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Microsoft Pays $440M to License InterTrust Patents

theodp writes "Microsoft is paying $440 million to InterTrust to settle a three-year-old patent infringement lawsuit over DRM technology for protecting music, movies and other digital content against piracy. Under the settlement agreement, customers can use Microsoft products and services without a license from InterTrust. Developers, however, may need a license from InterTrust for other uses, including the combination of Microsoft technology with third-party technology." C.J. adds a link to the New York Times' coverage of the settlement.

27 of 169 comments (clear)

  1. Third Party? by BandwidthHog · · Score: 4, Interesting

    I've been wondering if the implication is what I think it is... if you use MS software through-and-through you're fine, but if you mix software from multiple companies, you're liable to InterTrust for royalties?

    Could MS have crafted a sweeter deal if they tried? (ya know, other than the half billion dollar payout)

    --

    Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?
    1. Re:Third Party? by Anonymous Coward · · Score: 3, Insightful

      Except for the fact that Microsoft has been touting how many choices you have for their DRM protected content. Now they've landed themselves in the same boat they are accusing apple of being in wrt FairPlay/iTMS.

  2. Re:$440 million? by grub · · Score: 5, Funny


    for $440 million im sure microsoft can develop a DRM system 100000x better then what they have right now

    Based on their record thus far, zero times "100000" still doesn't add to much.

    --
    Trolling is a art,
  3. 0.4 billion. by Anonymous Coward · · Score: 3, Funny

    Thats what, roughly 1% of their total cash? Between this at the UK trouble they are down 2%.

    Keep chipping away fellas.

    1. Re:0.4 billion. by Osrin · · Score: 4, Informative

      http://www.nasdaq.com/asp/extendfund.asp?symbol=MS FT&selected=MSFT&page=full

      That shows a net profit of about $26bn, and around $10bn in net earnings for 2003.

      Times are probably not as tough as you think.

  4. More Info @ The Register by BandwidthHog · · Score: 3, Informative

    http://www.theregister.co.uk/2004/04/12/ms_settles _intertrust/

    --

    Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?
    1. Re:More Info @ The Register by BandwidthHog · · Score: 3, Informative
      --

      Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?
  5. Cost benefit analysis? by EdipisReks · · Score: 3, Insightful

    what is the cost benefit analysis of this? would microsoft have saved money if they had simply licensed everything first, or is the $440 million cheaper? i imagine that big software companies do the same kind of CBA that auto companies and the FAA do.

  6. Re:$440 million? by frovingslosh · · Score: 5, Insightful

    You don't understand. This is $440 Million that Microsoft gave to InterTrust so that InterTrust would have a big warchest to go after everyone except Microsoft who tries to compete with Microsoft. It's a drop in the bucket to Microsoft (see the last few weekly Cringley articles), and it is an even better way to grab position than to give SCO money under the table to have them try to kill Linux.

    --
    I'm an American. I love this country and the freedoms that we used to have.
  7. NY Times Reg-free link by Patik · · Score: 3, Informative
  8. Three year old infringement? by Poison_kitty · · Score: 4, Insightful

    Sorry but that rings a few bells there, Big-Ben sized bells. If it was really tha important to them in the first place wouldnt they have sorted it out when it was first found to have occured? It seems to me that microsoft are completely willing to put individual people in jail for minor acts of copyright infringement but when it comes to a whole company theyre more than happy just to pay them off and hope it all goes away.

  9. 3rd blow to them in a short period by bangular · · Score: 3, Insightful

    3rd monitary payout from them in a pretty short period of time. Makes me wonder if they think they can just pay everyone off (has worked so far).

  10. New head of Legal Dept. by Simple-Simmian · · Score: 5, Insightful

    Microsoft® has a new head of it's leagl department. Thats what up. Settling and trying to hold on to it's money. If they had lost ( just might have) they would have spent more. This make good business sense. I still hate their guts but it makes sense.

    Look for them to make more settlements.

    --
    If you don't like what I write don't be a CS and mod it down. Refute it.
    Yea I can't spell. So what is your point?
  11. Re:PAtents. by eggstasy · · Score: 4, Interesting

    Thank god patents are so expensive. I wouldn't want a new class of average joes filing for thousands of stupid patents. We have had enough of that with cybersquatters and spammers.

  12. hmm.. by dj245 · · Score: 5, Funny
    Microsoft, patents, a conspiracy to make lots of money, Intertrust, and a "registration required" New York Times Article. All we need to whip the /. crowd into a froth now is a Linux reference and a SCO allegory. Here goes.

    This is soooo just like SCO trying to make money on linux. I hope they lose!

    --
    Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
  13. Anyone else read... by ocie · · Score: 3, Funny

    Microsoft pays $440M to license InterTrode Patents?

    --
    JET Program: see Japan, meet intere
  14. Okay, dumb question by caffeineHacker · · Score: 5, Insightful

    I know they are a huge company...but I really don't see how they can afford to keep losing money like they do. A few billion to Sun here, millions to BeOS here, $440 million for some patents, losing millions on X-Box, millions in lawsuits and fines, funding SCO, etc. It seems that eventually they'd run low on cash to throw away on stupid crap...but I've never had billions of dollars so I guess I wouldn't know.

    1. Re:Okay, dumb question by fermion · · Score: 4, Insightful
      I think there are two related reasons. First, MS can set the price of products to whatever they want. That means that they have a high profit margin, for the time being. They need to invest that money in some way. They are increasingly becoming even less of a devlopment company. The two flagship products, Windows and Office, are more or less stagnant. The OS they promised next year has been pushed to the next decade. Office has had no significant improvements in years. So they don't invest in new software products, and the xbox can only eat so much. So where to invest the money?

      This leads to reason two. They say they want to follow the IBM path of making monye off IP. This means that they have to clean up thier IP portfolio. The money is largely irrelevent as it is almost free and there is probably no better investment. The license fess they collect will be pure profit.

      As an aside, it is a very shrewd tactical move. Intertrust now has another company paying it royalties. It has a basis to demand payment from any software that uses the technology. This means that MS, with sony and Philips, has cornered the market on this particular DRM. In the end it mean a new oligarchy of music distribution. Goodbye fair use on *nix systems, goodbye iTunes.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  15. Microsoft using monopoly power again!!! by brxndxn · · Score: 5, Insightful

    Dammit! It seems like everything bad that happens to Microsoft, Microsoft turns around and uses it in their favor...

    I mean:
    - States sue Microsoft for abusing monopoly powers; Microsoft pays lawsuit with Microsoft products that indoctrinate kids (future buyers) into Microsoft products.

    - Microsoft sues Lindows for it's impossible common word trademark of windows in US courts. Microsoft loses. Microsoft sues Lindows in other world courts; Lindows is forced to change name. Microsoft loses, yet wins. Lindows runs out of lawsuit money.

    - States sue Microsoft over alleged undocumented Windows routines that allow MS software to run better on Windows than other software. Source code is released later on that shows MS lied in court. Nothing happens to MS!

    How is this new lawsuit good for anything but Microsoft? It's like Microsoft basically paid $440million to ensure that 3rd party software has a disadvantage - something Microsoft has already been sued for! This, once again, screws consumers by causing 3rd party manufacturers to pay more for licensing and allows MS to eat another market.

    MS is really clever at screwing us all in the ass as efficiently as possible.

    --
    --- We need more Ron Paul!
    1. Re:Microsoft using monopoly power again!!! by Daath · · Score: 3, Interesting
      Your first, second and third points are noteworthy. Valid points that annoy me too. But.
      How is this new lawsuit good for anything but Microsoft? It's like Microsoft basically paid $440million to ensure that 3rd party software has a disadvantage - something Microsoft has already been sued for! This, once again, screws consumers by causing 3rd party manufacturers to pay more for licensing and allows MS to eat another market.
      It's a settlement. Microsoft settled with InterTrust, by agreeing to license their technology. This license means that they can use the technology in their products. Third parties have a disadvantage in that they ALSO (surprise) need a license to use that same technology. It's logical, and it's normal business practise.
      A small company doesn't need to spend more than (or in fact anywhere near) US$ 440.000.000 for a license. It's cheaper. Microsoft just struck a deal. Microsoft wins and InterTrust wins.
      Now go sulk somewhere else ;)
      --
      Any technology distinguishable from magic, is insufficiently advanced.
  16. Microsoft: spending those billions by mveloso · · Score: 5, Funny

    Now everyone knows why Microsoft was sitting on all that cash: they're gonna buy their way outta trouble. Why not? It's easier for them to buy their way out of trouble.

    Andd after all that, they'll still have billions and billions lying around to cross-subsidize their money-losing ventures. Those money-losing ventures, of course, include almost everything Microsoft does except Windows and Office.

    Microsoft's new slogan should be "Innovating financial solutions to legal problems."

  17. Re:PAtents. by donnz · · Score: 4, Interesting

    4) Patents CANNOT be bought and defended by "small" people. Patents cost about 40,000 EUROS a pop and this is not money for the "small" company. This is money for the large company.

    Except in New Zealand where registration ony costs a few hundred bucks and the patent office prefers to let the courts decide what is a valid patent, or not. Makes us a lovely target for people wanting to lauch their patent portfolio. Good, eh?

    --
    -- Free software on every PC on every desk
  18. Re:PAtents. by LordSah · · Score: 4, Interesting

    Patents also encourage people to invent and innovate. Basically, any invention or novel piece of engineering would immediately be copied by competitors. If you make some nifty widget, as soon as you come to market with it, much larger and more established companies will immediate copy and undersell you (economies of scale).

    Folks like Dean Kamen (inventor of the Segway, along with a host of other things) wouldn't exist without patents. They enable and encourage individuals and smaller companies to be inventive, because they will be able to capitalize on their idea. Patents allow people to be professional inventors, much like copyrights allow people to be professional authors or musicians.

    So, I'd argue against your premise that they 'do nothing but slow down an industry and promote laziness'. A patent-less industry would immediately boil down to the biggest manufacturers. Soviet Russia is an example of a such an industry...technological development lagged very much behind the west.

  19. It's pretty troublesome by eclectro · · Score: 5, Interesting

    Here is an earlier article discussing the Intertrust patents, and their apparent broadness. There are links to the actual patents themselves.

    As other posters have noted, this settlement gives Intertrust a leg up on the competition (which they probably will sue now).

    It would be an interesting exercise to see if there are any publications that discuss "trusted computing" prior to the Intertrust patents.

    Also, Intel announced a mobile cpu that has a DRM coprocessor in the same package. Intel could head this direction with all their chips.

    Given all the evils of DRM, I would rather see a chip from Intel with DRM succeed, rather than using Microsoft palladium, Phoenix DRM bios, or other software component. Having it in hardware makes it a level playing field for every developer, commercial or open source. I am not saying any of it is good, only what the lesser of evils would be.

    Preferably their would be an open source competitive solution.

    --
    Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
  20. Re:Microsoft never pays per license royalties . . by atcurtis · · Score: 4, Interesting

    It is more likely that InterTrust wanted to be paid with a lump sum instead of by royalties...

    The last company who licensed technology to Microsoft on a royalty basis ended up getting nothing from Microsoft because they gave it away for 'free' so there was no royalty to pay.

    You may have heard of them: The company is SpyGlass... the software they wrote is what you know now as Microsoft Internet Explorer.

    The directors behind SpyGlass tried to sue Microsoft - but ran out of money. So they have quit the PC Software business alltogether.

    So, IMO, InterTrust is smart to negotiate a lump sum payment... Obviously, they couldn't trust Microsoft to honor their side of a royalty-based agreement.

    BTW, there are other situations where Microsoft licensed technologies on a royalty basis and then gave them away 'free' to avoid having to pay any royalties.

    --
    -- The universe began. Life started on a billion worlds...
    -- Except on one where stupidity was there first.
  21. 58 Billion! by bettlebrox · · Score: 3, Informative

    2 Billion to Sun.
    1/2 Billion to Intertrust.
    Only another 50.4 odd Billion to go!

    (MS has 52.8 Billion in the bank: http://money.cnn.com/2004/02/26/technology/techinv estor/lamonica/)

    --

    I have a very small mind and must live with it.
    -- E. Dijkstra

  22. Re:With all these incredible limitations on coding by killjoe · · Score: 3, Insightful

    "The US will become a software 3rd world country if you don't repeal the software patent law."

    In most third world countries a handful of people control virtually all the wealth. There are just a few very powerful companies and tons of little mom and pop grocery stores.

    Seems to me we are well on our way.

    --
    evil is as evil does