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Web Services Patented by IBM and Microsoft

daecabhir writes "This article from ZDNet is an interesting read. Not just because of the implications of what IBM and Microsoft appear to be doing, but because it again brings to light how susceptible many standards processes continue to be to commercial interests. You would think that being early adopters, crafting the standards so that they can have the first and most compliant implementations might be enough - but I guess these companies aren't secure about the quality of their products, so they have to go down the route of intellectual property ownership, enforcement and RAND (reasonable and non-discriminatory, whatever "reasonable" means) licensing fees."

12 of 171 comments (clear)

  1. It doesn't matter by X.25 · · Score: 5, Insightful

    If they do decide to try to get royalties, they will find out that a lot of people are jumping to other technologies.

    I am about to start a new contract for a bank, and I'll be involved in deciding what technologies will be used for new online application.

    I am sure that SOAP/WSDL will not be considered, until we're sure what the real story is.

    If someone decides that everyone has to stop using SSH, we'd have temporary solution tomorrow, and a permanent one few weeks/months ago.

    The same will happen with this.

    1. Re:It doesn't matter by fferreres · · Score: 5, Insightful

      You certainly don't know how the world works. Underestimating the power of Microsoft and IBM to set a standard is dangerous, and overestimating the people's inteligence regarding licesing is another.

      After all, i don't see many people arguing because Office locks them into Office, they blame other files for not reading Office. Same with a non IE browser, etc. Same with the idiotic EULAs which even the biggest corporations accept, refusing to have ANY right if program flaws compromise their operations yet are scary to use ANY free, open-source, tested and even audited piece of code out there.

      I don't mean to be negative, but you have to grant me that "inteligence and comon sense will prevail" doesn't work in real life.

      --
      unfinished: (adj.)
    2. Re:It doesn't matter by Anonymous+Brave+Guy · · Score: 5, Interesting
      You certainly don't know how the world works. Underestimating the power of Microsoft and IBM to set a standard is dangerous, and overestimating the people's inteligence regarding licesing is another.

      Actually, I think X.25 had a very valid point. Looking at Microsoft's sales figures for Office XP and Windows XP, and the enthusiastic switch to use Visual Studio.NET and write Web Services instead of using good ol' MFC (no, wait, I don't know anyone who's done that) I think it's clear that the whole universe will not suddenly leap up and jump just because MS says so.

      The business world seems to have decided enough is enough with the latest round of MS software. Where were all the pre-ordered WinXP installations this time? Where are the corporate-wide drives to upgrade to Office XP? Why is everyone so sceptical about the whole product activation issue? They've woken up, that's why. MS have lost the momentum they used to carry their last major releases (Win2K and O2K) and they know this.

      I don't think home users are buying it, either. I know quite a few tech savvy people who have bought new boxes since WinXP came out, and quite a few more who aren't so tech savvy. An awful lot of both have been asking obvious but difficult questions about WinXP, the popular practice among retailers of supplying a "recovery CD" rather than a genuine Windows CD, whether they can have Win2K instead, etc. I'm sure the overall impact of that hasn't been lost on MS either.

      MS may be the masters of marketing hype and spin, but sooner or later, the paying public stops buying it. MS lawyers can win all the court cases they like, but the bad press is still bad press, and it has, and will continue to, hurt them. People are becoming aware of the way MS behaves, and unless they can do something about it (which obviously they're trying, but their success is far from guaranteed) their ability to force through new standards is far from guaranteed, either.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    3. Re:It doesn't matter by fanatic · · Score: 3

      Here we go.... software that will only run on linux

      or BSD or FreeBSD or OpenBSD or NetBSD or OSX or really silly comunistic non-commercial stuff like Solaris or AIX, which is the case for an awful lot of this Free and OpenSource stuff.

      that you have to manualy compile the source code to binaries

      yes, folks windows code automagically runs from source, no cpmpiling needed, ever. (You must be a BASIC fan.) Hey fellow, if you've got anything like a standardized confgiuration, you compile once (taking advantage of things like the fact that you no longer have 386 machines in your shop, so you can compile for Pentium and higher class machines) and install the binaries (which sort of happens in RPM, among other things).

      and configure stupid fucking .conf files to get working.

      .conf files are so cool to deal with. You can use diff to see changes. Use can use perl to make mass changes. They don't just "automagically" go corrupt on you like the Windows Registry does. And when you have a working config, you can just copy it at will from one machine to another, make the changes (if any) that this would be require, and this will WORK. Good motherfucking luck doing that with the registry. I fucking LOVE .conf files. They are in every way superior to the alternatives I've seen.

      Bugs? Problems? Fix them your fucking self, thats why we give you the sauce code.

      Since commercial code never has problems, and since if it did the vendors would fix it right away for free and since the Free and OpenSource folks issue immediately version 1.0 and then disappear from the face of the earth, I gues I see your point.

      Let me know which bank so I can switch now.

      Good riddance. Heaven forbid you buy goods or services from an organiziation that won't get on the upgrade treadmill like good corporate citizens.

      --
      "that's not encryption - it's a new perl script that I'm working on..." - from some Matrix parody
  2. Its simple...don't use it. by rivendahl · · Score: 4, Insightful

    I feel the direction we should take as a community is to develope global software solutions for the masses by the masses. This ensures the scalability, reliablity, and useability of the software. As well we should focus our attentions to creating internet protocols that ensure the integrity of data and the near perfect delivery of data and content. If I were an english major or a marketing genius I could fit more buzz words in here.

    The bottom line is corporations will make every attempt no matter how pro-this or pro-that (IBM using Linux and OSD) or the usefullness (M$ stealing OS code from OSD for Winblows) to gobble financial assests. The best part is once a company reaches a certain level of capitol its all numbers.

    If M$ wants to charge its only out of fear of admitting that free works better than not free in a lot of cases. Charging seems absurd to us because we are used to being able to use free a lot. We use free now. And that is free as in free beer.

    Everyday we use things that are FORCED upon us that are not free as in free beer and not free as in freedom of choice, change, and modification. Telephones, electricity, ambulances, hospitals, public and mass transit, CD-R's, RIAA, MPAA, and so on.

    Screw it. I'm preaching to the choir on this aren't I?

    Later,

    Rivendahl

    --
    ... there is nothing that has not already been thought ...
  3. Re:Quality of their products not at issue! by NoMoreNicksLeft · · Score: 4, Insightful

    Hmm. Limitless income source? I guess it depends.

    Do I have to feed 3 infants to rabid pit bulls every week, to collect?

    Do I have to lock old people up in a dungeon, and feed them moldy dog chow to collect?

    Does it require poisoning the water table of a major region or continent?

    Or running for political office?

    Selling my soul to satan?

    Actually, there are even more, but you must see my point by now... there are any number of things that I consider either too tasteless or unethical to want to make money off ot them. And I think raping the entire world, and its first true global network, just so they can own a piece of its soul for all eternity, fits in nicely with the above examples.

  4. It was fun while it lasted. The monopolists are .. by crovira · · Score: 3, Interesting

    regrouping and clamping down.

    M$ is well known in its rapacity and IBM was deservedly the subject of the longest antitrust suit of the last century/millenium. Both have been money mills for lawyers on both sides of the issue.

    All traffic will have to go through their gates (no pun intended,) and they will collect a tithe on every packet.

    Look for rapid adoption of IPv6 after that since they will need to identify the source, route and destination of every packet in order to charge you for every hop.

    Shades of Canada's x.25 packet network which use to cost me plenty every month.

    The costs will realign themselves to make it impossible to for individuals to contemplate downloading squat since the cost of transmission will equal or exceed the cost purchase of a hard good.

    Only businesses will be able to use the net and the size of those businesses will scale with the cost per packet. Eventually, only the rich and large corporations will be on the net and by then it won't be worth using.

    If there is anything that the last series of wars has shown its that armies and money aren't power, control of communications is power.

    And the powerful don't share with the powerless (that means YOU) regardless of the potential benefits for anyone involved.

    Instead they hoard communications, distort and prevaricate and depending on the armaments available send out the bombers, the local equivalent of the "Ton Ton Macoute" or their own children, the ones who who haven't yet starved to death, out amongst the crowd wearing bombs strapped to their chests.

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
  5. Co-operate on standards, compete on implementation by Get+Behind+the+Mule · · Score: 5, Interesting

    ... that's how the Internet came to flourish, and that's the only way future network technologies will ever have a chance. Anything else is quite simply doomed.

    The existence of open standards such as TCP/IP, HTTP and all the rest, which were agreed upon by the major players, created markets in which everyone had their chance to create the best products. We've seen in recent years how hard it is to make money in the Internet, since users are accustomed to getting everything for free. If it had cost money just to use the thing in the first place, it never would have gotten off the ground.

    If standards for web services are not royalty-free, then there will be no such thing within a few years. Or perhaps the idea of web services will survive on the basis of other, royalty-free protocols, but SOAP and WDSL and other patented technologies will be a footnote in history. Let IBM and M$ go ahead if they want to kill off their own inventions, it really doesn't bother me a bit.

  6. Eminent Domain by andaru · · Score: 3, Insightful
    Perhaps it's high time for the various governments we have floating around (they must be there for something) to take the IP for universally adopted standards by eminent domain.

    On the other hand, we have all seen how competent our governments have been when confronted with technological issues and campaign contributions...

    --

    Why is Grand Theft Auto a much more serious crime than Reckless Driving?

  7. A more enlightened IP policy: IEEE standards by dtmos · · Score: 5, Informative

    The IEEE Standards Association, home to the 802 family (Ethernet, Wi-Fi, etc.) and legions of others, has a more enlightened IP policy, IMHO, as described in their bylaws and operations manual. From the bylaws:

    IEEE standards may include the known use of patent(s), including patent applications, provided the IEEE receives assurance from the patent holder or applicant with respect to patents essential for compliance with both mandatory and optional portions of the standard. This assurance shall be provided without coercion and prior to approval of the standard (or reaffirmation when a patent becomes known after initial approval of the standard). This assurance shall be a letter that is in the form of either

    a) A general disclaimer to the effect that the patentee will not enforce any of its present or future patent(s) whose use would be required to implement the proposed IEEE standard against any person or entity using the patent(s) to comply with the standard or
    b) A statement that a license will be made available without compensation or under reasonable rates, with reasonable terms and conditions that are demonstrably free of any unfair discrimination.

    This assurance shall apply, at a minimum, from the date of the standard's approval to the date of the standard's withdrawal and is irrevocable during that period.

    This seems to provide a good compromise; patented technology may get into a standard, but only after disclosure and subsequent approval of the standard by the organization. In addition, while I can't speak for the IEEE-SA as a whole, 802 voters vote as individuals--there are no "corporate votes." Individual consultants have the same voting power as a corporate VP: While the VP may spend corporate $$ to have a collection of subordinates attend enough meetings to become eligible voters, members of the EFF, or any other collection of people, could also attend and vote. While the 802 process isn't perfect, and abuses have been known to occur, this aspect of the IEEE standards process also works to get the best technical standard produced.

  8. HP/IBM on /. by jacoplane · · Score: 4, Interesting
    I've always wondered why it is that most people on /. seem to love IBM, but bash HP every chance they get. To quote from the article

    "Against the backdrop of the W3C's emerging plan to adopt a primarily royalty-free-based patent policy, the royalty-free vs. RAND controversy reached full boil last October when Hewlett-Packard withdrew its support as a sponsor of IBM and Microsoft's W3C WSDL submission on the basis that WSDL might not be royalty-free"

    It seems to me that HP supports open standards more than IBM does. And besides, IBM has historically been just as monopolistic as MS ever was. Also, HP & Compaq seem so support Linux as much as IBM does. I'm sure there is a good reason why people here admire IBM but think HPaq is doomed. I'd love to have someone explain it to me.

  9. The 'net's gonna be co-opted. Internet 2's here... by crovira · · Score: 3, Insightful

    The 'net as we KNEW it has moved over to [secret] and to InterNet2.

    The military has its own ultra-secure network that's NOT connected.

    Academe has its own ultra-high-performance network that's NOT connected.

    Face it, the originators of the internet, the military and academe no longer have any interest, need or say in what's happening.

    The 'net that we're using now is a floundering piece of commercialized, lowest-common-denominator drivel that's going to descend into a pay-per-packet, metered, toll-gated rabbit warren of compromised hardware, lowest bidder SLAs (service level agreements) and cracked-all-to-Hell software and protocols.

    But it'll be just good enough for the business who'll use it (because they have no other choice.)

    And it'll be brought to you by people who didn't want it, didn't believe in it, and only see it as a way to make a buck now that all this silly inventiveness is over and the boring business of business can resume.

    And you? Bwahahaha. Like they give a fuck. Pay and shut up.

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.