Japanese Government Raids Microsoft Offices

Nakito writes "According to an article at the financial news site Bloomberg, Microsoft's Tokyo office was raided by Japan's Fair Trade Commission, which is investigating whether the world's largest software maker violated the country's anti-monopoly law." Other readers note a AP/Yahoo story claiming: "A commission official, speaking on customary condition of anonymity, said Microsoft Japan is suspected of attaching improper restrictive conditions when signing software deals with Japanese personal computer manufacturers, such as requiring that Japanese companies allow infringement of their patents."

Comments

Also at the BBC

[ryants]

BBC is also running the story here.

Re:NEWSFLASH: COMPANY WANTS TO MAKE MONEY!!!

[36526542DD]

Actually I'm the president of a company that has used open source profitably for over 5 years, and it does pay the bills. Very nicely in fact.

Thanks goes to the developers of Linux, Apache, MySQL (and other databases), PHP, and others.

And yes, I want my company to make money, which it does. But there are more important things than that, and there are plenty of profitable companies (open source or otherwise) to prove that money can be made hand over fist without resorting to Microsofts tactics.

from the nikkei shinbun

[bandersnatch]

Summerizing this Japanese article, the issue is that the OEM contracts contain a clause disallowing the filing of complaints about against Microsoft software. The main part that seems to have rankled is that Microsoft is believed to have improperly included software developed by Japanese manufactures(Fujitsu, NEC, etc). By being forced to agree to the clause in the contract however, they are unable to file a complaint against Microsoft.
This is where the monopoly bit comes in. Because Microsoft has an OS monopoly the makers have no other choice than to include the OS on their machines, which in order to do so forces them into sign the contract. All of which rubs up against various Japansese antitrust and trade laws.

oh really?

[mm0mm]

Anybody here ever try to enforce a patent in Japan? Good luck

I have to be blunt: you don't seem to understand what you are talking about. It sort of make sense that your first name is Anonymous. Unlike Taiwan or China, Japanese patent laws are strictly enforced and if any infringement is found it will be judged by a court of law. It applies to foreign patent as well. On top of that, unlike US patenting procedures, Japanese patent office takes much more time in research of prior art and rejects many that are on the border line.

I don't have any link handy, but there has been a number of patent cases brought to a court by foregin (read: US) companies. One of my buddies, who used to work for a well-known Japanese electronics company beginning with "h," once told me that this Japanese company's newly established computer (desktop) devision knowingly copied DOS, and after it was discovered the company was tried, and ordered to pay hefty damage to MS, which lead the devision to shut down.

If Japan really is patent outlaw country, why do all the big companies (Sony, Panasonic, Toyota, Honda) own so many patents both in Japan and US? I'd appreciate it if you can explain to me, please.

I don't really have any link to back up my argument, but your knowledge in Japan's Patent laws and enforcement obviously is paper thin.

Re:oh really?

[ihouzi]

Different patent laws.

The US patent law is based on the concept of first-to-discover.
The Japanese patent law is based on first-to-file.

This means Japanese companies are highly encouraged to file patents as soon as possible.

Also, the scope of Japanese patents is VERY different from American patents, and this is what usually leads American companies astray if they already understand they have to be the first to file.

US patents are generally very broadly worded, so the inventor gets the most bang for the buck, so to say. On the other hand, Japanese patents are generally very narrow, and minor variations can call for a completely new patent (changes in the shape of a glass substrate for a laser for example).

So oftentimes, American companies will come to Japan assume broad rights only to be confronted by a Japanese competitor reading the rights according to Japanese law - very narrowly. Japanese courts will, of course, uphold Japanese patent law which is, as mentioned above, narrow and different.

The above reason is why Japanese companies hold so many patents: they have to get patents for each minor variation of a technology if they really want to control it. This (and the below, though I'm not clear on the below) is why Japanese companies have so many patents.

Also, and I can't remember this one in detail, but I _THINK_ I recall there being some stipulation in Japanese patent law that allows (or at least highly encourages) technology licensing. In other words, if one company can license, you must allow all companies to license. Maybe someone can look up the details?

Re:DO ITASHIMASHITE!

[klmth]

Depends on which romanization system you use. The long "o" sound can be romanized as either "ou" or as an o with a dash above it. The proponents of the latter tend to leave the dash out when typing on computers.

Not Offtopic...

[Chordonblue]

This is in referrence to raids on Kazaa in Australia.

Not a great post, but certainly not offtopic.

Re:Hypocripsy

[mumblestheclown]

What an absolute load of uninformed bullshit.

If you want to really go after the Japanese on patents, at least get your facts straight.

Japan actually has one of the highest rates of corporate patenting ANYWHERE. This is caused largely by corporate guidelines that say "department x must have at least 3 patentable inventions per year."

As a result, Japan's books are filled with tens of thousands of patents for truly mediocre things.

That said this forms the basis of a series of "blocking patents" which are taken quite seriously.

Your claim that "... without such enforcement" is simply wrong.

the moderators who gave you "insightful" should be ashamed. I mean, you're 180 degrees wrong and were just speaking out of your ass out of some quixotic wishful thinking, not facts.

Re:Friday's Headline

[term8or]

Because people are stupid enough to let them in. Even the police can't enter your property without either your concent or a warrant (with limited exceptions such as entering during a chase, or when they believe human life is in danger). The BSA can not enter your property without concent PERIOD.

If they accuse you of any crime inform them that you will sue them for slander if they make false allegations, that if they continue to harass you you will take legal action, that you will call the police immediately if they do no leave your property, and remind them that any action will require them to make a full disclosure in front of a court.