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A Lawyer's View on the OpenGL Patent Mess

PDAJames writes "This article has an interesting take on Microsoft's claims on OpenGL technology. An IP lawyer says that Microsoft could make things difficult for OpenGL if they feel like it, basically. "

112 of 339 comments (clear)

  1. Incredible Insight! by maynard-lag · · Score: 3, Funny

    Can you believe that since Microsoft owns some of the patents that went into OpenGL, they can *gasp* make life difficult for implementers of OpenGL?! Boy it's a good thing we have those lawyers to keep us straight.

    --
    Have you hugged your Karma Whore today?
    1. Re:Incredible Insight! by Yohahn · · Score: 5, Interesting

      Actually one of the most interesting things that was pointed out was the question of the legality of selling something that was already agreed to be released in an open manner.

      They agreed to release the patent to OpenGL, so can they sell it to somebody who is going to "un-release" it?

      If this is what Microsoft and SGI did, it's an interesting problem.

    2. Re:Incredible Insight! by Catskul · · Score: 5, Funny

      I really dont understand why the parent was modded as funny. It is a serious point.

      --

      Im not here now... Im out KILLING pepperoni
    3. Re:Incredible Insight! by Darth+Yoshi · · Score: 2, Interesting
      Let's say company A, out of the goodness of their heart, announces they will release a patent. Before they do so, however, they sell the rights to company B. Company B has no obligation to honor the promise.

      It depends on exactly what rights company A sells company B.

      For example, if company A sells non-exclusive rights to company B and then company A releases the patent to the public domain, well tough luck for company B.

      On the other hand, if company A sells exclusive rights to company B, then there's no way company A can rerelease the patent to anyone.

      #include IANAL.h

      --
      // TODO: fix sig
    4. Re:Incredible Insight! by MrResistor · · Score: 3, Funny

      I really dont understand why the parent was modded as funny. It is a serious point.

      Because it's funny that the parent was moderated as funny, just as it's even more funny that your response to the funny moderation was in turn moderated as funny, and that's pretty funny!

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    5. Re:Incredible Insight! by Citizen+of+Earth · · Score: 4, Insightful

      They agreed to release the patent to OpenGL, so can they sell it to somebody who is going to "un-release" it?

      I would presume that this cannot be legal, since if it were, we would have a different RAMBUS-type fiasco every day of the week. Every company would agree to give free access to their patents that are used in an open standard, and immediately after the standard is deployed, they would sell their patent to a 'collection agency' and tell all of the suckers who implemented the open spec to pay up.

      Maybe I should patent this business model right away...

    6. Re:Incredible Insight! by bigjocker · · Score: 2, Funny

      Because it's funny that the parent was moderated as funny, just as it's even more funny that your response to the funny moderation was in turn moderated as funny, and that's pretty funny!


      What the crap??? you were moderated as Funny too !!! Now it's time for JonKatz to post to this thread, he could get some mod points for himself !!!

      --
      Life isn't like a box of chocolates. It's more like a jar of jalapenos. What you do today, might burn your ass tomorrow.
    7. Re:Incredible Insight! by guck · · Score: 2, Funny

      Perhaps an additional mod of "Ironic" would be beneficial here.

      Ah, but then, +1 or -1?

      (aha! no! 0 - then it could be recursively ironic!)

    8. Re:Incredible Insight! by FooBarWidget · · Score: 2, Funny

      I'm sure this one would not get rated as Funny.

    9. Re:Incredible Insight! by renoX · · Score: 2

      The thing is: it's true Microsoft bought some patents from SGI.
      But maybe not all SGI's patents were released in an open manner, or Microsoft may have some other patents .

      As the shaders are a new feature for OpenGL, I'm not sure at all that SGI have already granted open access to its patents which cover this part..

      Now OTOH, Microsoft know (I hope) that they need also OpenGL for professional app. (CAD,..).

    10. Re:Incredible Insight! by Yohahn · · Score: 2

      What I got from the article, SGI promised to do this before they sold it to microsoft.

  2. The case for OpenGL by stevenbee · · Score: 4, Interesting
    From the article:

    OpenGL owes its current success to an unrestrictive licensing system, which allows developers to write to the API without a licence, and which carries no royalty fees.

    I think they were a little remiss in overlooking the technological case for OpenGL; the fact is that many developers prefer it to DirectX, and not for ideological reasons.

    --
    Don't read this!
    1. Re:The case for OpenGL by ewhac · · Score: 5, Interesting

      the fact is that many developers prefer it to DirectX, and not for ideological reasons.

      Unfortunately, this is not as true as we might wish it to be. Micros~1, as usual, has stacked the deck in its favor.

      If you're a graphics card manufacturer, you want to make sure that your drivers will do the right thing. Thus, you need to test the hell out of it. Surprise, surprise, Micros~1 has a little thing called WHQL (Windoze Hardware Quality Labs) which exhaustively tests your hardware and drivers to make certain they behave properly. If you pass, you get a little WHQL sticker to put on your box. Thus, the graphics OEM can save the expense of creating its own verification department.

      What do you have to do to earn WHQL certification? Well, that changes over time as Windoze acquires more cruft^H^H^H^H^Hfeatures. But one thing you must do is fully complete their DirectX validation suite. If you fail, you don't get the sticker.

      So who does OpenGL validation? Well, Micros~1 will do that for you, too. But it's optional, not required. Moreover, they won't perform OpenGL testing unless and until you've already passed DirectX testing. So, if you're a graphics OEM living on razor-thin margins, you're not going to spend one engineering dollar more than is absolutely necessary to get that WHQL sticker, and to heck with everything else. So OpenGL gets short shrift.

      So why did OpenGL get anywhere at all? Two words: John Carmack. Carmack and id Software are the de facto certification authority for OpenGL: "If Quake runs, it works." Trouble is, earlier versions of Quake only used a subset of the full OpenGL API, so card makers only supported exactly that. As Carmack exercised more of the API in new releases of Quake, card vendors slowly got the idea that supporting the complete API was probably a wise move. NVidia got the hint way early, and it didn't hurt that they had a bunch of ex-SGI engineers on staff.

      But even so, OpenGL support remains spotty and uneven, because there is no comprehensive certification authority (that wields any political clout) for OpenGL. If your DirectX implementation is broken, Micros~1 will tell you exactly what you messed up. There is, to my knowledge, no such facility in place for testing OpenGL. Thus, OpenGL implementations are broken in different ways across different cards. DirectX is fundamentally broken, but because of WHQL testing, it's broken the same way across all cards. Because of this comparative uniformity across cards, game developers just go straight to DirectX, and maybe will write an OpenGL rendering layer as an afterthought, despite the fact that OpenGL is easier to write for, and can often be seen offering higher performance. id Software was the sole exception to this rule, offering OpenGL support only. It looked like CroTeam, creators of Serious Sam, were going to boost OpenGL's mindshare, but they have since caved in, and their latest Serious Sam release features DirectX support.

      Now, Micros~1 has acquired the lever it needs to kill OpenGL. Vertex shaders are the Next Big Thing in hardware-assisted rendering, and they have been under development for some time. It was hacked into DirectX as of DX8 (IIRC), but the OpenGL ARB has been trying to come up with an equivalent solution that is cross-platform and network-transparent. (Hence the perception that OpenGL is "lagging" DirectX.) Even if the ARB makes vertex shaders an optional extension, it will effectively kill OpenGL's already-tenuous popularity as a rendering API, because developers won't be able to rely on vertex shading extensions being installed. Thus, if you're a game developer, and you want vertex shading in your game, then you'll use DirectX and nothing else.

      This is Micros~1's idea of, "Competing on the merits."

      Schwab

    2. Re:The case for OpenGL by HeUnique · · Score: 2

      SGI used to do some OpenGL qualifications tests for hardware - if I recall correctly.

      --
      Hetz (Heunique)
    3. Re:The case for OpenGL by sbaker · · Score: 2, Informative

      When a hardware vendor licenses OpenGL from SGI (this isn't free), he undertakes to run the official OpenGL conformance test suite - which is some humungous software package that (theoretically) tests *everything* in your driver.

      Two problems with that: Firstly, no test suite can *ever* test everything - so every implementation will still have bugs. Secondly, SGI don't seem to actively monitor this compliance testing anymore. It's been said that they don't want to discourage hardware vendors from providing OpenGL drivers by being too heavy-handed about it.

      It's a thin line to tread. Do you allow bad implementations to pollute the standard and thus make OpenGL unpopular with application programmers? Or do you police the standard with a rod of iron and make it too costly for hardware vendors to write allowable drivers? Either one of those policies could kill OpenGL.

      --
      www.sjbaker.org
  3. Read this too by Gusano · · Score: 3, Informative

    You might want to read this too.

    It even mentions MS could put MESA in trouble just by writind a C&D to them.

    Nice world isn't it?

    --
    .oo00OO
    1. Re:Read this too by thoughtcrime · · Score: 3, Funny

      [jarjar]
      MESA OpenGL gonna die?
      [/jarjar]

      --

      ____ _______
      Duty now for the future!
  4. Re:Here we go again. by stevenbee · · Score: 4, Insightful

    No, but if you had a history of violent assault, one might reasonably lay strong odds for the likelihood of you doing it again!

    --
    Don't read this!
  5. pretty shady claims by MORTAR_COMBAT! · · Score: 3, Interesting

    well, the article states that probably the IP referred to was actually created by SGI, and put into the OpenGL standards with the promise of releasing the IP with the standard, i.e., royalty free. Microsoft comes along, buys a bunch of SGI IP (including this vertex stuff), and looks through it and goes, "hrm, now we can crush the OpenGL specification... should we do it?"

    of course they will. graphics cards will end up being Direct3D -ONLY-. no OpenGL acceleration. that kills a ton of XFree86 work, that kills a lot of the Linux gaming work.

    hell, that might kill Linux.

    --
    MORTAR COMBAT!
    1. Re:pretty shady claims by Enry · · Score: 3, Insightful
      hell, that might kill Linux.

      It might kill Linux on the Desktop, but certainly not the server, where Linux has a clear advantage over MS on the 'net.

    2. Re:pretty shady claims by cygnusx · · Score: 3, Insightful

      > that kills a ton of XFree86 work

      Amn't qualified to comment on *how* much X work, but anything that encourages development of alternatives to X is a good thing IMO. Linux _needs_ stuff like directfb etc to catch on if it has to make headway with the Joe User.

    3. Re:pretty shady claims by Citizen+of+Earth · · Score: 2

      and looks through it and goes, "hrm, now we can crush the OpenGL specification... should we do it?"

      I can buy the "hrm, now we can crush the OpenGL specification" part, but I seriously doublt that Microsoft would ever ask "should we do it?".

    4. Re:pretty shady claims by bigjocker · · Score: 2

      hell, that might kill Linux.

      Dont underestimate the power of OS. If (and only if) OpenGL acceleration is to dissapear from cards I can bet that within a year we will have Direct3D acceleration in linux. Be it legal or not, that's another matter, but we will have it, along with YAML*.

      * Yet Another Microsoft Lawsuit

      --
      Life isn't like a box of chocolates. It's more like a jar of jalapenos. What you do today, might burn your ass tomorrow.
    5. Re:pretty shady claims by HeUnique · · Score: 2

      Lets say you got the budget and the people to create the next-ubber-cool competitor to XFree..

      When you'll do the 3D work, you'll need Vertex stuff, which is -> you guessed it, now owned by MS, thanks to SGI's stupidity.

      So your very cool XFree killer can either have 3D without vertex stuff, or can be with vertex, but you'll need to charge your end-users to pay for MS licenses..

      How many Linux users do you know that will actually pull their wallet and pay for this? maybe some graphics studios, but not others..

      --
      Hetz (Heunique)
  6. Microsoft part in it by scott1853 · · Score: 3, Interesting

    Was the OpenGL spec (or whatever MS is claiming part of) a cleanroom implementation or did MS recommend it as part of OpenGL? Are their provisions for clean-room implementation?

    1. Re:Microsoft part in it by HiThere · · Score: 2

      While this is correct, the phrasing is ambigous. So, to rephrase:

      It doesn't matter whether you use a clean room implementation or not. If you do what the patent describes, you must have a license from the patent holder.

      A patent isn't a trade secret. Patents are supposed to be made obvious. A patent isn't a trademark. You don't need to defend it unless you want to. But it's also true that a patent cannot be invalidated without a court deciding that it is invalid. Prior art is one basis for that decision. A clean room implementation is not a basis for deciding that.

      Caution: IANAL

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    2. Re:Microsoft part in it by MindStalker · · Score: 2, Informative

      AMD duplicated the input vs output of Intel while implimenting a system to achieve this other than how the patent describes I believe. But if the patent is broad enough programming a vertex in 3d rendering, not very easy to get around. Sure there are way of rendering the exact same scene without using vertex programming, but its slow.

    3. Re:Microsoft part in it by Rupert · · Score: 2

      No. Patents cannot be bypassed by a clean room implementation.

      --

      --
      E_NOSIG
  7. Trying not to bash Microsoft... by MarvinMouse · · Score: 5, Interesting

    But don't they just make it way to easy lately.

    Like, I don't mind other companies that have tons of products and are making tons of money. Plus, they may have a somewhat stranglehold on industries. But I would have to say the only reason I dislike Microsoft is their apparent philosophy of don't produce good products, kill the competition, and use lawyers as much as possible to help both of the above.

    If MS produced quality products, I wouldn't care much about their attempts at complete world domination. But, since they don't produce quality products because they don't have to with the monopoly they have. (Remember Bill Gate's quote from some book I read recently which said (approximately), "You don't want them to want your product, you want them to think they cannot survive without your product. Then you win." Or in rough translation, "Don't worry about creating good products, just manuever yourself into a position where they have no choice but to use your products."

    Seems about right for MS lately. (Again, I really am not trying to bash Microsoft, just frustrated with what they have been doing.)

    --
    ~ kjrose
    1. Re:Trying not to bash Microsoft... by SteveX · · Score: 2

      >use lawyers as much as possible

      When has Microsoft done this?

      Microsoft has a ton of software patents and whatnot that they could be using to go after competitors but I was under the impression that generally, they don't do this. Since you're saying they "use lawyers as much as possible" can you give me a few examples?

      - Steve

    2. Re:Trying not to bash Microsoft... by HeUnique · · Score: 2

      VirtualDub for example?

      --
      Hetz (Heunique)
    3. Re:Trying not to bash Microsoft... by flacco · · Score: 2
      If MS produced quality products, I wouldn't care much about their attempts at complete world domination.

      People who make arguments like that ignore the fourth dimension.

      --
      pr0n - keeping monitor glass spotless since 1981.
  8. Then it's time to strike back. by Rahga · · Score: 5, Insightful

    I would love to see SGI, Nvidia, ATi, and other leading graphics companys to step it up. You can not tell me that Microsoft hasn't borrowed heavily from patented concepts and ideas that were first implemented by some of these companies. I bet it would be extremely easy for a few lawyers and engineers to get together and build up a solid case that Microsoft did not pay to implement technologies patented by these groups.... The concept of Microsoft INNOVATING any of the concepts embodied in DirectX is absolutely ridiculous.

    1. Re:Then it's time to strike back. by flacco · · Score: 2
      I would love to see SGI, Nvidia, ATi, and other leading graphics companys to step it up. You can not tell me that Microsoft hasn't borrowed heavily from patented concepts and ideas that were first implemented by some of these companies.

      Well, my take on it is:

      1. Microsoft BOUGHT a lot of those patents from those companies.
      2. The companies would NOT have sold them if they were cutting their own throats
      3. A number of proprietary technology companies have concerns about OSS/FS devaluing their companies
      So my guess is that:
      1. Their agreements forbid Microsoft to use the sold patents against the companies
      2. The companies sold the patents with a wink and a nod to MS for the purpose (in part) of hurting OSS/FS.
      In other words, part of the value the previous patent holders get out of the deal is that they can hide behind MS while it does the dirty work - which is, after all, Microsoft's most finely crafted product.
      --
      pr0n - keeping monitor glass spotless since 1981.
  9. Swap Shop by Roger+W+Moore · · Score: 3, Funny

    Actually I was interested to read that MS might be willing to swap IP licenses for OpenGL allowing them to get into the OpenGL market place without the usual expensive startup costs.

    Prehaps this could indicate that they are interested in getting involved with OpenGL and not just shut it down.

    1. Re:Swap Shop by shaldannon · · Score: 2

      Somehow whenever I hear "Microsoft" and "getting involved with" something in the same sentence, I get real nervous. Maybe its the whole embrace and hijack^h^h^h^h^h^hextend thing, but it seriously bothers me.

      The worst part of a scenario where they use IP they acquired to weasel more IP out of the project is that presently they own everything and block people who don't slave for them from using it.

      I realize Microsoft is in business to make money, but I have a hard time with the way they seem to make it by throwing their weight around and extorting money from other people. It's the old 800lb gorilla analogy.

      --


      What is your Slash Rating?
    2. Re:Swap Shop by quantaman · · Score: 2


      Prehaps this could indicate that they are interested in getting involved with OpenGL and not just shut it down


      Rather I suspect they would take all the IP licenses for OpenGL and incorporate them into DirectX. Then they would tell developers why use OpenGL when you get everything and more with DirectX? They than virtually eliminate OpenGL on windows (expect for John Carmack :) and marginalize the market so nothing worthwhile comes out for Mac or Linux. Personally I see 1:1 as them being able to use 2 technologies about equilalent to the ones they found the rights too. Not as them taking every bit of IP associated with the product.


      without the usual expensive startup costs.

      Oh do you mean the 62 million they paid to SGI for a bunch of 3D graphics patents? I think we're at the point where we KNOW M$ is in this for blood. How many times do we have to watch M$ use whatever unsavory /illegal tactics they want to achieve their ends before we realize that if there is something they can do to squeeze even the smallest advantage or profit out of a situation they WILL do it. We need to realize morals and ethics just don't make enough money for corporations and only PR comes into play ther, and M$ is at the point where it is their playground and no matter how rough they play no one has the power to make them feel any concequences. I basically see this situation as the fox tricking a hen into giving him her eggs than asking to be let in the hen house to give them back. Somebody please prove me wrong.

      --
      I stole this Sig
    3. Re:Swap Shop by HeUnique · · Score: 2

      SMB?

      --
      Hetz (Heunique)
  10. OpenGL's future by maynard-lag · · Score: 5, Insightful

    Since I first saw the stories about Microsoft and OpenGL recently, I've been wondering how this is going to play out. Microsoft's whole DirectX thing has largely been targeted/used by games, but what about the other markets that us OpenGL. My specific interest is in the 3-D CAD market. In this particular market, the software vendors and hardware vendors have been exclusively using OpenGL for a number of reasons:

    1) Multiple platform support, (most CAD systems run on unix or started on Unix)

    2) OpenGL existed long before DirectX

    I'm sure there's other reasons, but I wonder if the CAD vendors and other vendors are going to consider DirectX in the future, especially with so many vendors shifting more focus towrads Windows in the last couple of years. What about other markets that use OpenGL extensively?

    --
    Have you hugged your Karma Whore today?
    1. Re:OpenGL's future by PacoTaco · · Score: 3, Funny

      Great, now we can replace the "BSD is dying" thread with "OpenGL is dying." :)

    2. Re:OpenGL's future by pmz · · Score: 3, Interesting

      ...I wonder if the CAD vendors and other vendors are going to consider DirectX in the future, especially with so many vendors shifting more focus towrads Windows in the last couple of years.

      I certainly hope not. UNIX is still a more suitable platform for intensive large-scale CAD, since CAD is one domain where the software can take advantage of everything UNIX and high-end workstations have to offer. For example: multiple high-end framebuffers, large memory space, big CPU caches, multiple CPUs, high system bandwidth, and linear scalability in the operating system.

      I've used Pro/E on both Sun workstations and on decent PCs, and the PCs just leave something to be desired. On the Suns, the image quality is better, Solaris is more consistent and better-behaved, and the whole package just seems to take the abuse better. And, considering the licensing costs of Pro/E, the extra cost for a good Sun workstation really isn't that bad.

      To be honest, I feel that Windows and PCs have cheapened the high-end CAD industry in more ways than just up-front cost. Some good analogies: Replacing a Sun workstation with a Windows PC is somewhat like replacing a BMW M3 with a modded Chevy Cavalier or like replacing a genuine Swiss Army Knife with a cheap Chinese knock-off. Sure the Cavalier will probably get you from point A to point B, but it handles poorly and just feels cheap no matter how much horsepower you think it has. Sure the cheap knife has the same tools, but they break and wear out in no time. Is a PC with Windows supposed to be how we reward our hard-working professionals?

    3. Re:OpenGL's future by nathanm · · Score: 2
      1) Multiple platform support, (most CAD systems run on unix or started on Unix)
      Like AutoCAD? It used to be available on Unix, but now Autodesk is completely in bed with Microsoft.
    4. Re:OpenGL's future by tcc · · Score: 2

      >I'm sure there's other reasons, but I wonder if the CAD vendors and other vendors are going to
      >consider DirectX in the future, especially with so many vendors shifting more focus towrads Windows in the last couple of years. What about
      >other markets that use OpenGL extensively?

      Well not that I really like 3DS but 3D Studio Max 5's press release brags about directX acceleration... So here's one going that way...

      from the site 3ds max 5 also has the best Direct 3D workflow available (it's already DirectX 9 enabled), allowing you to easily add custom hardware Shaders that reflect the world you need to simulate in real time

      --
      --- Metamoderating abusive downgraders since my 300th post.
    5. Re:OpenGL's future by Mandelbrute · · Score: 2
      Also OpenGL runs on X.

      This may not seem a big deal. You can run a finite element package like ABAQUS on an NT box. If you want to do anything that requires a bit more precision you can leave the NT box going for a month or two, but it's a cheaper to run the software on a big IRIX box somewhere (if you have access to such a thing). If you want to see what you are doing X certainly helps.

      Even if you have the fastest machine imaginable that can run a microsoft OS sitting in the building, if it isn't on your desk you won't be able to control the software in real time using a GUI. Even the third party software to display remote desktops won't help, so you'll be running the stuff by text - effectively the same as doing FEA via a VT100 terminal like those who did it decades ago. It's doable, and sometimes more efficent since sometimes the GUIs make assumptions that really slow stuff down - but in most cases having the real time 3D display cuts down the time you spend at the keyboard immensely.

      Fairly trivial modelling problems can take enormous amounts of processing power, and currently nothing that runs a microsoft OS gives you enormous amounts of processing power.

  11. Re:Here we go again. by Col.+Klink+(retired) · · Score: 3, Funny

    Yes, but if you had already taken a gun to school and shot 12 people and were let go, it might be reasonable to assume you might try again.

    --

    -- Don't Tase me, bro!

  12. Circumventing Patents by teetam · · Score: 2, Insightful
    Software patents tend to very specific. Is there no one in the open source graphics community who can discard the MS algorithms and specifically replace them with patent-free algorithms that are atleast nearly as good?

    I remember when Amazon came up with its single-click patent and tried to stop BN from doing the same, BN just added a confirmation page and called it a "two-click" checkout!

    Is it not possible to circumvent MS patents like that? I am not saying that these algorithms have the same trivial complexity, but the generally speaking, this should be possible.

    --
    All your favorite sites in one place!
  13. Re:New War for ACs to fight? by lugonn · · Score: 3, Interesting
    Since they bought the patents from another company (Sillicon Graphics Inc.) they are obligated NOT to alter the license, from it's original form. However, Microsoft feels obligated to force thier inferior tech on consumers, so they WILL change it to favor DirectX.

    Then a court will have to compell Microsoft not to alter the license. Microsoft will basically have to prove the license is invalid. Which would make the patents invalid (i think).

  14. Are there other functions with equivalent effects? by wytcld · · Score: 2

    I don't hack graphics code, but I've used graphics programs enough to know that there are usually a number of ways to get to a particular end result with an image. If Microsoft IP were dropped from OpenGL, are there other functions that would produce equivalent output, or are the patents so broad as to cover what the output even looks like, not just the methods used to get to that look?
    ___

    --
    "with their freedom lost all virtue lose" - Milton
  15. How to Take Over the 3D Industry in a Ten Steps by MBCook · · Score: 5, Interesting
    Here is Microsoft's plan (as I see it):
    1. Get computers to the point where 3D is a possiblity - Done
    2. Get computers to the point where 3D is common - Done
    3. Notice a competitor/3rd party owns the dominant 3D standard - Done
    4. Develop your own standard (Direct3D maybe?) - Done
    5. Refine it to the point where it's actually useable - Done
    6. Help make many of the important features of modern 3D and get it in competitor/3rd party's standard - Done
    7. Point out that you have patents/etc on those parts of the standard and that you will charge large licensing fees on using that standard - In Progress
    8. Use fee to strangle the competing standard - To Be Done
    9. Now everyone is forced to use your software for 3D if they don't want to pay tons of license fees - To Be Done
    10. Watch as competing platforms (let's call them Fruit Computers, and Penguindynamics) die under licensing fees becase you refuse to put your royalty-free API on their platforms - To Be Done
    11. Have a good maniacle laugh - To Be Done
    See how simple that was?
    --
    Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    1. Re:How to Take Over the 3D Industry in a Ten Steps by ryants · · Score: 5, Interesting
      # Develop your own standard (Direct3D maybe?) - Done
      Except MS didn't develop the original DirectX API. It was developed by a company called RenderMorphics (and it was called something like Reality Lab 3D) and Microsoft just bought it.

      This, apparently, is "innovation".

      --

      Ryan T. Sammartino
      "Ancora imparo"

    2. Re:How to Take Over the 3D Industry in a Ten Steps by Dalroth · · Score: 4, Funny
      Sorry, your list was VERY good, however I have to make a few small adjustments to the end of it since I believe you missed one key point. My changes are in bold towards the end.

      1. Get computers to the point where 3D is a possiblity - Done
      2. Get computers to the point where 3D is common - Done
      3. Notice a competitor/3rd party owns the dominant 3D standard - Done
      4. Develop your own standard (Direct3D maybe?) - Done
      5. Refine it to the point where it's actually useable - Done
      6. Help make many of the important features of modern 3D and get it in competitor/3rd party's standard - Done
      7. Point out that you have patents/etc on those parts of the standard and that you will charge large licensing fees on using that standard - In Progress
      8. Use fee to strangle the competing standard - To Be Done
      9. Now everyone is forced to use your software for 3D if they don't want to pay tons of license fees - To Be Done
      10. Watch as competing platforms (let's call them Fruit Computers, and Penguindynamics) die under licensing fees becase you refuse to put your royalty-free API on their platforms - To Be Done
      11. Begin charging fees to your current customers (since they no longer have a choice) - To Be Done
      12. Laugh maniacally all the way to the bank (again) - The Ultimate Goal
      See how simple that was?
    3. Re:How to Take Over the 3D Industry in a Ten Steps by IamTheRealMike · · Score: 2
      # Watch as competing platforms (let's call them Fruit Computers, and Penguindynamics) die under licensing fees becase you refuse to put your royalty-free API on their platforms - To Be Done

      This would work, if Linux was owned by anybody. But it isn't, and Linux users don't have much of a history of listening to lawyers where IP law is concerned. The vast majority of drivers for Linux have been reverse engineered. WineX is a complete implementation of the Windows APIs, and DirectX including Direct3D. DVD encryption was cracked largely by Linux users who wanted it available on their platform. An early version of Sorensen has already been cracked, and I'm sure it won't be long before the latest version is too.

      If OpenGL dies, that'd really suck, as MS would be left in control of the 3D graphics API. However, there would still be implementations for Linux - maybe not as good, but there's not much that can be done about this.

      You know, this story reminds me of another on /. a while ago - open hardware. Some guys were designing a video card and releasing the designs under an open source type license so anybody could manufacture it. I wonder - if OpenGL was killed as an official standard, would it be possible for a new API to be created, relying on cheap no-name manufacturers to cash in on the (growing) market of non-MS machines? With no IP royalties to pay, I can imagine you'd get a good price edge over other cards.

  16. Their claims are probably invalid by dh003i · · Score: 5, Interesting

    The most likely scenario here is that they bought IP from SGI which SGI had given to the OpenGL project under a public/OSS/FS license. Thus, MS' claims are invalid. You can't put something into the public domain and then take it back. Sorry, that's just not permitted. Once something's in the public domain, its there forever.

    1. Re:Their claims are probably invalid by dh003i · · Score: 2

      Yes, but SGI donated their patents to the public domain by allowing them to be used in OpenGL, hence no company can claim restrictive rights on them.

    2. Re:Their claims are probably invalid by spongman · · Score: 2

      I wonder, how many non-MS patents cover technologies within DirectX? I'm sure MS has got to be pretty careful exercising their patents, patents are kinda like nukes: they're nice to have in an emergency, but you really don't want to use them if you can avoid it, 'cos the other guy's probably got a bunch, too.

    3. Re:Their claims are probably invalid by gad_zuki! · · Score: 2

      If this is true then OpenGL deserves to die a painful death. Its hard to believe that this wouldnt happen eventually from a company on the ropes or with an agenda. If there's no licensing agreements to keep one company from ruining the entire project then they have dug their own graves.

  17. Software Patents by bwt · · Score: 2


    This seems like a good case to (re)raise the legal challenge to the patenting of software algorithms. Especially since there are a large number of recentent cases that assert that software is speech. It is the Constitutional duty of copyright, not patents to protect speech.

    A 3-D graphics algorithm is pretty close to the kind of pure mathematics that the Supreme Court has already said can't be patented.

  18. MS has pure Hatred towards OpenGL by ShwAsasin · · Score: 5, Interesting

    It's obvious that Microsoft hates/fears OpenGL. Since the beginning release of 1.1 for Win95, Microsoft has done nothing about releasing the stub/dll source-code, updating the source-code, or even trying to progress the development of OpenGL.

    Time and time again they have attempted to copy and improve upon OpenGL, first with Fahrenheit/XSG, then with DirectX. Yet, through all the technology and resources Microsoft puts in, the masses still like OpenGL.

    The principals of OpenGL are the same as the day it started with IrixGL. Keeping it simple, functional, and cross-platform. Although Microsoft has gone great strides with DirectX API, they have nowhere near the simplicity of OpenGL. And with the Alternative OS's supporting OpenGL (Mac OSX, Linux, FreeBSD, Solaris, Ps2Linux, etc...) there are more emerging platforms which they cannot touch.

    Game/Multimedia Developers are starting to realize that Linux and other platforms are decent for games, and are developing software for them. No, Linux isn't going to take over the world tommorrow because it has OpenGL, but think of this: If a developer gives both the Linux Binary and the Windows Binary, wouldn't you be curious to compare speeds between the two? People would problably spend the extra $0-5 difference for a dual-os game starting the eventual craze. It only takes a few people/companies to start a revolution.

    Microsoft is trying to attack every angle of the industry to focussing our attention on their superior product, yet nothing screams superior when their is a true choice and competition in the market.

    1. Re:MS has pure Hatred towards OpenGL by spitzak · · Score: 2
      I agree nobody is going to pay extra for the two-system game. However putting both versions on the disk for the same price may work. Id software did not release the Linux version at the same time as the other version and charged significantly extra for it, if I recall. It was doomed to failure. However I think if porting to Linux was easy there may be some companies that put the Linux copy on the disk at the same time they release it for Windows. It doesn't even have to work very well, just recompile without any tweaking for performance, the game would probably be pretty popular amoung Linux people.

      My experience with OpenGL on both Wind32 and X is that the Win32 initialization is actually slightly cleaner. X's big loss is that you have to decide you are going to use OpenGL before you even create the window (because of those damn visuals). MicroSoft's WGL big loss is that you cannot share OpenGL contexts between windows and you must destroy them when you destroy windows. MicroSoft's method of supporting overlays is better than the X one where they are a seperate window, in particular they provide a call that can swap both the overlay and main window together. I have seen lots of bugs in the NT version of OpenGL, however, such as lines and text not drawing in the foreground buffer.

      Neither the X or Win32 system is "good" for any reasonable definition of the word "good". I should be able to draw using OpenGL into *any* window, at *any* time, by telling it to "draw into this window" with one call. I don't know who designs this stuff...

  19. Re:Patent Rights by Merlin42 · · Score: 3, Informative
    Wasn't anyone else suspicious when they magically created DirectX a few years ago? (Emphasis mine)
    M$ Purchased what is now Direct3D from RenderMorphics(at least that is the name that comes to mind ... it was definately something just as odd sounding). It was a software oriented 3d rendering library, which is the source of much of its awkwardess. IMNSHO

    <rantmode>
    I don't know if this has changed recently, BUT when I looked into Direct3D a while back I ran across a show stopper for what I was working on. If you use ANY double precision fp math in your code the FPU needs to be 'reset' every time it went into D3D code. This sent performance down the crapper. This basically makes it useless for scientific style applications.
    </rantmode>

  20. The key is this phrase - get used to it by Anonymous Coward · · Score: 5, Insightful

    Microsoft hinted that it would prefer an alternative licensing arrangement. At this month's OpenGL meeting, Microsoft representative Dave Aronson suggested that "other bodies have licensing terms that are more effective in a corporate sense, and we should look at adopting some of those terms."
    This is something we'll begin to hear a lot - Microsoft will do license fees of $0.00 for many of their technologies, but restrict the platforms to non-open ones. The real target here is not OpenGL but rather Open Source. The lack of fee will give them the ability to say "look, we're giving it away" to deflect the attention away from the restrictions in the license.
    I'm sure they'll be "super excited" about the resulting "ecosystem".

    1. Re:The key is this phrase - get used to it by Bagheera · · Score: 2

      It seems the "non-discriminatory" clauses would be an issue here. Saying "you can use it on anything that's not (insert favorite OpenSource licenses here)" is VERY discriminatory.

      MS has already been found guilty of anti-trust violations. The appeal wasn't on guilt, but on the penalty. An attack against OpenGL is just another case of them dealing in anti-competitive practices.

      --
      Never attribute to malice what can as easily be the result of incompetence...
    2. Re:The key is this phrase - get used to it by HeUnique · · Score: 2

      I belive (I can't belive that I type this, but here goes) that MS got their full rights to do what they're doing today...

      Anyone of the readers here (if he/she got the money) or any company who got the money - could have bought the patents from SGI and start demanding money from the OpenGL ARB.

      I belive (as I wrote here today) that it was SGI stupid move to sell those patents to MS (why not grant them a very limited license?) instead of selling it to a more OpenGL friendly company like NVidia...

      Thanks to SGI stupid move - we'll be screwed..

      THANKS SGI!

      --
      Hetz (Heunique)
    3. Re:The key is this phrase - get used to it by Bagheera · · Score: 2

      Interesting point. Yes, if in fact MS bought the IP from SGI, then they're exercising "their" rights - though the "intelect" isn't theirs. The point I see though is that if SGI originally released that property to the wild, the "right" of the new owner to recall said right is questionable. If it was originally released under some kind of Open Source source agreement, that agreement should still be valid.

      Second, their "just protecting 'their' property" can, and should, be seen as the anti-competitive ploy that it is. The ONLY thing they stand to gain from this action is to strengthen their monopoly - which has already been found illegal.

      The hardware/software community aren't the ones who need to step up here, it's the Justice Department who needs to enforce their own rulings.

      --
      Never attribute to malice what can as easily be the result of incompetence...
    4. Re:The key is this phrase - get used to it by Bagheera · · Score: 2

      I wish you were wrong about this. It's hard to be an idealist in the Corporate States of America.

      Side note: My father was a Professor of American History at Penn State, teaching the Revolutionary War period. I was steeped in that stuff as a kid. With the way things have been going, we could solve our power problems by wrapping belts around the Founding Fathers, hooking them to generators, and letting them spin with the Old Guys turning over in their graves...

      It's sad. It's really sad.

      --
      Never attribute to malice what can as easily be the result of incompetence...
  21. Re:Make a buck? by NorthDude · · Score: 2, Interesting

    Yeah, but at work, I do not make my clients sign contracts which forbid them to hire any other programmers but me. I do not stay silent when my coworkers, who need to interoperate, ask me about how I implemented a certain module in order to steal their idea, devellop it and them go to my boss saying that I did it because they could not. I do not charge 3x my salary if my employer ever break the agreement. And I have never ever sued someone because they had reverse engenired a previous application I made so they could integrate their new one with it. Anyway, I don't have the power neither the motive to do so.

    Get a clue, it's not them trying to be successfull, it's them being everywhere, playing the king of the hill and pushing everyone else down. That game may have be fun as a kid, but when you talk about economy and consumers rights, it is not a game anymore.

    --


    I'd rather be sailing...
  22. Direct X by macdaddy · · Score: 2

    What a great way to promote Direct X. Make the other possibility too expensive to license. And the DOJ thought M$ was a monopolly.

  23. Re:Here we go again. by MrResistor · · Score: 2

    People don't worry about what Microsoft might do because they hate Microsoft, they hate Microsoft because they have to worry about what Microsoft might do.

    --
    Under capitalism man exploits man. Under communism it's the other way around.
  24. Re:Are there other functions with equivalent effec by WinterSolstice · · Score: 2
    Yes. I do stuff with OpenGL frequently, and there are ways around almost anything. This would just make it annoying, and piss off a lot of people.

    The worst part is that companies like Sony and Nintendo use a lot of OpenGL too. They are not exactly light-weights, and I'm sure they would simply create custom APIs. . .

    Of course, that would certaintly hurt the xbox. I can just imagine the whining that would result if Sony and/or Nintendo decided to use secret "really neat" custom APIs. MS would then have to compete feature for feature with black-box code, in an area where they have very little experience. MS would have to Optimize the code, or throw amazing amounts of hardware (compared to the competition), and still have to sell at the same price.

    -WS

    --
    An operating system should be like a light switch... simple, effective, easy to use, and designed for everyone.
  25. Re:Are there other functions with equivalent effec by HiThere · · Score: 2

    I don't think that they've actually made it clear exactly how much they intend to claim is covered. If they have, then I haven't noticed it.

    It seems pretty clear that the 2D work isn't covered. And I'm sure that they will claim that the patent covers a lot more than anyone else would consider reasonable. So far the references seem to refer to "vertex shading", but to me, at least, that's a bit ambiguous.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  26. Wait a minute! by 3seas · · Score: 3, Insightful

    If this what a lawyer is telling us, then why can't he determine one way or the other what the bottom line is?
    Perhaps it's just FUD. Hasn't any Patent lawyer looked over the issue, outside of MS?

    And if MS bought some IP from SGI and this caused the problem, the where else can MS buy up IP and cause problems?

    Shouldn't such an issue be the focus....to remove such a possibility before MS makes things worse?

  27. Talk to Microsoft by red_gnom · · Score: 2, Funny

    Com on guys, let just ask Microsoft politely to contribute to the Open Source community. I am sure they will understand. After all every major company contributes.

  28. I'm sorry, but MS Produces EXCELLENT Games by cybrthng · · Score: 2

    I don't know if we are talking about the same company, but Microsoft has produced many amazing games.

    Flight Sim 98, 2000, 2002, Combat Flight Sim 1, Combat Flight Sim 2, Links, MechWarrior, MotoCross Madness... not to mention all there Xbox games that kick ass.

    I'm sorry, but Windows 2000 runs just fine, Windows XP runs just fine, Office 2000 is a great suite, Microsoft Money is a life saver, and i can go on and on.

    Just because YOU don't like there product, doesn't mean you can speak for the millions that DO like there games.

    Flight Sim 2002 alone is worth every damn penny, and without microsoft a game that advanced wouldn't be available for the 39.00 you can purchase it at. Good simulation programs can run upwards of 200 bucks, and have alot less features!

    1. Re:I'm sorry, but MS Produces EXCELLENT Games by cybrthng · · Score: 2

      " But I would have to say the only reason I dislike Microsoft is their apparent philosophy of don't produce good products, kill the competition, and use lawyers as much as possible to help both of the above.

      Okay.. there is an opinion.. a agree, i expressed mine as well

      "If MS produced quality products, I wouldn't care much about their attempts at complete world domination. But, since they don't produce quality products because they don't have to with the monopoly they have"

      Now that is just the typical stuff i see here, day in and day out.. Share an opinion and then follow it up with an assumed fact.

      I guess i'm not allowed to post my opinion and a simple fact either?

      oh well

    2. Re:I'm sorry, but MS Produces EXCELLENT Games by nathanm · · Score: 2
      I don't know if we are talking about the same company, but Microsoft has produced many amazing games.

      Flight Sim 98, 2000, 2002, Combat Flight Sim 1, Combat Flight Sim 2, Links, MechWarrior, MotoCross Madness... not to mention all there Xbox games that kick ass.
      Not a single one of those games were developed in-house by Microsoft. In some cases MS acquired the original developer, and the rest are developed elsewhere and published by MS.
      I'm sorry, but Windows 2000 runs just fine, Windows XP runs just fine, Office 2000 is a great suite, Microsoft Money is a life saver, and i can go on and on.
      Running just fine is really personal preference. I actually liked Office 97; 2000 has nothing added that I want. Unfortunately, we were forced to upgrade at work because Office 97 refuses to work properly in a multi-user Win2k environment. I absolutely loathe their forced upgrades!

      By the way, none of the components of Office (and IE) were originally developed by MS. They were acquired or licensed from others.
      Flight Sim 2002 alone is worth every damn penny, and without microsoft a game that advanced wouldn't be available for the 39.00 you can purchase it at. Good simulation programs can run upwards of 200 bucks, and have alot less features!
      It might seem like a good value, but only because game prices are so inflated to begin with.

      Besides, there are flight sims available (with source code) for free (beer & speech senses) like FlightGear. Or there are much more advanced flight sims available for under $100 like X-Plane.
    3. Re:I'm sorry, but MS Produces EXCELLENT Games by HeUnique · · Score: 2

      You're talking about GAMES, while OpenGL has been mostly used in development 3D Applications (OK, some games like Quake uses OpenGL).

      The big problem here, is once SGI foolishly sold those patents to Microsoft (instead of NVidia for example), They effectivly allowd MS to stretch the OpenGL ARB for royalties and effectivly kill OpenGL (forget free OpenGL if you need to pay per copy for MS patents).

      --
      Hetz (Heunique)
    4. Re:I'm sorry, but MS Produces EXCELLENT Games by flacco · · Score: 2
      I don't know if we are talking about the same company, but Microsoft has produced many amazing games.

      And the dealers on our local main street sell excellent crack.

      And the transvestites outside the local dive hotel give excellent reach-arounds.

      --
      pr0n - keeping monitor glass spotless since 1981.
  29. After all, it is the xbox selling millions of GPUs by cybrthng · · Score: 2

    With 6 million xboxen built, it should be Nvidia thanking microsoft.

    I don't see Sony buying up OpenGL to use it as a standard either... atleast if they do, they don't publish it and make it widely known.

  30. Re:The case for DirectX by cybrthng · · Score: 2

    OpenGL only solves one problem, and that is the Graphics.

    DirectX provides an API all aspects of deployment and operations. You get Sound, Video, Graphics, Networking, Device integration (Joysticks/Mice/Yokes...) and more.

    DirectX has a plethora of COMMERCIAL support and addons to make producing software easier, cheaper and quicker.

    I have yet to see a developer who likes one over the other since they both can be a royal pain to develop with.. Atleast with DirectX microsoft has a vast library of resources, demos, and code to throw at you.

  31. OpenGL is very vulnerable to stuff like this... by kabir · · Score: 5, Informative

    ... and it doesn't take MS to cause problems. The general consensus amongst developers who use the more advanced OGL features (pixel and fragment shaders/programs, etc.) is that things are currently a mess.

    OpenGL is comprised of a central body of standard functionality which _must_ be implemented in order to use the name OpenGL. Additionally there's an extension mechanim which allows IHVs (like NVidia, ATI, etc.) to implement their own funcitonality which isn't currently a part of the core standard. That's how we have Fragment/Pixel shaders/programs today, as IHV extensions from NVidia and ATI. This system tends to work pretty well, but you start to get into problems with the interface. Essentially what happens is that all the IHVs decide that they need to do something along the lines of vertex programs (a way to manipulated verticies after they have been passed to the GPU, more or less), which is true. It's a cool feature any everyone likes it. Since they're being implemented as IHV extensions they're not standardized at all, so if you want to use a vertex program from NVidia you have to use their vertex program assembly language, but if you want to accomplish the same thing on an ATI card you have to use _their_ vertex program assembly (which, by the by, tends to follow a completely different model than NVidia), ad naseum.

    Naturally all of this is a pain in the ass for developers. You now not only have to have different rendering paths for the various combinations of available extensions, but you have to write the same routines in drastically different languages to support a given set of functions.

    Now getting all of this into a standard extension to the core API is supposed to solve some of these problems, but the IHVs aren't totally in favour of that as they then lose some product differentiation/control/etc. Mind you, this bit is speculation and observation, I don't actually know what the IHVs are thinking, but history shows that they sometimes have trouble working together ;) In any case, there's been a lot of stalling over this issue due to that sort of crap as well.

    And it's exactly these kinds of disagreements that are holding up OpenGL 2.0, which is supposed to directly address many of these problems. NVidia, for instance, has CG, their high level shading language. CG can be compiled down to their proprietry shader code (for use with NV_* extensions on NVidia cards) and, _in theory_ down to the proprietary code for other cards. However, for that to actually work ATI, etc. need to create so called "profiles" which allow the CG compiler to do it's thing. Clearly NVidia wants some degree of control/name recognition/whatever here... in the case where CG takes off you'd need to get your dev tools from NVidea regardless of which cards you're targeting. Now this idea is in direction competition with the OpenGL 2.0 proposal, which gives much of the same functionality but via a standard set of interfaces that replace current IHV proprietary code rather than a compiler ship on the top. Natrually this makes NVidia a little less enthusiastic about OpenGL 2.0 in it's current (proposed) form.

    And on, and on, and on.

    Right about now DX 9 (really the D3D componant...) is starting to look pretty damn good to a lot of us. It's got standard interfaces for pixel shading, etc. that just work with the various cards, it's a much improved API from it's early days, and given all the extension thrash it's much easier to write clean, readable code under D3D than OpenGL anymore.

    Of course you're screwed if you need to port, but that's the plan, right?

    The point of all this is simply that while MS is certainly doing their part to muck about with OpenGL (like not updating the damn dev tools since OpenGL 1.1!!!) they're not alone in that hobby. IHV squabbles have always been an issue in that area, and MS' best tactic to date has been to take advantage of the slowness of the ARB (often arising from IHV squabbling) and run right on by with their own API. So their adding to the infighting isn't really that much of a change to the situation, as I see it.

    --
    Behold the Power of Cheese!
  32. If Office 2000 is the best you can do... by Thag · · Score: 2

    ...you're in trouble.

    Because I use Office 2000 every day, and it's not even remotely a good product. It's a feature landfill. It's terminally buggy. The documents spontaneously corrupt themselves in MANY ways. And it still has well-known bugs in it from Word for Windows 2.0, not to mention misfeatures like fast save and Master Document which NEVER worked in the first place.

    It's not even as good a product as Office 95 was.

    Jon Acheson

    --
    All opinions expressed herein are my own, and not those of my employers, who are appalled.
    1. Re:If Office 2000 is the best you can do... by cybrthng · · Score: 2

      Must be your PC. Runs great for me. I have probably 5,000 pages of documentation for all the applications, servers, networks and systems that i run. (all saved in HTML as well.. but html is a pain in the arse to edit in this much quantity)

      I couldn't possibly do it in any other product as easily and affordable as i can in office 2000. Powerpoint fits in nicely, my visio drawings are where i want them and formating is easy.

      I have yet to find an office suit as STABLE as Office 2k.

      I never liked 95 since it doesn't have the document integration that i need.

  33. But of course! by Black+Parrot · · Score: 2

    > An IP lawyer says that Microsoft could make things difficult for OpenGL if they feel like it, basically.

    When you've got billions of dollars in the bank, you can make things difficult for anybody if you feel like it, basically.

    --
    Sheesh, evil *and* a jerk. -- Jade
  34. Re:It seems as if . . . by BCGlorfindel · · Score: 2, Interesting

    Of course it would be better to avoid using someone else's IP in designing anything. The problem is that MS's IP in this instance covers a crucial technology to ANY 3d api using vertex/pixel shader technology. It is general enough that the only choices out there are to 'use' this IP or to have no support for programmable shaders. If the OpenGL board has to they can argue the patent is merely common sense and most likely get it over turned. I really don't foresee this happening though. Many companies in the past have owned IP used by OpenGL and it has always been allowed.

  35. Re:DirectX as a response to OpenGL by spongman · · Score: 2

    yeah, DirectX was just a natural extension of the WinG libraries that provided fast but abstract bitmap access to the framebuffer (and that's basically what the 2d DirectX stuff still does). they also bought the rendermorphics stuff for (initially software) 3d support and provided a somewhat generic driver interface so IHVs could support their cards. they already had a mini-driver-based OpenGL system for NT (primarily to support SoftImage on NT, I think) but that didn't work well on Win95. They did acually have a version of the OpenGL mini-client-drivers for Win95, but I don't think they were ever shipped - it was up to the IHVs to provide their own implementation.

  36. I Vote by SomeOtherGuy · · Score: 2

    they take the "open" out of "OpenGL" if Microsoft is going to be involved. With those kind of War Chests -- they could convince a jury that water was wine.

    --
    (+1 Funny) only if I laugh out loud.
  37. Re:Not too surprising by WowTIP · · Score: 2

    Redmond delenda est. :)

    --

    --

    "I'm surfin the dead zone
    In the twilight, unknown"
  38. Why Do They DO These Things? by Compulawyer · · Score: 2
    Not M$ in this case, but ZDNet. The attorney they quoted does not appear to have any special expertise in patent law -- he appears to be more into licensing. He also is not listed as a Registered Patent Attorney in the USPTO database.

    Essentially then, M$ stated at an OpenGL meeting that it has some patents related to graphics. The article says NOTHING about any application of those claims to OpenGL technology in use, the validity of the patents, or any other of a host of issues.

    The article slants slightly toward the view that M$ can make things really problematic if it wants but that simply may not be true. As far as I am concerned, in my opinion as a registered patent attorney, there is no story here unless and until M$ shows an issued patent and describes how the claim reads on OpenGL. Move along folks -- there's nothing to see here.

    --

    Laws affecting technology will always be bad until enough techies become lawyers.

    1. Re:Why Do They DO These Things? by Compulawyer · · Score: 2

      PS -- The attorney's comments appear to be reasonable, but are reasonable speculation based on the assumption that M$ has enforceable patents that actually cover OpenGL technology. ZDNet did a disservice by the way the quotes were used to give the impression that M$ was lurking out there setting the statge for a patent infringement suit if OpenGL users did not pony up fees.

      --

      Laws affecting technology will always be bad until enough techies become lawyers.

  39. Well, watch me get flamed... by Mongoose · · Score: 2

    I'm about tired of all this MS this and that. I say why bother honoring their patents. I don't no many people that would honor bad faith laws in any thing else. Just because it's law doesn't mean it's just.

    In Rome they used to round up and kill christians, but now look at how much authority the papalicy has there. Laws change when groups act and grow to the majority. Everyone that can should push to shut out groups that abuse patents. You can't invalidate contracts retroactively in the US I thought.

    British Telecom claims to own hyperlinking for example, and I don't know any person, government, or company giving in on that...

    If everyone not just ignores but protests the law/patent then it can be invalidated.

    -------------
    offtopic
    -------------

    Also remember MS doesn't have all the money they claim -- they use various Enron accounting techniques like wages paid in options, pro forma numbers, and cookie jarring to report false profits. I wouldn't expect the SEC to do anything to them since they're the biggest big cap, and it would hurt the larger markets.

    When you see someone saying 'MS has $XXB', please remind them that's not true. I'm willing to bet that they're actually operating at a loss. Look at how they're trying to con schools and companies with over charging... that's enough of that.

  40. Agreed but, by Steveftoth · · Score: 2

    I don't think that nVidia should feel that MS owes them anything, since if the tables were flipped, MS would stab them in the back. Or at least I speculate that MS would, but only based on prior actions on their behalf.

    I hope that MS subsides the next X-Box as much as they are this one. That would be cool ;)

  41. Time limit on patent infringement claims. by Restil · · Score: 2

    While some issues of patent law makes sense... the very fact that a company can sit on their hands for 10 years while waiting for a product to achieve worldwide appeal, THEN reveal that they own a patent on that product and pick up the market without doing any of the gruntwork to promote it, is just atrocious.

    Microsoft knows about OpenGL. They know what it does, they know what features it supports. If it takes them 10 years to figure out they have a patent which OpenGL infringes on, then that patent was probably a waste of money, since its pretty clearly not getting a whole lot of use, or someone would have noticed it before now. Unless, of course, they wanted to wait awhile first. Unfortunately, the law lets them do just that.

    I don't know about you, but if I paid $20,000 for a patent on something, and some company was going to town marketing an infringing product, you better believe I would be publically screaming about it, sending letters to cease and desist, filing motions in court. There would be none of this sitting around waiting crap. If I put forth the risk to secure the guarantee on the exclusive nature of my product, you can bet I wouldn't want another company stealing my thunder in that regard.

    Now, I don't buy into patents in that manner, especially when it comes to software. yes, I can patent my mousetrap, but if someone makes a better mousetrap, they have that right, free and clear, and I'm not guaranteed anything from there. You can't patent ideas. So you wrote a vertex shader. Good for you. Unless I'm copying your source code, its not a legal issue. And even if I am, its a copyright issue. The ability
    to patent algorithms is all but silly.

    However, as it stands, that's the way the law wants to work. Fine. But if you've patented some silly algorithm, you better not sit on your hands while someone else does a lot of hard work to develop it in parallel, promotes it, perhaps even patents it (a patent office that allows you to patent the wheel and swing motions cannot be
    trusted to catch duplicate patents), and sells it, only to step in later and tell them to hand it all over. There needs to be a time limit on making claims once knowledge of the product is discovered. Not knowledge of your own patents, you're already supposed to know about those. That's what legal departments are for. Wait longer than 6 months, you forfeit the right to claim infringement later.

    At least, that's how it should be.

    -Restil

    --
    Play with my webcams and lights here
    1. Re:Time limit on patent infringement claims. by Sloppy · · Score: 3, Insightful
      the very fact that a company can sit on their hands for 10 years while waiting for a product to achieve worldwide appeal, THEN reveal that they own a patent on that product and pick up the market without doing any of the gruntwork to promote it, is just atrocious.
      Yes, it is atrocious. But I get the impression that's not what happened. The patent may be one of those that they purchased from SGI a few weeks ago.

      It may be the case that SGI has just fucked everyone, by licensing a patent for free for many years, letting it become part of a standard, and then irresponsibly selling it to someone that they knew would stop licensing it for free, in order to eliminate the standard.

      (Ohmygod, that was one sentence? I'm sorry.)

      It's not the classical "submarine patent" scenario, though it is similar.

      It's past time to really, really, get rid of predatory patent abuse, once and for all. I think we're going to need to hire Congress for this one, assuming they're willing to deal with walk-in customers instead of established clients.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  42. death by 1000 cuts by frovingslosh · · Score: 3, Insightful
    It might kill Linux on the Desktop, but certainly not the server, where Linux has a clear advantage over MS on the 'net.

    Kill it on the desktop, and you come a step closer to killing it in the server market. Less people with experience in Linux leads to more unfortunate uninformed MS server choices. It's not like this is M$'s only attack on Linux, they clearly understand the concept of death by 1000 cuts.

    --
    I'm an American. I love this country and the freedoms that we used to have.
  43. "where else can MS buy up IP and cause problems?" by tlambert · · Score: 2

    MS can pay me *one hell of a lot of money*, and then I would probably be willing to answer this question.

    I'll be damned if I'm going to identify all of their competitor's weak spots for them for free.

    Nice try, though...

    -- Terry

  44. King George, come back! All is forgiven! by tlambert · · Score: 2

    Really!

    Intellectual property law in this country has gotten out of hand!

    The IRS is a private corporation, 60% owned by British interests!

    Taxation *with* representation sucks as bad as taxation *without* representation!

    (Don't blame me, I voted for Khodos Perot!)

    The UK seems to have avoided the patenting of software, and human genes... and it was your astute guidance that did it!

    Oh, King George, Where Are You now!!!

    Come Back To US, George!!!(*)

    -- Terry

    (*) Offer not valid in New Jersey or the District of Columbia; some restriction may apply. See your dealer for details.

  45. perhaps by Trepidity · · Score: 2

    But most companies don't care, so don't even bother calling themselves such. What they want is to be able to say "compatible with Microsoft(r) Windows(tm) 95, 98, ME, 2k, XP" on their box. They don't care about "certified 100% OpenGL(r) compliant" labels. In fact as mentioned, many video cards didn't even pretend to be OpenGL compliant for a long time -- 3dfx only shipped a "MiniGL" driver that supported exactly the subset of OpenGL that Quake used, because that's the only thing anyone used OpenGL for anyway.

  46. I don't think you can do that by Trepidity · · Score: 2

    There's no such thing as "donating patents to the public domain" as far as I know. What you can do is grant a blanket royalty-free license to use your patents. But I don't think there's anything to stop you from rescinding the license.

  47. which they are allowed to do by Trepidity · · Score: 2

    Unless there was actually a contract signed stating that these patents would be licensed in perpetuity under a no-royalty license. Then Microsoft charging for its patents would be breach of contract. But I'm not aware of any such contract -- just implicit agreements, which aren't legally binding.

  48. Too Late by fm6 · · Score: 2

    Didn't Rick Belluzo settle all this when he was President of SGI? Just before he went to work for Microsoft, of course.

  49. MS not a threat to SGI, NVIDIA, ATI, etc. Only GPL by AHumbleOpinion · · Score: 2

    I would love to see SGI, Nvidia, ATI, and other leading graphics companys to step it up ...

    Why would they? It is not their role in life to support Linux and other GPL'd software. As a matter of fact it would simplify NVIDIA's and ATI's life if they didn't have to support Linux.

    Keep in mind that the "fair" licensing terms will probably be very fair to NVIDIA, ATI, and other commercial outfits. The only group likely to be screwed are the GPL based folks, MS is likely to have an "anti-viral" clause in their IP license that will be incompatible with GPL.

  50. How is this not an anti-trust issue? by flacco · · Score: 2
    Can anti-trust concepts be extended to patents?

    If a single company effectively controls an entire segment of a market by virtue of its patents, is that monopolist?

    --
    pr0n - keeping monitor glass spotless since 1981.
    1. Re:How is this not an anti-trust issue? by Animats · · Score: 2
      Yes, it is an antitrust issue. If you have a dominant position in an industry, bolstering it with patents raises antitrust issues.

      If the Justice Department's antitrust division wasn't out to lunch, something might happen here.

  51. Article was fluff by werdna · · Score: 2

    It proffered no meaningful analysis of the scope or nature of Microsoft's claims -- offered no insights drawn from 18 month publications, and took no account of obvious and likely strategies that could be taken to counter the "threat" of an abuse of IP ownership in these contexts.

    The time is long since past due that a community of open source developers and technicians need to develop a portfolio of technology patents to cross-license against such threats. If significant standards were so protected, even a Microsoft could not long resist the need to "quid pro quo" its blocking technologies, even if it had some.

  52. listen now you will by jafac · · Score: 3, Insightful

    Nobody believed "us" back in the day when MS first adopted Java. We all TOLD YOU SO! That Microsoft was going to embrace and extend the standard, and fuck it up so that it would not work properly on Windows.

    Oh no, you said. We were just a bunch of paranoid unix loving long haired hippies that needed a bath and got off on bashing Microsoft because they were the embodiment of "the man".

    Here it is, 2002. See where Java on WIndows is today.

    Back in the 80's we told you that NOBODY was going to be able to stop Microsoft. You told us in 1993 when the DOJ sued them for anticompetitive behavior that that was it for MS. They got the consent decree in 95, and wiped their asses with it and stuffed it in the judge's mouth. Then in 1998, when the DOJ came a knockin again, you said - that was IT, no more mister nice guy, they'll put a stop to that evil Microsoft, but we'll keep running Windows over here in our little corner, because it was "most compatible" "most convenient".

    Well, look. Here it is, 2002, no sign of a settlement with any degree of teeth - Microsoft has it's fingers in nearly every aspect of computing, and has extended into entertainment, banking, even fucking HISTORY for christ's sake (buying DaVincci's stuff and locking it down). And there you people go, still saying Windows is great, Office is a great app, etc. Well, thanks. You've sold us all into slavery.

    You'll now say - don't worry, they won't close off OpenGL (hm - I wonder if they think if all that money they spent on marketing XBox was effective. OF COURSE NOT! Not until they kill of OpenGL). You say, they won't close off identity and privacy (.NET, Palladium).

    Dude, we're living in a totally fucked up world.

    --

    These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  53. Embrace, Extend, Extinguish by bill_mcgonigle · · Score: 2

    Fool us once, shame on you, fool us for the eighty-seventh time...

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  54. Re:If they INSIST on calling it 'property' by erroneus · · Score: 2

    Actually, that's pretty freakin' ingenius!!

    Where was your idea when the decisions about solutions against the Microsoft Antitrust trials were being weighed?

    Actually, is it too late to make that suggestion? Since one of the offending products is MSIE, then perhaps MS should have it expropriated to the public. Imagine the possibilities.

  55. Interesting for Apple by tm2b · · Score: 2

    Mac OS X uses OpenGL...

    But recall that when Apple and Microsoft had the love-fest when Steve Jobs first returned to the helm, Apple and Microsoft agreed to cross-license their patents. So Apple's use of OpenGL is in the clear.

    --
    "It is our blasphemy which has made us great, and will sustain us, and which the gods secretly admire in us." - Zelazny
  56. well by Trepidity · · Score: 2

    To revoke licenses that have already been granted, yes. But there's nothing to stop them from granting further licenses, meaning no further implementations.

    This isn't like the GPL, where you can't rescind it because it allows other people to pass on the license. With the GPL, the original company could decide to stop licensing the code, but you could still get the already in-the-wild code from someone who already has it, who can then license it to you under the GPL. I doubt the royalty-free patent license OpenGL uses is a viral GPL style one though.

  57. You're right. by EnglishTim · · Score: 2

    DirectX was already at version 3 when the first OpenGL game came out (GLQuake) - even then it was only using a GL minidriver.

    Up until that point all 3d-accelerated games had all been written specifically for certain cards - i.e. 3dfx, Rendition, PowerVR etc...

    Direct3D was much more a way of freeing developers from writing a different engine backend for every graphics card out there, and a way of persuading developers to write their games in Windows rather than DOS (there were still a lot of DOS 3d-accelerated games out there then!). At the time nobody really considered OpenGL for game use because the consumer cards out there didn't support OpenGL - To be a proper OpenGL implementation, you have to support *all* the base OpenGL features. This was unlike Direct3D, in which you didn't have to and the capabilities of the card could (allegedly) be found out by querying the driver. Therefore, none of the consumer cards had OpenGL - as to have a full driver, quite a bit of functionality would have had to have been implemented in software - not acceptable for gaming.

    It wasn't until 3dfx got together with id and they produced the GLQuake/3dfx miniGLdriver combination that people started considering OpenGL, and just ignoring the parts of the standard that they couldn't do on their cards.

    Therefore, in many ways the article has it the wrong way round - OpenGL for consumer cards was in many respects a reaction to DirectX, and the fact that people wanted an alternative to Direct3D which at the time was still rather rough around the edges.

  58. Re:New War for ACs to fight? by tommck · · Score: 2
    How can this help my business? Why is this great from a business perspective when a lot of businesses will be threatened. This will be terrible for business.

    Not _your_ business, dumbass! Microsoft's!!

    T

    --
    ---- It puts the lotion on its skin or else it gets the hose again. It does this whenever it's told.
  59. Re:MS not a threat to SGI, NVIDIA, ATI, etc. Only by AHumbleOpinion · · Score: 2

    They don't have to now, either.

    You are mistaken, they have to because a non-trivial number of people using Linux want to buy their cards.