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Microsoft's Patent Problem
pens writes "Microsoft suffered utter defeat at a crucial pretrial hearing in what appears to be the highest-stakes patent litigation ever--one in which a tiny company called InterTrust Technologies claims that 85% of Microsoft's entire product line infringes its digital security patents."
Here come all the knee-jerk rally-behind-Microsoft comments.
...and rebuked the company's lawyers for wasting her time by promising proof that never materialized--legal vaporware, in essence.
As far as I can tell, the patents that InterTrust owns cover the technology; They don't go into details on accomplishing what they describe.
Q1. What if Microsoft developed a way to carry out their authentication (using these trusts) either
1. On their own or
2. Without even hearing about InterTrust's patent?
Q2.In the case of #2, everyone is probably saying "It doesn't matter..." but if this was the case, how would/did InterTrust find out about it? Microsoft doesn't leave their source code lying around the internet; Now they do give SDK's, but (at least prior to .NET framework), the SDK is vague on how things like authentication happen. If you want to learn about NTLM, you need to go to a site like Security Focus. The helpfile in any SDK that Microsoft releases will not talk about the underlying technology (or lack thereof...heh)
Of course, I'm not against suing Microsoft, but I'm just curious as to how this whole suit came up... Maybe someone else out there can enlighten me?
While it's tempting to get a laugh out of a little company handing it to Microsoft for its use of DRM technology, of all things, this is yet another B.S. piece of patent litigation. InterTrust, according to the article, is now nothing more than "a patent portfolio, 30 employees, and this lawsuit." Microsoft, like all other technology corporations, has its own bulky patent portfolio --- which is useless defense against a company that makes no use of its own patents, much less anyone else's.
It'd be funny if Microsoft used its considerable political influence to fix this patent problem, and wound up killing SCO as a side-effect. Hey, it may be cheaper than licensing DRM from InterTrust...
If you were a security software company, would you really want to advertise that you were at all responsible for the security behind any M$ product?
Sure, we all like to see the little guy yank Micro$oft's chain. But software patents are an insidious practice, meant to stifle market competition and innovation.
Think about the implications if MSFT loses. Sure, the evil empire is bought to its needs. Meanwhile, Amazon's patent on "one click shopping" and other nasty tricks get support in federal court.
I want software patents stopped now. Let the demise of MSFT take care of itself.
Yes, but it doesn't completely eliminate the possibility of Microsoft buying the patent itself. If all patent rights are passed to Microsoft, they would have just the bargaining chip they need to prevent anybody else (including OSS) from developing competing security products. They'd just make the price tag for licensing use of the patented technology high enough to discourage people.
GreyPoopon
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Why is it I can write insightful comments but can't come up with a clever signature?
Ok, let me say first I hate all that Microsoft stands for. Having to use (and support) their software sickens me. However, this type of dispute is indicative of the major problems today with IP patents. Broad process patents such as these will hurt us all in the end, tying up the courts, infringing upon many "good" companies needs to innovate their software products.
While i would like to hammer M$ as much as anyone, this is just the tip of the iceberg for litigation and everyone will feel the pain sometime soon..
This eliminates the buy-out option.
Actually, not really. Sony and Royal Philips could use this to their advantage. We all know that Sony complained about microsoft trying to change their licensing deal after <cough> the settlement with the doj. Maybe they can use this as a bargaining chip with MS? They could haggle for a better OEM licensing deal and hold this over MS or they could possibly just force MS to license their IP. Or just force MS to pay (insert X billion here) for the company
OTOH what do I know :-)
It's absolutely amazing how many "nerds" can't figure out how to use a search engine.
Search results from USPTO, or go to the USPTO homepage and do it yourself.
"I have a porkchop, you have a porkchop. I have a veal, you have a veal".
The Intertrust patents are pretty specific. They lost their business because Microsoft used their patents and essentially gave them away for free in their products, destroying the value for Intertrust in selling their technology. Though all that remains of Interust are patents and lawyers, at one point they had almost 400 employees. 400 employees worked for several years to produce technology that was co-opted by Microsoft. All of those employees lost their jobs because Microsoft used their patents.
Though the majority here just say that 'software patents are bad' , there is some justification for patents. The main problem with software patents is the USPTO and it's inability to properly check patents; issuing overbroad patents that cover overly generic stuff.
These aren't submarine patents or anything else as Intertrust sued Microsoft shortly after talks between the two companies broke down when Microsoft was first introducing DRM into Windows Media Player.
> This presents quite a dilemma.
Lighten up, Mr. Glass is Half Empty, look at it this way: in a battle between Microsoft and Trivial Software Patents 'r' Us, the bad guys will DEFINITELY lose.
25% Funny, 25% Insightful, 25% Informative, 25% Troll
How could MS possibly violate a security patent?
To do that, they'd have to implement some kind of security!
Couple reasons:
1. Without patents, the little guy who invents something new won't be able to compete against the big corporations who copy his idea.
2. Patents are REQUIRED to describe sufficient details so that any reasonably skilled person in the "art" (computer science, electrical engineer, etc.) can actually use the patent to build the invention. This means rather than keeping useful inventions secret, the inventor benefits for about 17 years after which the general public can benefit too by having details available.
In other words, patents CAN help the lone inventor protect his invention and it helps foster an environment where inventors are incented to SHARE details about their invention with the public.
Like anything else, there are abuses and extreme cases but it doesn't mean there are no benefits.
InterTrust is partly owned by Sony and few other major companies...no way they sell InterTrust to MS. Like you said, Sony and co. can milk MS for all the money it has been milking them for years. Payback is a bitch.
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One is born into aristocracy, but mediocrity can only be achieved through hard work.