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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."

45 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. Patent to apply for by raider_red · · Score: 4, Funny

    I'm applying for a patent on my business model which involves abusing American Intellectual Property law by filing endless frivolous patents. (I'm hoping MS and SCO don't try to claim prior art.)

    --
    It's good to use your head, but not as a battering ram.
    1. Re:Patent to apply for by Mr.+Sketch · · Score: 4, Insightful

      Actually I would hope that they file for prior art, it would just be an admission that they abuse the patent system and file frivolous patents.

  3. And this is new how? by zolon · · Score: 5, Insightful

    This has been a tactic of many companies over the years, the only thing different about this is the fact that some of the patents that MS is getting approved have prior art conflicts.

    sin

    --
    Merf
  4. 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.

    --
    Slashdot's rate-of-post filter: Preventing you from posting too many great ideas at once.
    1. Re:Why? by ajs · · Score: 4, Insightful

      Whether or not they *maintain* their dominant position through "monopolistic" practices, they got on top through purely legal means.

      You're not only guessing, you're wrong.

      If we go back to the 80s, you MIGHT be right, but since then, MS has been using market dominance in one area to strong-arm their way into market dominance in another. This includes using DOS to overpower the filesystem add-ons companies and DOS compatible software; using Windows to push Lotus out of the spreadsheet market; using Windows to push Corel out of the word processing market; using the Windows API to push Borland out of the compiler market; using Win32 to push Netscape out of the browser market; and the list goes on in many specialized market niches.

      Microsoft has done hundreds of companies wrong by abusing their products in other markets to put companies out of business in their own markets. In some cases, Microsoft took to just announcing a "new product" to force companies out of business, even if they had no intention of releasing such a product.

      If, by "maintain their dominant position" you mean "expand their sphere of dominance into more and more markets and sectors", then you are correct, except insofar as the "legal" part goes.

  5. If you can't win in the marketplace... by revscat · · Score: 5, Insightful

    ...use the courts. Admittedly, the government is responsible for laying out and enforcing the underlying rules of the market, but abuses can occur. I think it is not to much of a stretch to say that standards available to everyone -- starting with ASCII and progressing forward to HTML, XML, SVG, and others -- are what have made it possible for computers to be successful. You think we'd have the Internet if it weren't for the various RFCs being made available to everyone? Hell no.

    This is an act of desparation, but that doesn't mean it won't have deleterious effects upon the market as a whole. And you KNOW that the overburdened patent office won't be able to properly check all these for the existence of prior art, which I'd bet would cause 99% of these patents to be rejected.

  6. It could just be to protect themselves by twfry · · Score: 5, Insightful

    After all there already have been various lawsuits against MS which have forced them to cough up some serious $$$. They do have a right to protect themselves against a broken patent system.

  7. Move along... by Midnight+Thunder · · Score: 4, Insightful

    Nothing to see here. Just another sure sign that antitrust has no effect on the paranoid Microsoft.

    Heck, IMO, this is a sure sign of the problems with software patents. In normal due process you should not be able to patent as much as that in that sort of time, unless something is up with the system.

    --
    Jumpstart the tartan drive.
  8. 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?

  9. 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...

  10. Re:the evidence that the day is coming is mounting by nodwick · · Score: 5, Insightful
    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.

    And the plot thickens... They are doing this (as the article states) to keep Linux and other OSs from being compatible.

    Or, rather than profit motive or monopoly propagation, it could be option #3: Microsoft may just not want a repeat of the Eolas debacle where they get sued for something seemingly public domain 5 years down the road. Many companies (IBM comes to mind) maintain huge patent stables for precisely this purpose.

    There are many reasons companies patent things, ranging from the defensive to the offensive. Unfortunately it's hard to tell a priori what the actual reasons are.

  11. "Microsoft Inventor" Software by AtariAmarok · · Score: 5, Funny
    Has anyone else tried the "Microsoft Inventor" application? I think Bill has the only copy, but it has a function where it automatically submits random word strings to the US patent office as complete patent applications.

    Sample output:

    e-commerce

    e-communism

    e-constipation

    e-conifer

    one-click shopping

    one-click shipping

    one-clock shopping

    one-click slapping

    BASIC

    ADA

    difference engine

    mouse

    rat

    .....

    Not only this, but it can generate 1,400 patent applications per day, all conveniently dated to 1878 so you can beat everyone to the punch. Microsoft "Created" this after it embraced and extended a third-party password-guesser program.

    --
    Don't blame Durga. I voted for Centauri.
  12. Re:Have monopoly will abuse by Daniel+Dvorkin · · Score: 4, Insightful

    No, the Justice Department blew it by giving up after they'd won thanks to a change in administration. Had they kept going on the course they were on before Bush & Ashcroft took over, we'd have two or three "Baby Bills" today, and the world would be a better place.

    --
    The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
  13. I'm fixing a hole, where the rain gets in... by poptones · · Score: 4, Insightful
    and stops my mind from wandering...

    I think Bill's finally lost that grasp. And I don't think anyone here should let this be a concern - in fact, it's an ultimately good thing.

    Longhorn is still two years away. Linux is getting better and better and the endless virus plagues are beginning to get to mom and joe user. If Longhorn comes on the market with an entirely new, relatively backwards incompatible system (like XP was - the XP "emulation" engine doesn't even work as well as WINE on, for example, Am. McGee's "Alice") all this lockdown is going to come back to haunt them. Does no one remember the early PC wars and two little computer companies named Apple and IBM? Yeah, they're both still around - but I don't think I need to tell you which one became the standard bearer. Does no one remember why?

    Microsoft is making the exact same mistakes IBM made twenty five years ago. So just shut up with the complaints lest you reopen that crack uncle bill is fixing in his door...

  14. 10 per day? by TimTheFoolMan · · Score: 4, Insightful
    If you read the embedded linked article Microsoft Assembles Hefty Patent Arsenal, that the main article refers to, it says:
    "...Microsoft has received about 1,000 patents, or an average of 10 a week."
    I don't see any reference to 10 a day. The fact is, the originally linked article Longhorn's Real Job: Trying to Gore Linux got it wrong too.

    Tim

  15. Oh, come now... by TwistedSpring · · Score: 5, Insightful

    Article quote: Now, after having their hands gently slapped by the Department of Justice, the boys from Redmond have another plan: Make it so that users of their next desktop system won't be able to use non-Microsoft-blessed servers or programs at all.

    What utter FUD this is. This is nonsense of the highest degree, it suggests that Microsoft will not only shut out every independent developer on the planet (i.e. nobody who isn't "blessed by" Microsoft can write software for this thing) but also prevent users from accessing their network infrastructure. What gobshite. People will still be able to write software for Windows, people who use Windows will still be able to use the Internet, FTP to and from Linux boxes, and communicate with Samba servers. I am no authority on this, but if Microsoft prevented people from doing said things then:

    1. Nobody would use Windows.
    2. Windows Longhorn would not be able to access shares and resources on Windows 2000/NT/XP hosts.

    Also, people like Mozilla and Open Source are frightened, according to this article. They're building up defenses! Hah. Many companies who are NOT open source use portable windowing toolkits for cross platform compatability. Look at Adobe -- all its products that run on Windows do NOT use the standard Windows widget set, or look at Macromedia -- same there.

    So Microsoft's covering it's ass with patents. Plenty of people have done this in the past. Perhaps Linux and the Open Source community should be doing it first.

  16. Re:the evidence that the day is coming is mounting by mikera · · Score: 4, Insightful

    However, holding patents for defensive purposes isn't much use against pure "IP litigation" companies.

    Since these companies don't produce actual products they can't be caught out for infringing any of your patents.

    It's only really useful against other large companies (e.g. IBM) since it gives you better bargaining power for cross-licensing. And for locking out new competitors, of course :-)

  17. Re:MS can't win by Paulrothrock · · Score: 4, Insightful

    It's not functionality if it gets in your way; it's feature creep. Functionality would be adding performance enhancements. Functionality would be making it easier to interoperate with other systems. Functionality would be letting the file system be a file system and not a way to print photos, browse the web, or create new text documents.

    Functionality is not locking out competitors and forcing your customers to buy more of your product (complete with all the security holes and vulnerabilities) just so they can get some work done.

    --
    I'm in the hole of the broadband donut.
  18. Not to pick on just Microsoft... by dpilot · · Score: 4, Insightful

    The net effect of the current patent/copyright frenzy will be quite simple...

    Progress will move away from the US and EU, and into India and China.

    Both may be signatories to WIPO treaties, but IIUC they're not leading the charge. Both run rampant with piracy, though at the moment that seems to be passed off as an 'enforcement difficulty.' By the time we quit pussy-footing around, I expect both economies to have grown enough, and be busy enough modernizing their own nations that they'll be able to just chuck ^H^H^H^H^H withdraw regrettfully from the IP treaties, or renegotiate them. In any event, THEY'LL have the innovative lead, at that point.

    Others have mentioned the IP-restrictive environment of New York being responsible for the rise of Hollywood.

    IP laws, they way they're being misused today, circumscribe the pie so IP owners can own bigger chunks of it. Growth in the pie itself will happen elsewhere.

    Oh yes, IMHO patents and copyrights were meant to compensate inventors and artists for their creative effort, and keep them in the creative business. For far too many copyrights and patents, the main expense is in filing, and the creative effort was trivial. The competitive roadblock is the reason. IMHO, this is abusive and retards progress in the US.

    --
    The living have better things to do than to continue hating the dead.
  19. 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.

    --
    set softtabstop=4 shiftwidth=4 expandtab nocp worlddomination
  20. Re:Well that proves it. by mopslik · · Score: 5, Informative

    When has Microsoft EVER used patents as a tool for gaining market control?

    How about using patents to extract FAT licensing fees from removable solid state media manufacturers? Or is that too easy?

  21. Re:Tell ya what... by cdrguru · · Score: 4, Insightful
    The problem is that currently, the way software patents work, there are two ways to insure that you don't get nailed infringing someone's patent:
    • Have a massive legal staff with nothing else to do.
    • Have a portfolio of patents to cross-license.
    The idea is that everybody is infringing on something, so the best defense is to just cross-license the stuff. This means that the more patents you have, the easier it is to defend against any potential infringement.

    Of course, this also means that if you don't have several million dollars to invest in patenting everything in sight, you are going to lose in developing any sort of commercial software product. Sooner or later someone will come along with the patent that they got last week that covers something you've been doing for three years. And then, since you don't have the portfolio of patents that they are infringing on, you have to either try to defend yourself in court or just fold up.

    Folding up isn't nice, but it is by far the more realistic of the two options.

    I do not see anything changing anytime soon here - it is considered just a cost of doing business to build a patent portfolio for defense purposes.

  22. This is Microsoft's new competitive strategy by leereyno · · Score: 5, Insightful

    This is part of an emerging strategy that a friend of mine explained to me. In the past Microsoft has competed in the marketplace. In the future they will compete in the courthouse. Would-be competitors will be sued before their products gain enough of a following to be a threat. Microsoft's lawyers will tromp around beating their chests and making threats intended to intimidate others much the same way that the "church" of $cientology's lawywers persecute those who speak out about the cult's abuses and fundamentally evil nature. Microsoft is pursuing these fraudulent and frivilous patents because it costs money to defend against patent suits. Microsoft will not really care whether they win or lose the court case because the purpose of the suits and the threats of being sued is to intimidate their competitors and force them to tie up resources they cannot afford in their legal defense. This is exactly what CLABS did to Aureal a few years ago, filed phony patent suits and used the courts to bankrupt the company.

    This really worries me because if blatant fraud and deceit become accepted business practices that are allowed to succeed, what does that say about the state of our civilization?

    Lee

    --
    Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
  23. 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.

    --
    The price of freedom is eternal litigation.
  24. Re:This is why there needs to be "Defensive Patent by Anonymous Coward · · Score: 4, Insightful
    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. The debate is still about what infringes what. Of course Microsoft doesn't contribute much to the state of the art by publish. Some, but not very much.

  25. Defensive publications by Anonymous Coward · · Score: 4, Informative

    There is already an easy way to do just that. Publish a so-called defensive publication, in one of journals USPTO (as well as researchers) read and use for their prior-art evaluation process. It's too bad not more companies and individuals know this, but it is a practice some (big) companies do use, as it is significantly cheaper than doing full patent application.

  26. Re:the evidence that the day is coming is mounting by linuxtelephony · · Score: 5, Insightful

    Or, rather than profit motive or monopoly propagation, it could be option #3: Microsoft may just not want a repeat of the Eolas debacle where they get sued for something seemingly public domain 5 years down the road. Many companies (IBM comes to mind) maintain huge patent stables for precisely this purpose.
    There are many reasons companies patent things, ranging from the defensive to the offensive. Unfortunately it's hard to tell a priori what the actual reasons are.


    Unfortunately Microsoft has already told us exactly what they plan to do. I forget which one of the "Haloween" documents it was, but in one of them they clearly made the point that the most effective tool to combat against Open Source software, including Linux, was through intellectual property, and specifically patents.
    In that light, the article makes perfect sense, including the reasons why Microsoft is patenting everything they can. It's just part of the war plan they have to battle Linux and Open Source software. What better way than to "innovate" in such a way that is incompatible with previous releases, and then patent the methodology so that it becomes difficult to impossible to create a competing method without violating a patent of some kind or another.

    --
    . 62,400 repetitions make one truth -- Brave New World, Aldous Huxley
  27. Re:This is why there needs to be "Defensive Patent by Qzukk · · Score: 5, Informative

    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."

    Actually, there are. They're called Statutory Invention Registration these days. For a very small fee you can just register that you invented something, without actually obtaining patent protection for it. But, the patent office will have that you invented it on file.

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
  28. Huzzah for title truncation! by American+AC+in+Paris · · Score: 5, Funny
    Thanks to Mozilla's tabs, the title for this article displays as:

    Slashdot | Microsoft Assembles Patent Arse...

    --

    Obliteracy: Words with explosions

  29. 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.

  30. Re:This is why there needs to be "Defensive Patent by cperciva · · Score: 5, Informative

    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."

    These already exist. They're called publications. Once you've published something, nobody else can patent it (and you can't either, once a one-year time limit expires).

    The only case where someone else could patent a method which you are already using is if you've kept the method a secret -- which is exactly what the patent system is designed to stop.

    While there can be no doubt that the actual implementation of the patent system is severely flawed, the overall purpose and approach -- using the granting of monopolies to encourage people to publish their research instead of keeping it as "trade secrets" -- is certainly reasonable.

  31. "Legitimate business practice" by ctid · · Score: 4, Insightful
    It's hard to argue against what Microsoft is doing, because the good guys (IBM, Sun, or choose your own definition of a good guy) do this too. These companies use patents to protect themselves from patents held by other companies. So instead of paying expensive licensing fees to use some technology, you enter into a "cross-licensing" agreement, whereby you pay for the right to use technology X by allowing your competitor to use technology Y. Our (meaning everyone who wants to use a desktop computer) problem is that the Free SW community cannot enter into such agreements and maintain the freedom which is so valuable to the rest of us. Open Source software has similar problems, because you can't redistribute somebody else's patented works.


    I think that Microsoft is tacitly acknowledging that they can't keep up with the F/OSS communities any more. Even without being hit by Sasser at work, I'm hard pushed to think of anything that XP does better than the SUSE 9.0 distro I use at home, except interoperating with closed Microsoft products. The only advantage Windows has is in things that are opaque to F/OSS developers, so effectively making some key elements of Longhorn opaque is the only way they can hope to compete in the future.

    --
    Reality is defined by the maddest person in the room
  32. Of course they are patenting! by RhettLivingston · · Score: 4, Insightful

    The hardest, most expensive part of development is the creation of the overall formula / mix of technologies that will make a successful product. Tremendous energies are spent debating the rights and wrongs of various approaches on technical, strategic technical (long term evolutionary goals), business and business technical grounds. The energies are spent both in informal and formal ways. Microsoft spends many millions just getting 100s of people to come in and use different interfaces so that they can determine scientifically which approaches are best for which populations. That is their investment and the overall look and feel and selection of technologies to employ is the result. And, they probably make that investment 20 times over before they actually have one product that really hits the right formula. Coding is the easy part.

    Then people come along and copy the formula, many times under more relaxed less demanding conditions and implement something better (though years later), top it off with openly speaking of stealing the show, and actually have the GAUL to CRITICIZE when the company realizes that maybe they need to start patenting the results of their investments?

    Anybody can code. Anybody can code even better when they don't have to make money on it. But few can architect. Architects are only about 1% of our population and architects with business sense and a true sense of the average joe non-geek user are far fewer. Regrettably, we, as a society in general, do not give them their due. We look at what they did and just dismiss it with "that's obvious" or "anyone could do that" or "its all been done before", all of which may be true, but if it hasn't been put together in that combination and the combination does show greater value, then they did it first, they deserve their due, others shouldn't copy it without paying their respects and dues and that's that.

    Most people spend their whole life and don't come up with a single marketable idea. Some companies spend billions and only come up with a few. I admire both the people that succeed and the companies that succeed and only hope to get my turn just once.

    And yes I'm a hypocrite who has made copies of all of their CDs and multiple family members listen to those copies in different places at the same time. But that's different isn't it? :o)

  33. 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.

  34. Re:the evidence that the day is coming is mounting by Rick+the+Red · · Score: 5, Insightful
    It's PC makers who should be worried. Microsoft is going to lock them in or lock them out. Either they buy BIOS chips from Microsoft and build Microsoft-spec hardware, or their computers won't run Longhorn and won't do Trusted Computing^h^h^hDRM. But if they follow Microsoft's lead, their products will be identical (as if they're not identical now) and only the Dells of the world will have the volume to make money on the slim margins. Let's see: Microsoft dictates the price of the OS; Microsoft dictates the price of the BIOS; Microsoft dictates the design of the rest of the hardware. Doesn't leave much room for innovation or cost-cutting, does it?

    Don't believe me? Think Pocket PC, where virtually any PPC is the same as any other. The next logical step in all this is Xbox, where Microsoft sells the hardware and everyone else is a supplier to Microsoft. Indeed, Xbox is a learning platform for how to marry the OS with the hardware such that one won't work without the other.

    When you tie the OS so tightly to the hardware the anti-trust issue goes away. Of course only Xbox plays Xbox games -- and only PS2 plays PS2 games. So what? Of course only Longhorn PCs run Longhorn applications -- and only Macintoshes run Macintosh apps. So what?

    Oh, sure, someone will get Linux to run on Longhorn PCs, but it will be just like trying to get Linux running on an Xbox. It can be done, but it's klugy and possible illegal and really not worth the hassle.

    --
    If all this should have a reason, we would be the last to know.
  35. Re:the evidence that the day is coming is mounting by magarity · · Score: 4, Informative

    If IBM had its way, your PC would be a glorified 3270 emulator connecting to some AS/400

    You seem unaware that IBM went out of its way to make the original ISA architecture royalty free. The PC revolution happened because anyone could make a compatible hardware system. After enough other players made their fortunes they got together to make standards such as PCI and AGP without some individual company mandating it. But the ball started rolling with IBM's freely giving away the specs and rights to make compatible ISA.

  36. 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.

  37. Impressive FUD by Anonymous Coward · · Score: 5, Insightful

    Let's get a few things straight.
    First, Microsoft isn't trying to compete with Linux. If they were, Linux would need a similar desktop market share. Linux isn't even close. That's why you bitch about Microsoft having a monopoly. If they were roughly equal in market share, you would call it an oligopoly or a cartel, depending on their level of cooperation.

    Second, Microsoft wouldn't be stupid enough to purposely break compatibility with everything. Obviously, the author of the article is merely trying to spread FUD. Longhorn is going to be delayed while they add new features, reduce loopholes, and make sure their software is as user-friendly(read: built for those who don't know what they're doing) as possible.

    Third, they've had trouble with patents recently. People are suing them for trivial shit that would appear to be common sense or common use. Therefore, they want to cover their asses by patenting anything they consider necessary, useful, or at the very least something someone like SCO would consider suing them over.

    All that said, this article was written to do two things: whip Linux users into a frenzy, and show non-Linux users that Linux users don't think like the rest of the world. The article is so slanted, that it makes Linux users look like paranoid fools. All the author does is throw a few wild conspiracy theories out there, and hope that someone will publish him because of his love for an operating system.

  38. Re:the evidence that the day is coming is mounting by Short+Circuit · · Score: 4, Insightful

    Ah, but once Microsoft gets hit with an antitrust suit, a key issue will be opening the API. Which means that the Linux kernel will be able to support the DRM system.

    You'll still need a key for the hardware to accept the kernel as a trusted piece of software, but that can be accomplished by a third party providing a compiled binary optimized for your system, along with a key and the source code.

    From that point on, it's the user's responsibility to keep that key safe, and not allow anyone else to have access to it! Media will likely be encrypted and watermarked using your key, and you'll get accused of copyright violation if a copy of that watermark is found outside of your computer.

    The compiled binary+key+source concept would also have to apply to playback software.

    You need a compiled binary because software will need to be somehow certified safe. And the only way to do that is to have a "trusted" (by the copyright holders, that is) entity perform the auditing and compilation of the software.

    It does raise barriers to software development, though, the tearing down of which is part of what free software has been all about. So it's not an ideal solution, but it's workable.

  39. Re:Why not by egarland · · Score: 4, Informative

    Why does the open source community hate patents so much? I think that if the open source community came up with something new, they would hopefully patent it just like Microsoft are doing. If they didn't patent it, then they're fools because someone else will.

    The thing that differentiates free and open source software from closed source is the lack of holding pieces of it hostage for money. It's what makes it open.

    Having patents on an something atomatically makes open source software unable to implement it. Even if someone invents a way to get there and allows other people to use it, they are prevented from doing so by the patent.

    Since copyright prevents someone from copying your invention in the software world, patenting software is only useful for preventing other people from coming up with another way to solve the same problem you did. This was not the original reason for patents.
    You were supposed to be able to "build the better mouse trap" and patent it, not patent "building mouse traps".

    Many open source licences (apache, samba) specifically say the software can't be used if any money is charged for licencing patents held on any technology inside. This prevents someone from creating a patent and sueing every company using the software for money to keep using apache/samba. They can ask that companies stop using the software, but they cannot ask for money to keep using it since if the company pais the money they are then in violation of the software's licence and must stop using it. It keeps unscrupulous companies from trying to gain effective ownership of other people's work.

    The debate over patents is an old one. The benefits of having the freedom of to use knowledge and innovate vs the benefits of the profit incentive from being able to own patents. Open source software operates with the freedom of knowledge and innovation at it's core. Holding pieces of knowledge and pieces of software hostage for money can't work with open source.

    I hope this answers your qutesion.

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  40. Re:the evidence that the day is coming is mounting by Thomas+Shaddack · · Score: 4, Insightful
    It does raise barriers to software development, though, the tearing down of which is part of what free software has been all about. So it's not an ideal solution, but it's workable.

    It is NOT workable. Why I the admin/developer/end-user should need some third party to say what software I can and cannot run? Why I should need some entity to tell me that I have to pay them to sign my own code so I would be allowed to run it? Why shouldn't I be able to design my own media player, or to take a FPGA and a couple DACs and making my own sound card? What is the purpose of the computers - being a tool for the people, or making sure some rich suit'n'tie bastards can become even more rich without having to do any real work?

    If this system takes off, it becomes just another disincentive for being legal and law-obedient citizen.

  41. Re:the evidence that the day is coming is mounting by Rick+the+Red · · Score: 5, Insightful
    Ah, but once Microsoft gets hit with an antitrust suit, a key issue will be opening the API.
    You're speculating, and I disagree. There will be no antitrust lawsuit. The whole issue last time around was "integrating" the web browser (MSIE) with the operating system (Windows), leading to the exclusion of other web browsers (Netscape). With the OS married to the hardware, the only software that will run is Microsoft blessed software -- "integration" is the name of the game. Everyone will know that going in, just as they know that when they buy an Xbox or PS2. There's no deception on Microsoft's part -- this new computer will only run "trusted" applications that Microsoft has blessed. If you want a spam- and virus-free computer, you have to go along with this (so their arguement goes). The fact that you'll have to play this game if you want to share files with anyone else on the planet is just a side-effect of this new security, and you're still free to buy a Mac or build your own Linux PC. Of course, those computers won't be able to share text documents or email with anyone running a Longhorn computer, but none of that is Microsoft's fault, so there's no antitrust case -- especially with this administration.
    You need a compiled binary because software will need to be somehow certified safe. And the only way to do that is to have a "trusted" (by the copyright holders, that is) entity perform the auditing and compilation of the software.
    Close. The only way to do that will be to have Microsoft certify your binary is safe, just as today only Microsoft can give you the key to running on Xbox. I'm sure there will be no third-party blessings of Longhorn DRM, unless the third-parties are paying massive royalties to Microsoft (hence the patents). So what if the source is included if you can't compile it yourself? You won't even be able to write software for a Longhorn PC without a developer's license from Microsoft (included in Visual Studio 28 for only $1399.95). The only hope will be to get a Longhorn development box with DRM disabled - if there is such a beast - but they'll be as available to the public (you and me) as Xbox development boxes are today, i.e. not at all.
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  42. Magical wonder by rabtech · · Score: 5, Insightful

    Instead of spouting FUD (as so many accuse Microsoft of doing), why don't we see what someone from Microsoft has to say?

    Chris Pratley gives us a small bit of insight:

    "One of the methods for protecting intellectual property is the patent system. Now, everybody hates the patent system. After all, it is pretty broken. The original idea of patents (I gather) was to promote the spread of ideas and inventions. With no protection for ideas, inventors resorted to secrecy. e.g. the exact method by which a chemical was made was kept secret and locked up in a factory vault, so that society could not benefit from the idea except to the extent that the inventor used it himself. The patent system offered what seemed a reasonable proposition. In return for explaining the idea in great detail so that others could understand and use it, the inventor was protected for a period of years where they had exclusive rights to use the idea, or to license it to others. If someone stole the idea, the inventor had legal recourse.

    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.

    Another complete perversion of the original patent system is that because there are triple damages if the plaintiff can show the infringer knowingly infringed on a patent, there is a huge disincentive to look at the patents on file at the patent office. If you do a "patent search" to see if what you want to do is patented already, and you find nothing, you are still liable for triple damages if someone sues you and can show that you looked at their patent. This matters because even if you think their idea is irrelevant, a court may not agree with you. So the only safe thing to do is not loo

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  43. steamed, the US gov has a dismal.... by zogger · · Score: 4, Insightful
    ... track record of actually incarcerating very rich crooks. They do *some* but not many, not compared to the millions of poor people who go to jail everyday for cases of much less severe outright THIEVERY. Joe Loser robs a 7-11, gets 10 years and a fine, joe BIGCO steals billions, gets joke fine, no one there misses sleeping in their comfy beds in their mansions. SAY WHUT? And the government has an ever worse record for doing what they should have always done, REVOKE INCORPORATION CHARTERS. Incorporation is granted BOTH for the companys to "make money" and also to serve the public interest, that was the original idea. Same as patents were not JUST to make money, they were allowed for the purpose of furthering the arts and sciences, not RESTRICTING the arts and sciences.

    In my state, three felonies, buh bye,(might be 2 actually) automatic LIFE in prison. By my count, gates has been convicted of three now, his recent personal "gosh, I musta fergot, aw shucks" stock trading, and the fed anti trust suit, and in the EU similar, him being head schmoo over to redmond. I think other states have similar, 2 or 3 times, adios, have fun in jail. But, if you are REALLYBIGCO, it don't matter, because something you can't put in jail the legalised 'person' called a corporation, can't be locked up.

    It's not time to bust up microsoft,that's way long past as far as I am concerned, it's time to get rid of the federal law (santa clara versus union pacific railroad)allowing *legal* "personhood" to a piece of paper with a stamp on it called a corporation, and put it back to NAMED human beings are always responsibile for their decisions. All incorporation does is give these goons a free skate and a legal shield to HIDE behind for crimes and to hide behind for taxes and to hide behind for campaign briberies, something joe sixpack never has. WHY is this considered "fair" and legal anyway?

    It's disgusting. Not just MS, several bigcos out there are deserving of being dissolved, their stockholders left with useless paper and digits, then MAYBE it might sink in to companies and "investors" to not invest in being crooks.

    man, this stuff gets me steamed....... and software patents? puh leeze, that was a big mistake a long time ago.... if they want to make it closed source to "make money" give them at most a 5 year copyright when they can keep it secret, then it opens up to the public. This forever and a day noise is too much too with copyrights.