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Microsoft Assembles Patent Arsenal for Longhorn

stock writes "The heat is on. Inside eweek.com are some remarkable articles: 'You see, Microsoft is busy patenting everything it can lay its hands on with all three. In fact, Microsoft is now building up its patent arsenal, applying for a rather amazing 10 patents a day. The idea isn't to ensure that Microsoft makes a fair profit from its patents; it's to make sure that no one else can write fully compatible software.' An older article mentions some other patents."

12 of 571 comments (clear)

  1. the evidence that the day is coming is mounting... by garcia · · Score: 4, Interesting

    And the plot thickens... They are doing this (as the article states) to keep Linux and other OSs from being compatible. By breaking their network filesystems they force people to upgrade, stay away from free alternatives, and make more and more money.

    This will also be to make sure that DRM can succeed. If there were ways around their "innovations" for security what good would it do? First thing you have to do is break networking and make sure that only other secured machines can talk.

    Remember people: the end of computing as we know it is coming fast.

  2. Why? by scorp1us · · Score: 5, Interesting

    Why do we let a convicted monopolist obtain patents?

    It seems a no brainter that they should not be allowed to protect any IP until a nonmonopolistic market restored.

    "Right to innovate" be damned. You illegally got in top, now you can be made to share the top spot, a la the Sherman Act.

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    Slashdot's rate-of-post filter: Preventing you from posting too many great ideas at once.
  3. Backwards compatibility? by Anonymous Coward · · Score: 5, Interesting

    Are they going to break all compatibility with their older OSs? If they don't, can't Linux/OS X/etc. still connect? If they do, don't they risk pissing off businesses?

  4. How will Mono counter this? by Gnulix · · Score: 4, Interesting

    It will be really interesting to hear Miguel's views on this! Earlier on, he stated that MS patents wouldn't be an obstacle for Mono and .Net based development on non-MS platforms...

  5. Time to start looking for prior art... by mehtajr · · Score: 3, Interesting

    I guess when Microsoft hands over a stack of patent applications, we should respond with a stack of examples of prior art (surely they must exist)? Either that or start applying for patents first and if they're granted make them publicly licensed under certain conditions (e.g. for OSS)? Of course, that makes open source the demon... argh.

    Of course, knowing the patent office, they'll just rubber stamp Microsoft's applications. Right next to 1-Click and that new method of swinging one.

  6. This is why there needs to be "Defensive Patents" by egarland · · Score: 4, Interesting

    The USPTO only has one type of patent. The "I want a monopoly on this" patent. There should be defensive patents, patents issued saying "we figured out how to do this on our own, we don't want to stop other people form figuring out the same thing we just don't want to be prevented from using our inventions." The cost should be (much) lower and they should be approved faster and nobody should own them. That way you know right off what's going on.

    I also like the proposed reforms making large companies who apply for lots of patents pay much more and individuals pay much less.

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  7. Re:the evidence that the day is coming is mounting by Anonym0us+Cow+Herd · · Score: 4, Interesting

    At one time they did.

    Read the book: Big Blue: IBM's use and abuse of power.

    This book is literally an education on monopolist behavior. If you read it, you would amazed at how many of IBM's dirty tricks are practiced by Microsoft.

    One very important lesson. The monopoly and especially lock in are the most important things. Even more important than short term profitability. Even more important than staying within the law.

    After all the law will do is fine you. Maybe even painfully. But in the end, you still have a monopoly with locked in customers. You can charge what economists call "monopoly rents". So you're still in control of the game. Nothing is more important than maintaining the monopoly.

    Anyway, I'm off topic. But the book is a very interesting read of things done in decades past that many here are too young to remember.

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    The price of freedom is eternal litigation.
  8. Re:This is why there needs to be "Defensive Patent by nodwick · · Score: 4, Interesting
    There should be defensive patents, patents issued saying "we figured out how to do this on our own, we don't want to stop other people form figuring out the same thing we just don't want to be prevented from using our inventions."

    There's no need to register such patents. Just publish the information. If there's a dispute having a patent isn't better than having prior art.

    Parent AC has a good point. Publication is a straightforward way of establishing that something is "in the public domain". For precisely that reason, the first thing researchers learn is that if you think something you came up with has marketability, be sure to get that patent submission in first before you publish; otherwise the patent cannot be granted.

    Publication has most of the properties the grandparent wanted: turnaround time is typically 6 months to a year (depending on whether you go conference or journal), costs are minimal (usually a few hundred dollars for a conference, less for journal), and it gets disseminated to a wide audience.

    The downside is that the bar for patents appears lower than for publication; it seems like I'm always reading on Slashdot about patents that are successfully granted for ideas that do nothing to advance the state of the art, which leads me to suspect that there may be a "gray area" of ideas that are patentable (at least under our current system) but would have difficulty being accepted for publication. This is probably where "defensive patenting" would be useful.

  9. Re:the evidence that the day is coming is mounting by angle_slam · · Score: 4, Interesting
    This MS Blog states exactly the same thing:
    Well, fast forward to "now", and the patent system is used almost entirely differently. At Microsoft, we used to pay little attention to patents - we would just make new things, and that would be it. Then we started getting worried - other big competitors (much bigger than we were at the time) had been patenting their inventions for some years, and it made us vulnerable. One of these big companies could dig through their patent portfolio, find something close to what we had done, then sue us, and we would have to go through an elaborate defense and possibly lose. So Microsoft did what most big companies do, which is start to build what is called a "defensive" patent portfolio. So if a big company tried to sue us, we could find something in our portfolio they were afoul of, and counter-sue. In the cold war days, this strategy was called "mutual assured destruction", and since it was intolerable for all parties to engage, it resulted in a state called "détente", or "standoff". This is what you see today for the most part in lots of industries.

    There are lots of other problems with the patent system. For example, Microsoft gets "submarined" quite often. A small company or individual has an idea, which they patent as quietly as possible. Then they sit back and wait (years if necessary), until some big company develops something (independently of course) that is sufficiently similar to their idea that they can surface and sue us. I have been involved in a couple of these, so I can speak from experience. The people involved often never had any intent of developing their idea, and they also make sure to wait until we have been shipping a product for several years before informing us they think they have a patent on something related, so that "damages" can be assessed as high as possible. This simply makes innovating the equivalent of walking into a minefield. This doesn't seem to be helping the process of moving humanity forward.

    Another view is that big companies patent lots of things, and then by the implicit threat of suing the "small guy", prevent innovation from moving forward. In practice this is harder than it sounds, since the damage to the image of the company can be considerable if it tried to sue a small target - that's why you rarely see it happen. I think this works both ways of course as I described in the last paragraph. Basically whoever has the patent has the power.

  10. Re:the evidence that the day is coming is mounting by roystgnr · · Score: 4, Interesting

    Another view is that big companies patent lots of things, and then by the implicit threat of suing the "small guy", prevent innovation from moving forward. In practice this is harder than it sounds, since the damage to the image of the company can be considerable if it tried to sue a small target - that's why you rarely see it happen.

    In the mind of everyone who would learn about and understand such an action, Microsoft's image has already been damaged. For most of their customers, however, such an attack by Microsoft would slip under the radar... which is probably why Microsoft apparantly has no moral objections to making such threats against small targets and why people like this blogger can talk about that situation as if it were a hypothetical "view" rather than a recent occurance.

  11. Re:the evidence that the day is coming is mounting by Short+Circuit · · Score: 3, Interesting

    Then you better join a campaign outlawing hardware-level integration of DRM. Because that's the only way I can think of to stop it.

    IIRC, TCPA doesn't have to be enabled. That means you can still use newer hardware, just without the abilities granted by "trusted computing."

    I'm not really a consumer of streaming multimedia, so I don't see a problem for me.

    That doesn't mean I don't fight it...I've written my congressmen several times, even if I only get boilerplate letters back saying "blah blah blah we don't have the authority to pass laws regarding blah, so blah..."

  12. Re:IBM is still the King of Patents by gobbo · · Score: 3, Interesting
    They received 3415 patents in 2003. If MS manages to keep up the "10 patent per day" rate, then of course, IBM will have to turn over the crown. But IBM is an Open Source darling, right?

    No surprise that a giant diversified tech company pumps out the patents (legitimate or not). IBM has roughly 40,000 products and services. It's, what, an order of magnitude larger than MS in that respect? Much of that is hardware, with real engineering behind it. Simple math. I think their R&D horizon is something like 50 years, too.

    BTW, it's 10/week, in TFA.