Bonum Certa Men Certa

Software Patents Do Not Apply to Microsoft

Feuding cups



Summary: Microsoft shakes off the ban on Word and is meanwhile occupied with illegalising Free software globally

TO PUT a twist on the old saying, "what Microsoft wants Microsoft gets." Given sufficient leverage over the legal system and industry, there is almost nothing that an army of lobbyists cannot achieve very quickly. As expected, Microsoft managed to dodge the Word ban (MSBBC report) and apart from other UK-based publications we were able to find some disinformation. The following legal report, for instance, makes the incorrect assertion that ODF is impacted.



This work was widely interpreted as an effort to forestall adoption of competing formats, such as the Open Document Format, and concerns were raised about whether the Office XML format was severely encumbered by the company's patents. Despite these fears, Microsoft ultimately saw its efforts succeed. A recently granted patent, however, reveals that the entire effort took place while Microsoft had a patent pending that covers nearly any use of XML for storing word processing documents.


How did the concessions come about? We wrote about the forces at play just over a week ago. The Department of Justice (DOJ), which is filled with former RIAA lawyers, has a role in it. No wonder priorities at the DOJ have turned against the people.

The situation with OOXML is actually worth further exploration too. In relation to another matter, our reader Ryan points out that "people understand that to some degree, it's why OOXML and WMA aren't exactly runaway hits with anyone that Microsoft hasn't leaned on [...] but there are always a few out there that just save to whatever format the program defaults to and then get mad when you're using, say, Office 2003, and it can't understand Office 2007 XML [....] it's not new, Microsoft has been doing that to force upgrades since at least Office 97."

"There are always a few who always think everything that comes out of Microsoft is god's own work and perfect as it is," adds MinceR.

Ryan responds by saying: "I'd say their formats are spread more through ignorance on the part of the user than anyone who intentionally set out to use them. Microsoft is dumping the "back to school" laptops -- all have Office 2007 Home and Student Edition on them for free. Microsoft is so desperate to spread OOXML that they're giving away free copies of it on Best Buy laptops til next month I believe it was."

Microsoft's variant of OOXML is a patents-encumbered format and Microsoft is meanwhile working to spread software patents to the rest of the world through so-called "harmonisation" (like the one McCreevy raves about endlessly). Stuart Johnston, a pro-Microsoft journalist, is defending Microsoft's position, whereas Masnick at TechDirt calls it a "bad idea".

We've already seen that in "harmonizing" copyrights thanks to the Berne Convention that it's been made much more difficult for countries to correct mistakes (or even admit mistakes) with overly aggressive copyright laws. In fact, it's created a situation where the only direction copyright law seems to go is towards stronger protection -- almost always under claims of a need to "live up to international treaties." If we created a single global patent system, you'd have that problem on steroids. Rather than being able to experiment and cut back on the excesses and problems of the patent system, the entire world would be stuck with a single system, and any changes to the regulations would be driven by those who benefit most from being able to abuse such monopoly rights.


One person has opined that the ACTA [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14] may be means of facilitating such "harmonisation". TechDirt has another long article about how India and China should respond to intellectual monopolies now that the likes of WIPO use them as a suppressor of progress in such emerging economies and largely-populated nations.

The continued development of the knowledge economies in both China and India requires thoughtful, practical policies that will give the needed incentive and capacity to innovators while providing benefits to as many as possible. In contrast to the beliefs of many, further strengthened intellectual property rights are unlikely to provide a positive impact on the economies of China and India. Instead, the two emerging giants should dedicate maximum attention to the other ingredients of a knowledge economy while structuring, to every extent possible under international treaty obligations, their domestic intellectual property regime to provide the optimum balance between incentives and access, bearing in mind that to diffuse the gains from existing innovations, the latter is to be favored.


In summary, Microsoft has proven that is can still get away with serious and deliberate patent infringement [1, 2, 3, 4, 5, 6, 7, 8, 9, 10] while it is also harming the patent systems worldwide.

Recent Techrights' Posts

Society Will Only Improve Owing to People Who Push Boundaries
Push boundaries with ideas and facts, not with forbidden language
Digital Sovereignty Discussed in the United Kingdom (UK)
Digital Sovereignty would be nice, but let's remember what contributes to it
IBM Adds Only More IBM Staff to the Fedora Council, They Like LLM Slop for Posting 'Articles'
It's like Canonical with Ubuntu, only worse
 
Links 19/06/2026: Salesforce Data Thefts and GAFAM's Conspiracy Theories That Data Center Opposition is a Foreign Plot
Links for the day
Links 19/06/2026: The Retweeting Class and Data Centres as National Security Risk
Links for the day
Don't Attack the Wives (or Spouses) of Pundits/Activists/Journalists
We will be writing several series about this in the future
Internet Relay Chat (Shorthand IRC) is Still Growing
Contrariwise, social control media is waning
The Register MS Published a New Page With "AI" 21 Times in It. It Was Paid SPAM.
The former editor of the The Register MS admitted to me (directly) that he knew all this "AI" stuff was stupid hype
Murdoch's Wall Street Journal (WSJ) Associates Dependence on a Ponzi Scheme With "the Future"
Those ludicrous ads (disguised as rankings) from WSJ deserve scorn and ridicule
The XBox Story is Still Fast-Developing, the Layoffs Are Confirmed to be Happening Already (Mid-June), Just Not "Officially"
Workers have Microsoft have long braced for what is happening this summer and will accelerate further in two weeks' time
Fake News From Rupert Murdoch's WSJ Could Not Keep IBM From Sinking
"2026 Best Companies for the Future"?
To GNU, AV2 Adoption May be a Year If Not Years Away
The leap between versions means that there is fertile ground for incompatibilities
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 18, 2026
IRC logs for Thursday, June 18, 2026
Gemini Links 19/06/2026: "Born and Raised by the Internet", Fifteen Years in Gopher
Links for the day
Links 18/06/2026: Clown Computing Has Harmful Sound, Facebook "Must Face the Music (Infringement Litigation)"
Links for the day
IBM Common Stock Down to About $250, It Was at $330 Just 17 Days Ago
Happy birthday IBM!
Microsoft's CEO Openly Admits XBox is Not Sustainable and Microsoft is Beginning to Admit Slop Isn't Working and Is Not Not Sustainable Either
Expect Microsoft cancellations next month (or later this month) to impact far more than XBox and some studios
EPO and Disabilities: Payments Allegedly Disabled
But people who do cocaine can claim paid "sick leave" (over 100,000 euros for no work at all) if the President sleeps with them
SLAPP Censorship - Part 110 Out of 200: Anti-SLAPP Reform Formally Advanced in the United Kingdom (UK) the Same Week the Serial Strangler From Microsoft (US) Does Forum-Shopping in the UK
The only language they understand is money. They don't understand privacy.
Links 18/06/2026: UK Social Media Ban for Minors, Finland Lifts a Nuclear Weapons Ban
Links for the day
'Article' With "AI" 27 Times in the Page, It's "Partner Content" (Paid Spam) as Usual at The Register MS
We deem this a timely reminder that a lot of the hype around slop is paid-for lies
Microsoft Layoffs Have Reportedly Already Started at ZeniMax
The overall scale is unknown
Cyber Show: "Our independence remains intact and we're set to continue relentlessly probing the world of digital technology with hard questions"
As one should
European Patent Office (EPO) Series: Leveraging the Lusitanian Connection
Mendonça no longer functions as an independent agent but rather as a fig-leaf for a mafia-like entity that prizes obedience over integrity and self-preservation over truth
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 17, 2026
IRC logs for Wednesday, June 17, 2026
The "Official" Numbers That Say "Microsoft Layoffs" Will be Misleading
The scale of the layoffs in gaming will be unprecedented
SLAPP Censorship - Part 109 Out of 200: When You Drag Family Members Into a Case Unrelated to Them Because Their Relative Published Something
This did not exactly surprise us given what we had already encountered
SUEPO Munich Informs/Contacts the German Government About the Situation at the European Patent Office (EPO)
Salary Erosion Procedure: Two letters to Germany
Gemini Links 17/06/2026: Feeling "Useful"; PISA Pen-and-Paper Cipher
Links for the day
Trajectory of O'Reilly: From Publisher of Books to Microsoft Advertiser
The state of the media is not good and when prolific book publishers start running ads as 'articles' or videos (never mind the disclosure) it is rather tasteless
Links 17/06/2026: Slop's “Crack Cocaine” Approach to Pricing, Microsoft's Rapid Shrinking of Gaming Business
Links for the day
Links 17/06/2026: "How Developers React to Slop-Scented Blog Posts", Police Caught Fabricating Evidence Using Slop
Links for the day
More Than 90% in European Patent Office (EPO) Ballot Vote for Continuation of Industrial Actions/Strikes, About Half Wish to Further Intensify These
Ballot results on intensification of actions
If Not Now, Then When?
If you are not part of the solution/s, then you're merely a vessel or passive participant
Microsoft Offers People 'Retirements' (Again) to Fake (Artificially Lower) Number of Layoffs, Those People Are Nowhere Near Retirement Age
Microsoft implicitly affirms huge cuts are coming
Gemini Links 17/06/2026: 10 Years in Canada, Wild Flower Explorations, and Microslop
Links for the day
European Patent Office (EPO) Series: The Portuguese Prodigy
In this part we will present some additional background information about Mendonça's activities before he joined the EPO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 16, 2026
IRC logs for Tuesday, June 16, 2026