Bonum Certa Men Certa

Why Microsoft Still Loves Software Patents

Love coffee



Summary: Some of the latest developments in an unnecessary dimension of patents and how they help show that Microsoft needs software patents

EVERY NOW AND then we find an odd suggestion that Microsoft dislikes software patents due to cases like i4i vs Microsoft. It is immensely valuable for Microsoft to give such an impression -- basically lobbying for particular laws that bring enormous benefits to itself while the public believes the opposite (and thus does not resent Microsoft). Tax law is another example of that and it relies on the whole "job creation" nonsense (phrases which people love to hear without questioning them, e.g. "patents help increase innovation").



Microsoft has already produced some very large patent trolls, including Traul [sic] Allen (the recently-emergent example). A columnist at Mercury News considers it to be proof that the USPTO is broken.

If Microsoft co-founder Paul Allen accomplishes nothing else with his wide-ranging lawsuit claiming that almost every major Internet company has stolen his firm's ideas, at least we can give him credit for reminding us of the troublesome flaws in the U.S. patent system.


Dave Methvin says that Microsoft wins in the Java patents hell storm, which may end without much disruption because the Oracle vs Google case lacks tying to a particular machine. As Wayne puts it:

Another question involves the ‘specific machine’ issue. Pamela Jones wrote about this, and it could be very important. When I read the patents I didn’t see any tie them to a specific machine. The issue surrounds the constantly shifting U.S. Patent rules, which change every time a major patent court case happens. If it is deemed that a patent must be tied to a specific machine, then the patents are invalid, and Oracle looses.

Even if the patents don’t have to be tied to a specific machine, there is a good chance that they will fail, due to the subject matter being predated by something else, or by being ruled obvious, in which case Oracle loses. I’ve read the patents, and the things that they are talking about were implemented at least fifteen to twenty years previously in Unix.


We recently explained how and why Microsoft already makes money from Android [1, 2]. It's due to software patents, or at least an empty allegation relating to them. "Well, well," wrote Groklaw, "And here we were wondering why all of a sudden everyone seems to be suing Android. Microsoft would like you to know that they indemnify, and that the Android lawsuits are costly. That is very like what Microsoft said when SCO sued IBM, after Microsoft paid SCO millions, that they would indemnify and that Linux would be plagued by litigation for years."

“Microsoft would like you to know that they indemnify, and that the Android lawsuits are costly.”
      --Pamela Jones, Groklaw
It is true that Microsoft has many software patents, but lots of them are absolutely worthless. As an example we gave the shutdown patent, which has been covered here at least 3 times already [1, 2, 3]. It is still being covered in some Web sites because it helps show lack of ingenuity that passes the USPTO's tests and the poor quality Microsoft aims for. "This is odd," Groklaw wrote. "Maybe I'm missing something, but Microsoft has gotten a patent on a "scheme" to shut down an operating system. The claims seem to say that it's about when you want to shut down, but you forgot you have unsaved work, so in Windows or a Mac, you get prompted to save it if you want. The patent is a system that saves it for you automatically. The patent says, "The following aspects will focus on a Windows based operating system. It will be understood, however, that aspects of the invention will apply similarly to other operating systems including, but not limited to, Mac and Linux based operating systems.

"But Linux has always done this. It's one of my favorite things about Linux, that if you want to shut down, or even do it by mistake, it saves everything for you. I just wanted to mention it, because if some legal gnome at Microsoft has a "scheme" in mind for this patent, as in $$$ from Linux, this is just to point out that the supremely clueless USPTO just gave Microsoft a patent on something with tons of prior art, unless there is some detail I'm missing."

In addition to "ActiveSync tax" in Android, Microsoft is also said to be in the position of 'owning' simple ideas with digital/physical metaphors such as mail priority (trivial ideas turned digital). "Microsoft had a 'priority email inbox' way before Google, and has patents to prove it," says this one report that's echoed elsewhere. Well, another little report has the headline "The New Xbox 360 Controller Is Really About Patents [Microsoft Introduces A New Xbox 360 Controller With A New D-Pad That Scoots Around Nintendo Patents]".

As the Edison story keeps spreading further (now coming to Wired), it is easy to foresee an analogy between Edison's attitude and Microsoft's. They both merely exploit the system and take credit for other people's idea.

Since Microsoft sells many software licences, software patents are crucial to its survival, especially in an age when it can no longer sell much of its own software. To Microsoft's future software patents are needed and without such patents, software will be freer. Microsoft can't afford letting software be free (not the same as "open").

"There's free software [gratis, dumpware] and then there’s open source... there is this thing called the GPL, which we disagree with."

--Bill Gates, April 2008

Recent Techrights' Posts

Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
 
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock
Detecting suspicious transactions in the Wikimedia grants process
Reprinted with permission from Daniel Pocock
Links 23/04/2024: US Doubles Down on Patent Obviousness, North Korea Practices Nuclear Conflict
Links for the day
Stardust Nightclub Tragedy, Unlawful killing, Censorship & Debian Scapegoating
Reprinted with permission from Daniel Pocock
Gunnar Wolf & Debian Modern Slavery punishments
Reprinted with permission from Daniel Pocock
On DebConf and Debian 'Bedroom Nepotism' (Connected to Canonical, Red Hat, and Google)
Why the public must know suppressed facts (which women themselves are voicing concerns about; some men muzzle them to save face)
Several Years After Vista 11 Came Out Few People in Africa Use It, Its Relative Share Declines (People Delete It and Move to BSD/GNU/Linux?)
These trends are worth discussing
Canonical, Ubuntu & Debian DebConf19 Diversity Girls email
Reprinted with permission from disguised.work
Links 23/04/2024: Escalations Around Poland, Microsoft Shares Dumped
Links for the day
Gemini Links 23/04/2024: Offline PSP Media Player and OpenBSD on ThinkPad
Links for the day
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work