Bonum Certa Men Certa

The Great Microsoft Innovation Lie (and Software Patent News)

"If I have seen further it is by standing on the shoulders of giants," Sir Isaac Newton (1642-1727)

Microsoft Innovation



Progress in development is cumulative, but for selfish reasons, some people pretend it ain't so. "Innovation" has always been Microsoft's principal buzzword and also justification (excuse) for deviating from standards. One Halloween Document reveals that Microsoft saw itself needing to "innovate" above standards in order to deny entry of Free software into the market (covered previously in [1, 2]).



Microsoft has been a master of hypocrisy in several different areas. In practice, the company seems to have invented very little. It just mass-marketed existing ideas, often leading to the illusion that it was an original creator due to wide distribution. Ideas needn't be correlated to reach and media exposure though.

“It just mass-marketed existing ideas, often leading to the illusion that it was an original creator due to wide distribution.”As an example of this, consider Microsoft Surface. The idea was far from original. A reader has just sent us a pointer to Comes Vs. Microsoft exhibit 7278 [PDF] (mirror [PDF]). It's quite fascination what you can find in several thousands of pages. In this antitrust exhibit (exposed briefly over a year ago), you can find out where Microsoft gets its ideas from. Remember that Microsoft settled the case to hide all of this damning material, but we are fortunate to have retained copies.

The person who sent us this pointer summarised it thusly: "See Microsoft innovate Avalon by downloading the Apple SDK."

We have grabbed off the PDF just a portion of the text (quite a few E-mails are contained therein, but OCRing is laborious because of the poor quality of the scan). This text is a message which was sent to the most senior Windows managers (all of whom recently left or retired, Will Poole being the last one just about a month ago). As Jim Allchin sighs at the following, you must realise why he said he would choose a Mac had he not worked at Microsoft.




From: Vic Gundotra Sent: Wednesday, 3une 30, 2004 8:29 AM To: Jim Allchin; Brian Valentine; Will Poole; Joe Peterson Cc: Sanjay Pathasarathy; Charles Fitzgerald Subject: RE: tiger

Steve is trying hard to retain the developers he has left.

He showed "spotlight" functionality embedded in 4 different apps, then highlighted that developers can build (and should build) the same functionality in their apps,

I have SDK - will send to Quentin

They even showed a bit of extensibility in their design.

I don’t have details, but at first blush, I think they will be there 80% on developer platform too.

€° Their Avalon competitor (core video, core image) was hot - lots of transparency, ripple effects, etc Ì„€° I have the coot widgets (dashboard) running on my Mac right now with all the effects he showed on stage. I’ve had no crashes in 5 hours. €° Their video conferencing was amazing (you have to see a demo), €° They have no indigo/web services story €° They are betting on RSS in a high profile way - so they will get credit for this too €° They have "agent" like software - I have it working on my Mac as of last night. It’s very cool scripting software for the entire system. You should see a demo of this - Jobs does it in his keynote €° I’ve enclosed a screen shot from Lenn of using Spotlight against locally cached exchange data. (You can point the built in mail client against an exchange server. The mail is copied down locally, and then "spotlight" works against it wickedly fast)

Video of Job’s talk is here: http://stream.apple.akadns.net/

The bits we deliver in Sept 05 PDC must be compelling, even in beta form. UI must be hot. We will be directly compared against tiger.

-vicg




Another fine examples of Microsoft 'innovation'. Again, no wonder Allchin wanted to buy a Mac and said that Microsoft "must rise to the challenge of Linux." This is just one example among many more, but it's not a topic that we focus on in this Web site. The take-home message is that Microsoft wants to world to believe that Microsoft offers original ideas rather than copycats. Here is a classic:

"Hey, Steve [Jobs], just because you broke into Xerox’s store before I did and took the TV doesn’t mean I can’t go in later and steal the stereo."

--Bill Gates, Microsoft



Many people still believe that Microsoft is the 'mastermind' and genius behind the GUI, the word processor, the spreadsheet, etc.

Let's look at some news, shall we?

Microsoft and Software Patents



Microsoft seems to have just downed itself when it applied for nothing less than a behavioural patent applied in software.

Microsoft patent brings Miss Manners into the digital age



Cell phones may be nearly ubiquitous in today's world, but the number of people who have adopted proper cell phone etiquette (or gadget etiquette in general) often seems to be far smaller. Microsoft has filed for a patent (patent application 2008/125,102) on technology it feels could address such situations via the use of what the company refers to as a "digital manners policy," or DMP for short.


We last wrote about the Yahoo-Microsoft situation just a few days ago. Here is an analysis of the intellectual monopoly assets Microsoft may be after. [via Digital Majority]

While Microsoft is undeniably the leader in terms of sheer number of patents/applications spread across over 100 IPCs (international patent classification codes), it has possibly lagged when compared to Yahoo! and Google in terms of innovation. Yahoo! emerges as a significant innovative player in this regard, probably more so than even Google. Given this scenario, Microsoft’s potential acquisition of Yahoo! would definitely prop up its IP arsenal against its battle for technology supremacy against Google.


Lastly, on the same topic, there is this roundup or at least a quick status report about the Microsoft-Avistar case [1, 2, 3, 4, 5].

Patent Office now completes Microsoft's review for patent re-examination of complete Avistar U.S. patent portfolio - Quick facts



[...]

Commenting on this, the company said it continues to expect that the remaining 10 patents will be validated, through re-examination process. The company also said that it continue to remain focused on business operations and have no further comment at this time regarding impact of these recent USPTO actions on patent discussions.


This battle has so far illustrated the drainage of energy and needlessness of such legal action. It could cost Avistar its life. Remember SCO?

How Patents Failed



With too broad a scope, the USPTO has certainly lost sight of its original objective. The sad state of the patent system has not only caused harm to many, but it even brought an entire new book, which is reviewed and thus promoted by Red Hat Magazine, which was recently forced to settle with trolls.

Patent Failure examines the current state of the American patent system based on the way it has traditionally been treated–as a type of property system. Using the yardstick of property rights and the economics they influence, Bessen and Meurer analyze the costs and benefits of patents to innovators. Their qualification: “If the estimated costs of the patent system to an innovator exceed the estimated benefits, then patents fail as property.”


As more proof of the sad state the patent system, watch the figure at the bottom of this new blog post.

How were people able to build beds with a headboard without paying royalties between 1969 and 1983?


Lastly, here is an article which speaks about patent trolls gaining sophistication. [via Linux Today]

When you're driving down the highway and you see a spotless white tanker truck with a big green tree painted on the side, you can be pretty sure that it's full of hazardous waste.

Likewise, companies with "innovation" in their names are generally innovation-hostile patent trolls. The problem isn't just that they file for obvious patents, or patents on things that someone else already invented, but that they drag the enormous transaction costs of the patent system into the flexible world of software, where transaction costs are low.

[...]

By now, even the Mainstream Media is safely aware of the need to get rid of software patents. When a Cato Institute scholar is writing an anti-software-patent op-ed for the New York Times, you can't get much more Mainstream than that.


There is a reference there at the end to immortal admissions from Chairman Gates himself. He truly forgot where he came from.

"If people had understood how patents would be granted when most of today’s ideas were invented, and had taken out patents, the industry would be at a complete standstill today."

--Bill Gates

Recent Techrights' Posts

The "Alicante Mafia" - Part XIII - Is EPO Vice-President Steve Rowan in Cahoots With the "Alicante Mafia"?
that deserves much media attention, political intervention, and condemnation
“Wikilaundering” Explained
"London PR firm rewrites Wikipedia for governments and billionaires"
Some Slopfarms and Some Real News Sites Cover Richard Stallman’s (RMS) Talk
If his message about Software Freedom spreads, then we're all better off
Richard Stallman's Experiences With 'Cancel Brigades' Ought to Educate Linus Torvalds
Now they talk about "if Linus dies" scenarios
 
Gemini Links 27/01/2026: "Waiting Isn't a Waste", Posting from Lynx, and Bookmarks
Links for the day
Links 27/01/2026: "Oracle Debt and TikTok Transition Troubles Vex the Ellison Media Empire", Richard Stallman Quoted on Copyrights
Links for the day
Steven Field (Red Hat) Speaks of "Recent Layoff" (RA/Wave) in Red Hat
IBM really doesn't like it when people talk about "RAs"
A Week Ago We Contacted the EPO's Stephen (Steve) Rowan About Cocainegate
Tomorrow we'll write some more about Rowan
IBM Reports 'Results' Tomorrow, Expect More "RAs" (Mass Layoffs)
they use words like "efficiency", "optimisation", "AI", "pivot", "modernisation" and so on
Earlier This Month Microsoft Lunduke Said in Public It Was Good That Renee Good Was Murdered, Now He Mocks or Demonises People for Saying the US is Unsafe
Don't be easily conned by demagogues
Google News and "Linux" Slop
Why won't Google be interested in tackling this issue? Instead Google has been trying to participate in this issue.
IBM Kills Red Hat in the Darkness
What IBM does to Red Hat is malicious
IBM Red Hat's Goal Is Not Real Security (It Probably Never Was)
Spies and trolls are very malicious people and sometimes they're the same thing
With Absurd Lies About Slop, Which Lacks Intelligence or Financial Potential, GAFAM and IBM Will Twist Mass Layoffs as 'Efficiency Drive' or 'AI Pivot'
More layoffs are on the way
Animal Advocacy Works
All it takes is effort and determination
EPO Strike This Week
What has happened to Europe?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 26, 2026
IRC logs for Monday, January 26, 2026
For the EPO to Survive, António Campinos and the "Alicante Mafia" Must Fall on Their Sword
There are EPO insiders who are convinced Campinos too is (or was) a cocaine addict
Gemini Links 26/01/2026: Pocket Power Pack, Batteries, and Breaks
Links for the day
"Microsoft Vista 11 Emergency Update" as Windows Fails to Boot (Again)
Microsoft is desperately trying to find some new business model as the debt soars
4 Hours Ago The Register MS Published Paid-for Spam About "AI" (Slop, Buzzwords)
"AI" mentioned 13 times in the page
IBM 'Results' Due Wednesday Evening, Expect Clues About Mass Layoffs
Don't expect IBM to say anything about "layoffs" or "RAs"
The Fall of the EPO (or the "Alicante Mafia" at EPO) Will be Due to This Reckless Lawyer Who Does Cocaine in Public While Speaking for the EPO
The longer European politicians (and media) turn a blind eye to this corruption, the worse it'll get
Why RMS is Scary to GAFAM 'Engineers' and the GAFAM Apologists (or Addicts)
especially because of his ideas and his way of life
Firefox 'Market Share' Down to All-Time Low in 2026, Adding to It User-Hostile 'Features' Only Worsens Things
What is the goal of Mozilla at this point?
Links 26/01/2026: Windows Back Doors, American Winter Storm, and Report Says Iran's "Protest Death Toll May Exceed 30,000"
Links for the day
Life Got Simpler and Therefore Also Healthier and Happier
Some people envy not wealth but happiness (which they're unable to attain, even with hoarding and accumulation)
Links 26/01/2026: Financial Stress in German Farms and Germany Wants to Take Its Gold Reserves Out of the US
Links for the day
Gemini Links 26/01/2026: "Lack of Meaningful Things" and Getting Back to Programming
Links for the day
Strong Correlation Between the Slop Ponzi Scheme (or Bubble) and Major Disasters
BitCoin ruins the planet; so does slop
We Will Never Allow the "Alicante Mafia" to Hide "Cocainegate"
transparency typically scares malicious actors
Fewer Involuntary Interruptions This Year
This year we're doing much better
Prisons Are for Dangerous People Who Pose a Threat to the Public, Not People Who Inform the Public
At the end of the week EPO workers go on strike
Microsoft Loses Grip on Indian Ocean
Many countries, including in older allies of the US (such as Canada and the US), look for ways to get out of Microsoft dependence urgently
XBox Consoles Nearly Dead by Now, the 'XBox' (ex-Box) Brand Now Stands for Something Full of Slop, Spam, Filler, and Chaff
We're seeing the last day (maybe year) of "XBox"
The Great "AI" CON Explained by Dr. Andy Farnell
LLMs are basically advertisers of sorts
Links 26/01/2026: "Journalists Detained", in Germany "Unjustly Jailed Man Gets €1.3 Million Compensation"
Links for the day
Red Hat Quietly Going Extinct After Bluewashing in 2026
At this point it would be rather foolish to assume that IBM will let Red Hat just "do its own thing" or maintain its corporate culture, identity, projects etc.
The "Alicante Mafia" - Part XII - Kris De Neef and Roberta Romano-Götsch, Who Stepped in for the Cokehead, Have No Comment on His Cocaine Usage (and the EPO's Cover-up)
Sh-t floats to the top.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 25, 2026
IRC logs for Sunday, January 25, 2026
Gemini Links 26/01/2026: Cold Perception, Software Patches in NixOS, and Sunk Cost Fallacy
Links for the day
Fake IBM Retirements (IBM Gives Older Workers Ultimatums, Deadlines, and Carrots on Sticks)
As they point out, IBM is desperate to lower costs
Linuxiac is Basically a Fake News Site, But It's Being Fed by Google News
Because Google News is run by Google, a slop pusher
Links 25/01/2026: Slop "Tribalism", Nike Apparently Cracked
Links for the day
Claims That PIPs Are Abused for Silent Mass Layoffs at IBM (Without Severance) or Forced Retirements
Performance Improvement Plans (PIPs) "clearly bogus as everyone on my team who has been on one has been fired"
WebM Version of Richard Stallman's Latest Talk (Georgia Tech Talk)
The file size is smaller
After Half a Decade Vista 11 is Still a Giant Failure
Don't expect Microsoft to gain a foothold
Details on IBM Layoffs in the EU Last Week, Same Allegedly Coming to the US Shortly
"Around 50 people affected in Belgium."
Technology Trends Driven by DRM Giants, Planned Obsolescence, Not the Needs of the Buyers
The "pushers" think of customers as "users"; and they encourage passivity, Stockholm Syndrome
Links 25/01/2026: Microsoft BitLocker Backdoored for Decades Already, Microsoft-Backed ICE Still Murders Civilians
Links for the day
Gemini Links 25/01/2026: "Expert in a Dying Field" and Global Commands
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 24, 2026
IRC logs for Saturday, January 24, 2026
After the Slop Bubble
At the end, looking back, we'll all generally understand that the net effort of slop was environmental destruction
IBM CEO Says IBM is Just Reliant on Buzzwords That Are Overhyped
IBM has nothing to show anymore and telling fairytales to shareholders is a temporary 'fix'
The "Alicante Mafia" - Part XI - No Comment From Steve Rowan, Niloofar Simon, and Christoph Ernst About Cocaine Inside EPO
What kind of patent office is this?