the day
Links 23/12/2024: The Book of Uncommon Beings, Squirrels, and Slop Ruining Workplaces
Links for the day
Links 23/12/2024: North Korean Death Toll in Russia at ~1,100, Oligarch Who Illegally Migrated/Stayed (Musk) Shuts Down US Government
Links for the day
The World's 'Richest Country' Chooses GNU/Linux
This has gone on for quite some time
Richard Stallman on Love
Richard Stallman's personal website includes a section that lists three essays on the subject of love
Apple's LLM Slop Told Us Luigi Mangione Had Shot Himself, BetaNews Used LLMs to Talk About a Dead Linus Torvalds
They can blame it on some bot
Microsoft, Give Me LLM Slop About "Linux" and "Santa", I Need Some Fake Article...
BetaNews is basically an LLM slop site
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 22, 2024
IRC logs for Sunday, December 22, 2024