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Microsoft Found Guilty of Patent Infringement

Spy der Mann writes "Microsoft has been found guilty of patent infringement and ordered to pay a Guatamalan inventor Carlos Armando Amado almost $9m in damages. The US District Court of Central California court ruled that Microsoft had infringed on his intellectual property and ordered it to pay him $8.96m. The patent in question is a method to transfer data between Microsoft Excel and Microsoft Access using a single spreadsheet."

342 comments

  1. In other news... by Rei · · Score: 5, Funny

    In other news, Guantemala's gross domestic product tripled today...

    --
    Sigur RÃs: I didn't know that Heaven had a rock band.
    1. Re:In other news... by sholden · · Score: 1, Informative

      Guatemala's GDP is $60 billion or so, and that doesn't include all the P from drug trafficing, so your joke is a little too far from reality to be funny

    2. Re:In other news... by Anonymous Coward · · Score: 0

      No, it's still funny, you just have no sense of humour.

    3. Re:In other news... by Anonymous Coward · · Score: 5, Funny

      Grover Norquist called - he wants his sense of humor back. Now if you'll excuse me, the 80s is calling, and wants its insult format back...

    4. Re:In other news... by pHatidic · · Score: 1

      Actually, I think your reality is too far from the joke to be funny.

    5. Re:In other news... by MynockGuano · · Score: 4, Funny

      Oh darn, I laughed at it. See, I thought the poster was being facetious, and it therefore struck me as humorous in that it exemplefied the irony of a huge American megacorporation being sued by a small Latin American business on basically their own turf by exaggerating the extent to which Microsoft's own GDP tends to rival entire nations. I feel so dumb now.

    6. Re:In other news... by Anonymous Coward · · Score: 0


      Actually in US dollars the GDP is more like $25 billion or so. Using PPP, which is a somewhat artificial measure it comes to $60 billion.

    7. Re:In other news... by AlphaJoe · · Score: 1

      Whatever you say Miss Guatemala...

      --
      A computer once beat me at chess, but it was no match for me at kick boxing.
    8. Re:In other news... by Rei · · Score: 3, Interesting

      And for comparison, Gates is worth about 40B$ (as of 2003) according to Forbes (and that's a low-end number, from what I've seen elsewhere). In the first quarter of 2004, Microsoft had revenues of 10B$, and had a total market capitalization of around 250B$.

      --
      Sigur RÃs: I didn't know that Heaven had a rock band.
    9. Re:In other news... by Anonymous Coward · · Score: 0

      Now if you'll excuse me, the 80s is calling, and wants its insult format back...

      At least now it's calling wirelessly...

    10. Re:In other news... by Anonymous Coward · · Score: 0

      On the other hand people not from the States saw it as another "you're too small to matter" joke, a common strain of 'humour' nowadays from you folk. Cultural perspectives I guess.

    11. Re:In other news... by Anonymous Coward · · Score: 0

      Ha ha ha.

      I live in such a rich and powerful country that I can take the liberty to laugh at other smaller, less powerful countries.

      Ha ha ha.

      Actually... the GDP would only grow to about 0.033%.

    12. Re:In other news... by Zonnald · · Score: 1

      He most of thought tfa referred to a Tongan man. Tonga GDP 244M

    13. Re:In other news... by Zonnald · · Score: 1

      I believe that if 60B is quoted in Quetzal then you looking at about 7.5B USD. But indeed I am sure that all GDP quoted by the CIA are in USD only.

    14. Re:In other news... by Anonymous Coward · · Score: 0

      I actually did the math. Lets assume that Bill Gates has 40 billion, which is pretty close to what he actually has, give or take. Now lets put that comparison of 40 billion/9 million in terms of an average middle class worker.

      If the average worker makes $100,000 a year (making this figure up, I dont know the real average earnings) then it is the equivilant of that worker paying $22.50.

      Picture being sued for $22.50. But hey, if your going to be sued I think thats getting off pretty easy.

    15. Re:In other news... by baeksu · · Score: 1

      Yes, but Guatemeala's GDP is 60 billion. Onle way Gates can equal that is if he earned that much a year.

      Guatemala's actual worth is in a whole other magnitude. It's just they only earn 60 billion a year.

      --
      Gnome: A never ending quest to make unix friendly to people who don't want unix and excruciating for those that do.
    16. Re:In other news... by rjshields · · Score: 2, Interesting
      On the other hand people not from the States saw it as another "you're too small to matter" joke, a common strain of 'humour' nowadays from you folk. Cultural perspectives I guess.
      Great point. I guess people may not realise how they appear from the outside.
      --
      In this world nothing is certain but death, taxes and flawed car analogies.
    17. Re:In other news... by rjshields · · Score: 1
      the irony of a huge American megacorporation being sued by a small Latin American business
      That's almost as ironic as having 10,000 spoons and just needing a knife.
      --
      In this world nothing is certain but death, taxes and flawed car analogies.
    18. Re:In other news... by Anonymous Coward · · Score: 0

      Mary-Lou!! Joe done gone and soiled hisself in the yard again!! Fetch water!!

    19. Re:In other news... by benhaha · · Score: 1

      PPP compares what Guatamalan goods and services Guatamalan people can buy with Guatamalan money in Guatamala compared to what American goods and services Americans can buy with American money in America. It aims to compare all goods and services which are consumed, regardless of whether they are traded across borders.

      Exchange rates compare what Guatamalan goods and services American people can buy with American money in America, compared to what American goods and services Guatamalan people can buy with Guatamalan money in Guatamala. I.e. it only accounts for goods and services which are actually traded across borders.

      Which one you should use depends on whether you are comparing how well off people are or importing goods.

      --
      NO ID: BEING FREE MEANS NOT HAVING TO PROVE IT
    20. Re:In other news... by fnj · · Score: 1

      If the average worker makes $100,000 a year (making this figure up, I dont know the real average earnings)...

      No issue with your math, but your social sense is a bit lacking. The median salary in California is $27,980, and it is one of the higher states. In 1999, the median salary of US scientists and engineers was $60000.

    21. Re:In other news... by Anonymous Coward · · Score: 0

      On cell phones the size of a suit case

    22. Re:In other news... by CastrTroy · · Score: 4, Insightful

      Yeah. I don't understand what world people grew up in that they think that most people make close to $100,000 a year. They don't realize that half the population lives off less than $30,000 a year. I know some people who couldn't survive off that much, and others who would be swimming in money making that much. It's all about understanding how to effectively spend your money.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    23. Re:In other news... by Anonymous Coward · · Score: 0
      And it should be "Guatemalan," not Guatamalan.

      So many brains on slashdot, yet so little education.

    24. Re:In other news... by Suicyco · · Score: 1

      Nuke guatemala.

    25. Re:In other news... by Meski · · Score: 1

      Ah. There seems some irony that Microsoft would lose a case dealing with data transfer between two of its own products, probably using a third of its products (scripting) to do it.

    26. Re:In other news... by Anonymous Coward · · Score: 0

      And where you live. Where I live, I make about 24k a year. I live comfortably, rent a 80m2, hardwood floor, 2 bedroom flat, have cable, broadband, save a third of my income towards a house of my own, and spend plenty. And not a single cent of debt.

  2. David vs Goliath by legallyillegal · · Score: 0

    and with one small stone, the giant fell...

    --
    ?giS
    1. Re:David vs Goliath by Anonymous Coward · · Score: 0

      You mean a pebble?

    2. Re:David vs Goliath by 77Punker · · Score: 3, Insightful

      Well, the giant isn't exactly falling. I'm sure that to the winner of the lawsuit, it felt great to get paid loads of money for his patent.

      To Microsoft and the billions upon billions of dollars under their control, however, it's like trying to drain a lake by siphoning it through a straw.

    3. Re:David vs Goliath by kayen_telva · · Score: 4, Funny

      doesnt bill have that much in his couch ?

    4. Re:David vs Goliath by KaptNKrunchy · · Score: 1

      I think at this point, fell might be a little strong of a word.

    5. Re:David vs Goliath by Janitha · · Score: 2, Interesting

      it's like trying to drain a lake by siphoning it through a straw.

      Giving any action enough time, it will succeed.

      I am sure this being somewhat a large hit to MS's horrible record, it would cause other patent holders to reconsider bringing up cases against the Microsoft.

    6. Re:David vs Goliath by BarneyRabble · · Score: 5, Funny

      Sorry, the giant tripped over a giant turtle and spilled some cash.

    7. Re:David vs Goliath by Anonvmous+Coward · · Score: 2, Funny

      "and with one small stone, the giant fell..." ... to his knees laughing.

    8. Re:David vs Goliath by coopaq · · Score: 1
      doesnt bill have that much in his couch ?

      Yes because he has money coming out the Wazoo.

    9. Re:David vs Goliath by Anonymous Coward · · Score: 0

      Hey, persistence pays off. One straw-full now will be another glass -- half full -- later.

    10. Re:David vs Goliath by Master+of+Transhuman · · Score: 0, Troll


      He'll probably pay the guy from the Gates Foundation assets and call it a "charitable contribution" on his taxes.

      That would be like him.

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    11. Re:David vs Goliath by dooglio · · Score: 2, Informative

      I guess I'm understanding why even Microsoft is asking for software patent reform: http://politics.slashdot.org/article.pl?sid=05/03/ 11/1216222&tid=109&tid=155&tid=123&tid=219

    12. Re:David vs Goliath by 77Punker · · Score: 1

      But can the straw out-flow the rain every few days? Wait...this is going way too far!

  3. Does this mean patents are good? by Anonymous Coward · · Score: 5, Funny

    So wait, does this mean patents are good now?

    I'm so confused!

    1. Re:Does this mean patents are good? by unoengborg · · Score: 1

      No, patents are still bad. But stories like this help to fight the common misconception that patents are only harmful to FOSS. And that is a good thing.

      --
      God is REAL! Unless explicitly declared INTEGER
    2. Re:Does this mean patents are good? by Anonymous Coward · · Score: 1, Insightful

      No, patents are still bad.

      Just because a child molester gets his house robbed, that doesn't mean people who rob houses have moved up the social ladder. It's just that anything that hurts a child molester is worth celebrating, at least for a few moments.

    3. Re:Does this mean patents are good? by SeventyBang · · Score: 2, Funny

      They're only harmful to Friends Of the Same Sex?

    4. Re:Does this mean patents are good? by Anonymous Coward · · Score: 0

      No, they are not good at all.

      But lets think about this for a second.

      We all know that the large corps hold thousands of ridiculous patents,
      a veritable war chest to be used to conduct legal (but immoral) attacks
      against their competitors.

      It also stands to reason that there must be a large number of
      individuals or small corps that hold frivolous patents that M$ is
      violating. If (say) the FSF was able to coordinate legal attacks of
      Microsoft and other pro-patent corps perhaps they will see the light
      and join our cause to eliminate them.

      Fight fire with fire.

      If a corp like Microsoft turned face and started to oppose software
      patents we may just see this nonsense stopped.

  4. Here's the reason ... by spagetti_code · · Score: 3, Insightful

    that MS is firing a few thousand patents a year at the USPTO - protecting themselves.

    You gotta have some sympathy for MS about this.

    1. Re:Here's the reason ... by Tarcastil · · Score: 1

      If ~9 million changes people's sympathies about Microsoft, that's probably the best 9 million they've ever spent.

    2. Re:Here's the reason ... by Anonymous Coward · · Score: 0

      Uhh.. no. There is no such thing as a defensive patent.

      Read that again: There is NO SUCH THING as a defensive patent.

      It's unlikely this Guatamalan "inventor" had any technology on him that Microsoft could sue him for patent infringement.

    3. Re:Here's the reason ... by DaveInAustin · · Score: 1

      Yes, but they are protecting themselves only against people who actually make something. If you don't make anything (ie, you just try to exploit patents), you can't be sued for patent infringement. The only thing good about this is that perhaps some lawmakers will see how harmful the whole concept of software patents is and reign it in.

      --
      --- http://davidnehme.blogspot.com
    4. Re:Here's the reason ... by Anonymous Coward · · Score: 0

      In this case, "defensive" means obtaining the patent before someone else can submarine it.

    5. Re:Here's the reason ... by killjoe · · Score: 1

      " that MS is firing a few thousand patents a year at the USPTO - protecting themselves."

      It didn't work though did it?

      "You gotta have some sympathy for MS about this."

      For what? So they had pay a million or so to some poor south american. Sorry doesn't bother me a bit.

      --
      evil is as evil does
    6. Re:Here's the reason ... by TWX · · Score: 4, Informative

      "that MS is firing a few thousand patents a year at the USPTO - protecting themselves."

      EEEEH! Wrong! All that they have to do is demonstrate prior art if they're charged with patent infringement. If they can show such then they should be able to win just about any lawsuit alleging wrongdoing. The entire point of a patent is to claim exclusive original rights or exclusive use.

      --
      Do not look into laser with remaining eye.
    7. Re:Here's the reason ... by SeventyBang · · Score: 1


      ...they bragged how many patents they received last year and claimed they were going to receive...what was it? 3'500? 5'000? patents this year. Not apply for, but receive approval for.

      We know they've got a cast of landsharks trained like trick ponies to jump through hoops, creating an additional revenue stream, and it's obvious Jeff|Amazon isn't far behind, but at some point, someone is going to have to sneak in to the PTO and alter the firmware which automatically stamps "Approved" on those applications as they roll down the assembly line.

      The pharmaceutical industry continually tries to extend the life of their patents without altering their formulae, somehow forgetting the Constitutional provisions, Congress has passed the Mickey Mouse laws, we're seeing an extension on the Beatles; so:

      How long will it be before we see Microsoft's one-company PAC start sending email to Congress Critters, <ESP>urging</ESP> them to extend their patents when they become due? Even better: when will they attempt to amend the Constitution?


      _______________________________
      Next time, try stopping by eBay and buying a clue.

    8. Re:Here's the reason ... by Anonymous Coward · · Score: 0

      I'm sure it's much harder to show prior art than to just whip out a patent.

    9. Re:Here's the reason ... by Anonymous Coward · · Score: 0

      The free software foundation has stated that it is reasonable to own patents provided you only use them defensively. There are plenty of "legitmate" patents which are still unreasonable.

    10. Re:Here's the reason ... by DoctorHibbert · · Score: 1

      Sorry, but that's simply not the case, as I'm currently serving as an expert witness for a defendant in a patent case. You must also convince a jury that you have prior art. Good luck getting a jury of everyday schmoes to understand some complex technical issue. You see both sides will have expert witnesses, and they will both say how much they believe they are right. Both sides will spout technical jargon and the juries eyes will glaze over. And the jury will determine the winner based on things like who most likable. So if you can paint yourself as some poor schlub who got ripped off by MS, then the technical stuff really doesn't matter. Really. It's fucking sad, but that's how it works.

      --
      Arbitrary sig
    11. Re:Here's the reason ... by DoctorHibbert · · Score: 5, Insightful

      All that they have to do is demonstrate prior art if they're charged with patent infringement

      Sorry, but that's simply not the case, as I'm currently serving as an expert witness for a defendant in a patent case. It's not enough to have prior art, you must also convince a jury that you have prior art. Good luck getting a jury of everyday schmoes to understand some complex technical issue.

      You see both sides will have expert witnesses, and they will both say how much they believe they are right. Both sides will spout technical jargon and the juries eyes will glaze over. And the jury will determine the winner based on things like who most likable. So if you can paint yourself as some poor schlub who got ripped off by MS, then the technical stuff really doesn't matter. Really. It's fucking sad, but that's how it works.

      --
      Arbitrary sig
    12. Re:Here's the reason ... by PsychoBrat · · Score: 1

      The problem there is that it's all to easy to predict a trivial feature that is likely to be added in future, then sue for unreasonable amounts when they implement it. Yes, of course there is such a thing as defensive patenting, but that doesn't justify keeping a broken system that allows so much of the patent mayhem we see today.

      --
      Invisible to moderators.
    13. Re:Here's the reason ... by DoctorHibbert · · Score: 1

      oops ignore parent, responded to wrong post.

      --
      Arbitrary sig
    14. Re:Here's the reason ... by seriesrover · · Score: 1
      um, how do you know?

      Thats like saying the Y2K thing was a fuss over nothing because it went pretty smoothly - in reality if they didn't fix the problems it would've been much worse. And likewise, if MS don't grab as much IP as they can then they'd fall victim to it even more than this $9M.

    15. Re:Here's the reason ... by Anonymous Coward · · Score: 0

      I think you are wrong - large corporations do acquire large amounts of patents exactly for this purpose: if a small inventor comes up with a patent that [insert large corporation here] can be shown to infringe on, [insert large corporation here] will more than likely be able to find another patent in its huge portfolio that the small inventor's invention infringes upon. For example a Button widget. Or a windowing system. Or source code. Or anything else, really.

      Still goes to show how broken the USPTO is...

    16. Re:Here's the reason ... by Steeltoe · · Score: 1

      As long as Microsoft is on the forefront of software patents in USA, Europe and the rest of the world, don't expect any sympathy.

      It's got nothing to do with revenge, at least for me it ain't. It's got to do with taking responsibility for your actions and living with the consequences.

      You know, when you buy bad laws, you have to live with them..

      Yes, the legal system is bad and messed up, but they're making it worse, creating more jobs for lawyers. They're betting they can afford it, and the others not. I can't understand such an egoistic attitude at all, and such unwise/ignorant decisions is always the downfall of the large ones.

      You just have to laugh when big companies shoot themselves in the foot like that. Yeah, it's sad too, but why cry over a mega-corporation?

    17. Re:Here's the reason ... by The_Wilschon · · Score: 1

      IBM had PL/1 with syntax worse than JOSS, and everywhere the language went, it was a total loss...

      Hooray for Crunchly!

      --
      SIGSEGV caught, terminating

      wait... not that kind of sig.
    18. Re:Here's the reason ... by killjoe · · Score: 2, Informative

      I call bullshit. The only thing you can do with a stash of IP is to countersue. So far MS has not countersued anybody.

      --
      evil is as evil does
    19. Re:Here's the reason ... by frank_adrian314159 · · Score: 1
      And the jury will determine the winner based on things like who most likable. So if you can paint yourself as some poor schlub who got ripped off by MS, then the technical stuff really doesn't matter.

      Contrawise, if Microsoft's army of lawyers can convince the jury that you're a greedy SoB just trying to rip off Microsoft, then the technical stuff really doesn't matter, either. Who has a better chance of which? Ultimately, the process seems fair, although you are right that the evidence presented is often only a medium for the real decision (i.e., we have two sides of a story; each party has a vested interest to spin the truth; who's more trustworthy).

      It's fucking sad, but that's how it works.

      Well, yeah, it sucks, but I still like the whole jury of one's peers thing - it seems to work out OK in the long run.

      --
      That is all.
  5. I bet he's thinking.... by aussie_a · · Score: 2, Insightful

    "Damn! Should have settled. They were offering me $10 million."

    1. Re:I bet he's thinking.... by superpulpsicle · · Score: 1

      Assuming M$ is a $30,000,000,000 company and they make .01 percent interest in the bank this month. That easily takes care of that $9 million.

      Judges need to figure out how to put a dent on these guys. Like take excel out of the office suite.

    2. Re:I bet he's thinking.... by Martin+Blank · · Score: 2, Interesting

      No, they don't need to figure out how to put a dent in these guys. Aside from the issue that this is over a software patent (something railed against so often, but since this is against Microsoft it must be OK), actual damages, and perhaps some punitive damages should have been applied, but the Supreme Court has in a way limited advised damages to nine times the actual damages in guidelines from the last few years (a case about a scratched BMW, IIRC).

      Getting back monies lost is fine. Getting some additional monies to make a point is fine. There's no reason to push that out to billions in damages.

      --
      You can never go home again... but I guess you can shop there.
    3. Re:I bet he's thinking.... by Anonymous Coward · · Score: 0
      The courts (in this instance!) didn't find that Microsoft were violating anti-trust laws, they found that Microsoft violated copyright laws. $9 million seems to be a worthy sum paid to an individual in this instance for compensation. And how would taking Excel out of the office suite make any sense at all? *shakes head*

      Oh, wait, you must support open source, right?

    4. Re:I bet he's thinking.... by Anonymous Coward · · Score: 0

      As someone firmly against software patents, I resent your implication that hoping for large punishments against MS is somehow biased and contradictory. I'm all for huge fines against every software patent violation. The bigger the better; the more media coverage the better. The deeper the pockets gone after, the better.

      The other option is for software patents to slide by doing negligible harm as they become more and more entrenched in our legal system, and the public mindset, until there's no way back.

      It should be like having a September 11th, except instead of citizens, firefighters, and skylines you'd have Microsoft, and instead of the stripping of civil liberties you'd have the fortifying of intellectual freedoms.

    5. Re:I bet he's thinking.... by robertjw · · Score: 2, Insightful

      Aside from the issue that this is over a software patent (something railed against so often, but since this is against Microsoft it must be OK)

      Actually it's more than OK, it's GREAT - but not for the reasons you think.

      The patent system is completely screwed up. The only way it will ever get changed is if we see some negative effects on big industry as well as small. The way the US government currently works it will do anything to protect big business and the precious economy. If stupid patents start restricting big business rather than helping it Washington will sit up and take notice. On top of that, companies like Microsoft have the money and connections to make a lot of noise about stupid patents.

      I hate the decision on an idelogical level, but appreciate it on a political one.

    6. Re:I bet he's thinking.... by nacturation · · Score: 2, Informative

      The courts (in this instance!) didn't find that Microsoft were violating anti-trust laws, they found that Microsoft violated copyright laws.

      And for the nth time, where n approaches infinity, patent law != copyright law.

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    7. Re:I bet he's thinking.... by Alsee · · Score: 2, Insightful

      (something railed against so often, but since this is against Microsoft it must be OK)

      It reminds me of a scene from a movie. I forgot what movie, and I'll have to make up some details, but it goes something like this...

      You have one person (the shark) being very freindly and helpful teaching someone else (the victim) "how to play poker". They of course are playing for money. The shark is being particularly helpful, even placing the vitim's money into the pot for him... helping him bet.

      As the poker lessons go on, the shark starts making up rules so that he wins every hand (and taking all the money). One hand the victim gets all excited... "Oh look! I have a full house! That means I win this time, right?" The shark then says no, I have a pair of threes... that's called a tripple wammy and it beats a full house. Of course the victim is all sad, but completely clueless.

      Then of course two hands later (with a huge pot holding ALL the money) the shark lays down a full house and reaches towards the pot... and the victim lays down a pair of threes and shouts TRIPPLE WAMMY BEATS A FULL HOUSE! The victim innocently scoops up all the money and scampers off.

      Well if Microsoft wants broken patent law and software patents... if Microsoft is going to try to EXTORT other countries into imposing these same broken rules... well no one is going to shed a tear when someone jumps up and yells TRIPPLE WAMMY and walks off with Microsoft's money.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    8. Re:I bet he's thinking.... by Martin+Blank · · Score: 1

      I don't like software patents, and I don't like massive payouts designed to "make an example" where there is no justification for them. I'm not about to compromise one for the other. The courts followed a law with which I do not agree, but it is still a law, and needs to be followed. There are other ways of dealing with this, and in any case, some mega award would have been knocked down significantly on appeal anyway.

      --
      You can never go home again... but I guess you can shop there.
  6. Poetic Justice. by kryogen1x · · Score: 2, Interesting

    'Nuff said.

    1. Re:Poetic Justice. by ajs · · Score: 5, Insightful

      Poetic justice?! Hardly!

      The only good that could come of this would be the remote chance that it could convince MS that software patents are a terrible idea and prod them into backing Red Hat and Oracle's push to reform patents in the US and Europe.

  7. umm... no. by geoffspear · · Score: 5, Informative

    Patent infringement is not a crime, so they were not, in fact, found "guilty".

    --
    Don't blame me; I'm never given mod points.
    1. Re:umm... no. by aussie_a · · Score: 5, Insightful

      Patent infringement is not a crime

      Yet.

    2. Re:umm... no. by Anonymous Coward · · Score: 0

      Correct. They were found liable for certain amounts of money in the form of actual damages and punitive damages.

    3. Re:umm... no. by Anonymous Coward · · Score: 0

      Sleeping with your best friend's girlfriend or eating an extra large pizza aren't crimes either, yet you will feel guilty afterwards. "Guilty" doesn't just have a narrow legal meaning in English. Yes, you can be "guilty" of patent infringement.

  8. The cost of waging war on your own terms by bersl2 · · Score: 2, Insightful

    Not that MS cares, or anything, seeing as no one can push them around at their own game.

  9. WHAT? by halo8 · · Score: 3, Insightful

    So.. he patented a way for Microsoft Excel to work with Microsoft Access.. both products that Microsoft makes.

    Then he sued Microsoft???

    I know.. i patent a way for Apple Intel to work with Apple PowerPC, no one would ever think of that.

    --
    The More Knowledge you have the Luckier you Get- J.R. Ewing
    1. Re:WHAT? by Quantam · · Score: 1

      Yeah, I'm also dumbfounded that the guy managed to patent the intermixing of two MS products, then sue MS for using them. It's pretty unusual to even see MS defy logic that strongly.

      --
      You have tried to support your argument with faulty reasoning! Go directly to jail; do not pass Go, do not collect $200!
    2. Re:WHAT? by Epistax · · Score: 1

      I don't own a patent on any particular toaster brand, but if I find a really neat way to put a clock in one, you bet your ass I'll patent it.

      </republican mode>

    3. Re:WHAT? by timeOday · · Score: 1

      Every invention builds on others. I'm just glad Tesla doesn't come suing every time a patent involves electricity.

    4. Re:WHAT? by Nasarius · · Score: 1

      You mean Zombie Tesla, right?

      --
      LOAD "SIG",8,1
    5. Re:WHAT? by Flower · · Score: 1

      No. Sweet Zombie Tesla!

      --
      I don't want knowledge. I want certainty. - Law, David Bowie
    6. Re:WHAT? by Linker3000 · · Score: 1

      I didn't RTFA (that really didn't need saying, did it) - was it kinda like...

      1) Patent CTRL-C, CTRL-V
      2) Profit

      --
      AT&ROFLMAO
    7. Re:WHAT? by Feztaa · · Score: 1

      I too am glad that 126-year dead corpses don't spend their time in court suing people who benefit from their inventions.

    8. Re:WHAT? by Feztaa · · Score: 1

      Crap, I got the age wrong. That's what I get for googling "tesla died" and then reading the year from the google blurb without checking to make sure it was the actual death date for tesla and not his father. Fuck.

      Still, the joke about zombies in courtrooms is good, eh? eh? ;)

    9. Re:WHAT? by timeOday · · Score: 1
      Still, the joke about zombies in courtrooms is good, eh? eh? ;)
      Yes, except it is very close to the truth. Copyright protection is now so long, it extends far beyond the life of the creator. Who are we trying to reward here?

      (I realize this story is about a patent and not a copyright, but I'm sure glad patents haven't become perpetual like copyright has... and I hope it's not just a matter of time until patents are extended!)

  10. I hate Microsoft, but I hate these guys more by Dancin_Santa · · Score: 4, Insightful

    As much as I hate Microsoft, I hate people who think they can use patents to cash in on something after the fact. Rambus did this in its ambush of memory makers. Eolas did this to Microsoft. Intertrust is doing this now to MS.

    These companies sit around and brainstorm ideas without ever coming up with anything tangible, then they receive patents on their broad ideas. With the patent in hand, they can then sue anyone and anything that looks to be infringing. It's really sad.

    At least when IBM or Microsoft or Sun patent something, they have some tangible product they look to implement. The patent leeches just look for traps they can set for big payoffs later on.

    1. Re:I hate Microsoft, but I hate these guys more by Cthefuture · · Score: 3, Insightful

      Software patents suck. I don't care who is trying to use them, they suck. Microsoft is the victim today, tomorrow it could be you.

      It is like patenting how I make my breakfast in the morning. It's just stupid.

      --
      The ratio of people to cake is too big
    2. Re:I hate Microsoft, but I hate these guys more by thegamerformelyknown · · Score: 0

      It will be interesting to see if Microsoft changes their mind on Patents after this.

    3. Re:I hate Microsoft, but I hate these guys more by the+gnat · · Score: 4, Informative

      At least when IBM or Microsoft or Sun patent something, they have some tangible product they look to implement.

      Um. IBM was infamous for filing patents like crazy and then using these to shake down competitors. The worst as called the "fat lines" patent; I think it essentially covered drawing a line twice with a pixel offset. There was a story in Forbes (posted on Slashdot) a few years back about how IBM decided to extort money from Sun for violating the patent. Sun's engineers gave them a lengthy explanation and told them "see, we're not infringing." IBM's lawyers just shrugged and said "We're just going to find something else you're infringing, so you might as well pay us now."

      Gates once remarked (back in 1990 or so) that if the patent situation had always been this bad the computing industry would have been stillborn. He also said that Microsoft needed to get patents purely as a defensive measure. As far as I'm aware, despite Microsoft's generally sleazy business practices they've generally been one of the least vicious and exploitative patent holders.

    4. Re:I hate Microsoft, but I hate these guys more by Johnny+Doughnuts · · Score: 1

      What if you run a bed and breakfast, and your main attraction is how you make yours, along with your guests' breakfasts?

    5. Re:I hate Microsoft, but I hate these guys more by CliffH · · Score: 2, Funny

      Note to self: Send in patent for procedure of applying butter to burnt, toasted, or warm bread for consumption in the a.m.

      --
      sigs are like a box of chocolates, they all suck remove the underscores to email me
    6. Re:I hate Microsoft, but I hate these guys more by TapeCutter · · Score: 1

      Then you need to be more creative to survive, lobbying the govt. to legally restrict others from making eggs on toast is moronic.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    7. Re:I hate Microsoft, but I hate these guys more by Saeger · · Score: 1

      Then that would be called a marketing gimmick, and isn't deserving of a patent monopoly which is supposed to promote progress, not one-trick/click exclusive idiocy.

      --
      Power to the Peaceful
    8. Re:I hate Microsoft, but I hate these guys more by Anonymous Coward · · Score: 0

      You've got one of those mats with conclusions on them that you can jump to, don't you? Almost nothing in your post is correct, as would be easily seen with a little actual reading.

    9. Re:I hate Microsoft, but I hate these guys more by killjoe · · Score: 1

      Although I agree with you in principle, in practice this is a good thing. As long as the the only people complaining about patent law is the FSF and open source crowd nothing will get done. If MS starts complaining then the politicians will listen.

      I wish thousands of people would sue MS and win. Once they lose enough patent lawsuits they will push for meaningful patent reform. This of course is just pocket change for them. Bill Gates will dig through his couch and come up with the money to pay the guy and go on his merry way.

      --
      evil is as evil does
    10. Re:I hate Microsoft, but I hate these guys more by maxwell+demon · · Score: 1

      Rejected: The obligatory phrase "using a computer" was not found.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    11. Re:I hate Microsoft, but I hate these guys more by Ninwa · · Score: 1
      despite Microsoft's generally sleazy business practices
      They do what they do to stay in busineses, I don't think anything they've done has been ethically wrong. I know this is OT but everyone always points back to how it started with them buying "Quick and Dirty DOS" for 50,000... saying they "stole it". I see that as a good business move, they didn't steal anything.
    12. Re:I hate Microsoft, but I hate these guys more by QuaZar666 · · Score: 1

      just call it a process to apply butter to chemically modified with heat to products containing starch. or better yet call butter a substance containing at least 80% milk fat.

    13. Re:I hate Microsoft, but I hate these guys more by mixonic · · Score: 1

      It is like patenting how I make my breakfast in the morning. It's just stupid.

      Actually, it's like patenting your breakfast, regardless of how you make it. It doesn't even matter if one guy makes eggs fried with salt and one makes them scrambled with salsa; If you make eggs, I'm suing your ass!

      -mix

    14. Re:I hate Microsoft, but I hate these guys more by dkf · · Score: 1

      As much as I hate Microsoft, I hate people who think they can use patents to cash in on something after the fact. Rambus did this in its ambush of memory makers. Eolas did this to Microsoft. Intertrust is doing this now to MS.

      [Emphasis mine]


      BZZZT! Wrong.


      I know the Eolas people, and I know that their case is much more like the case with the Guatemalan guy. They came up with a really neat idea, got a patent, showed it to MS who said they weren't interested and then proceeded to rip them off by using the technology anyway. That's just a low scum thing to do, whatever you think about software patents.


      But this is slashdot so don't expect the facts to be thick on the ground in this discussion...

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    15. Re:I hate Microsoft, but I hate these guys more by Sique · · Score: 1

      You mean, like the patent how to swing with a swing by pulling at the ropes?

      --
      .sig: Sique *sigh*
    16. Re:I hate Microsoft, but I hate these guys more by bit01 · · Score: 1

      I don't think anything they've done has been ethically wrong.

      You've been taken in by their marketing 'droids. One example among many.

      ---

      If you haven't tested your code under heavy load and limited memory on an SMP machine then you haven't tested it.

    17. Re:I hate Microsoft, but I hate these guys more by the+gnat · · Score: 1

      I don't think anything they've done has been ethically wrong.

      How about telling Apple that they'd drop Office for Mac (an insanely profitable product) unless Apple made IE the default browser?

  11. new business strategy by pintomp3 · · Score: 5, Funny

    i like this idea you are trying to sell us. but it reminds me of something we are already working on. you may leave now, no need to take your folder with you.

    1. Re:new business strategy by Richard+Dick+Head · · Score: 2, Funny

      Well thats no joke, but they word it differently...investors will give you some money, but not enough to make your product successful... your company folds eventually, investors take your product and make 100-fold their initial pittance.

      You would agree too, since you'd say to yourself "well if it folds, then I don't need product rights anyway..."

      There's only one way to make big bucks...luck. Hard work, intelligence, and preperation are meaningless - everyone has that. So play the lottery if you want to hit the jackpot, at least thats low stress.

  12. MS, good stuff? by rd4tech · · Score: 1

    I know people always point out how bad Microsoft is, but, I'm seeing plenty of advertising about all kinds of research sponsorship Microsoft does, and wondering if I should enroll (at least try) in some of them? I also have few new algorithms that people pointed out to me "try selling that to Microsoft".

    Can anyone tell me more about their good/bad experiences regarding IP and Microsoft ? And I'm not talking only for the bashing part, Microsoft is a big company and plenty goes on with them, anything positive?

    1. Re:MS, good stuff? by aussie_a · · Score: 5, Funny


      Can anyone tell me more about their good/bad experiences regarding IP and Microsoft ?


      Dear rd4tech

      I've had a good experience, and I definitely look forward to future business with them.

      Sincerely

      Carlos Armando Amado

    2. Re:MS, good stuff? by zerbot · · Score: 3, Insightful

      As I pointed out in another comment to another story, among software developers the standard wisdom is, "Get in bed with Microsoft, and expect to get screwed." They have repeatedly managed to extract whatever they want from collaborations or licenses and left the other party wondering how it is that they got nothing.

    3. Re:MS, good stuff? by Anonymous Coward · · Score: 0

      Cite any examples? They sure as hell pay their employees well...I heard a statistic of 10,000 millionaires. Why would I think they would treat partner companies any less well?

    4. Re:MS, good stuff? by Anonymous Coward · · Score: 0

      Boy, is this ever off topic on Slashdot.

    5. Re:MS, good stuff? by Anonymous Coward · · Score: 0

      Are you kidding? OS/2? Sendo? Apple?

      Here's one google hit.
      http://dfarq.homeip.net/article/935

      They're remarkably notorious for making deals with other companies, stealing the details they need from them, then abandoning them and doing it on their own.

    6. Re:MS, good stuff? by chocotof · · Score: 0

      well, We once sent them a mail asking whether they would be interested in something ... and we got a reply back that they weren't AND that they consider any information sent to them immediately as their own. So if you just sent them a message stating that you can do something and it gives them an idea that they previously didn't think about, they claim that the idea is theirs.

    7. Re:MS, good stuff? by Anonymous Coward · · Score: 0

      Amen. Take a good look at what Microsoft just did to SPF (at http://spf.pobox.coom./ They waylaid the name of the anti-email-forgery technique, stapled a patented but nonsensical XML header on email, pretended it was still SPF, took credit for the SPF work, but then blocked further SPF development by refusing to release their unnecessary and badly designed, patented XML SenderID crap for development in open source. The end result is that Microsoft is pretending their easily defeated and stolen "keys" for which they collect fees and which spammers can easily buy from them to forge spam are SPF, and that the real SPF has stalled out because the various standards committees don't want to go through that nonsense again.

  13. Oh... by sedyn · · Score: 0

    And Bill was just about to buy that ivory back-scratcher that he wanted.

    --
    Am I open minded towards open source, or closed minded towards closed source?
    1. Re:Oh... by Ziviyr · · Score: 1

      Now he'll buy two.

      --

      Someone set us up the bomb, so shine we are!
  14. Little Guy by ppcvidz.com · · Score: 0

    It's nice to see the little guy win every once in a while.

    1. Re:Little Guy by cicho · · Score: 1

      It's not ince at all. If software patents are wrong, they're wrong regardless of who sues whom. You know, that guy may have a similar parent for Open Office.

      --
      "Only the small secrets need to be protected. The big ones are kept secret by public incredulity." - Marshall McLuhan
    2. Re:Little Guy by sabernet · · Score: 1

      Hardly...this "little" guy did a dick-ish thing. I hate M$ as much as the next slashdotter, but it doesn't mean I agree with what has happened. This kind of crap is wrong no matter who uses it on who.

  15. Good for them by xmgl · · Score: 1

    serves them right :->

    1. Re:Good for them by Anonymous Coward · · Score: 0

      Could you please try for a less generic post next time?

      Thanks...

  16. Actually, that's in Guatemalan Quetzal by aussie_a · · Score: 3, Informative

    That isn't American dollars. He "only" got $1,166,448

  17. Coming up later in this newscast... by Admiral+Justin · · Score: 5, Funny

    Jackson found innocent, invites school bus full of children to his ranch to celebrate.

    Yahoo decides to give up fight against Google and shifts all it's resources to making small toys for the quarter machines at grocery stores.

    Gnome and KDE finally resolve differences and merge, new name to be KnomE

    Secluded inventor in Guatamala buys entire country a round.

    --
    You will be baked, and there will be cake.
    1. Re:Coming up later in this newscast... by caluml · · Score: 1
      Gnome and KDE finally resolve differences and merge, new name to be KnomE

      Oh, I can only hope. I wanted to install Evolution on my KDE box:

      bash-2.05b$ emerge -pv evolution | grep ebuild | wc -l
      56
      bash-2.05b$
    2. Re:Coming up later in this newscast... by Anonymous Coward · · Score: 0
      Jackson found innocent, invites school bus full of children to his ranch to celebrate.

      Would have been funnier if you had said
      "Jackson found innocent: gets child drunk in celebration."
    3. Re:Coming up later in this newscast... by matt+me · · Score: 1

      IBM pull out of OS and mainframes to become a management consultancy business and make portable telephones...

    4. Re:Coming up later in this newscast... by noidentity · · Score: 1

      You forgot one...

      Apple gives in and switches to x86.

      Oh...nevermind... still in the denial stage, keep forgetting it's true.

  18. Disappointment? by Halcyon-X · · Score: 3, Funny
    Microsoft expressed disappointment at the verdict

    Why, aren't they usually happy when software patent rights are recognized?

    --

    .sig: Open Source, Open Mind

  19. Classic! by metalmaniac1759 · · Score: 2, Insightful

    Microsoft sued over a patent concerning *its own* products! CLASSIC!

    Nandz.

    1. Re:Classic! by Lehk228 · · Score: 2, Insightful

      i'd say more asinine than classic

      --
      Snowden and Manning are heroes.
  20. 9 million??? by eclectro · · Score: 0


    Isn't that about what Bill Gate's recycled snot is worth??

    --
    Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
  21. I'm surprised by Anonymous Coward · · Score: 0

    that someone sued and won Microsoft for patent infringement, but I'm not surprised that Microsoft is infringing patents. What did this guy do to be able to afford that?

    Also in the article there is a mention of a possible infringement of the JPEG patent. This patent was filed in 1986 and was worthless before JPEG came along. In those cases where the patent is not valuable and actively used for a certain number of years, I think it should be revoked. I think I'll start inventing stuff no one use , patent it, wait and profit!

    Just my 2c

  22. wow.. silly patent by pavera · · Score: 1, Insightful

    Ok,
    so transfering data from an excel spreadsheet to an Access table is patented... Hmmm I've been using copy/paste to do that since forever. What "technology" is this? You've been able to export a spreadsheet to comma delimited and import to Access since forever as well... How do you get a patent on importing a comma delimited file?

    1. Re:wow.. silly patent by neuro.slug · · Score: 1

      Can I mod your title as redundant?

      *ducks*

    2. Re:wow.. silly patent by corvair2k1 · · Score: 1

      Yeah, I kind of feel the same way. But, even so, MS should have a better way of doing it than a 3rd party programmer should. They make the APIs! Why can't they access the spreadsheet directly?
      ---
      http://www.inchoate.net/

    3. Re:wow.. silly patent by Anonymous Coward · · Score: 0

      Who says they didn't? The patent covers ANY technique involving the transfer of data from excel into access.

    4. Re:wow.. silly patent by MynockGuano · · Score: 2, Funny

      Well, you can't anymore!

    5. Re:wow.. silly patent by pavera · · Score: 1

      they do have APIs to do this, I don't know when they were developed, but I used them in Office 95.

    6. Re:wow.. silly patent by Anonymous Coward · · Score: 0

      So now that you've given us your uninformed opinion, can you go back and actually read the patent and try again?

      Law + Slashdot do not mix.

      BTW ... IAAL.

    7. Re:wow.. silly patent by pavera · · Score: 1

      I'm glad that you're a lawyer, have you read the patent? I haven't as there aren't links anywhere or a patent number, I don't feel like doing a patent search. However, I know enough about patents to know that if you patent "transferring data from Excel to Access" and you have even a half decent patent attorney, the patent will cover nearly all methods of transfering data from Excel to Access. That is what patent attorneys do, the best ones are paid to make excessively broad patents so that they are as defendable as possible. I narrow patent is easily engineered around, only broad patents are enforcable.

    8. Re:wow.. silly patent by Steeltoe · · Score: 1

      How do you get a patent on importing a comma delimited file?

      You apply for a software patent..

      Yes, it's very easy. And Stupid.

    9. Re:wow.. silly patent by Anonymous Coward · · Score: 0

      So am I breaching the same patent when my script parses GNUmeric output for entry into Postgres?

      Or, when my script is generating GNUmeric input from the returns of SQL queries?

      If so, it would appear as though patents might be a .... oh, looks like I'm covering some familiar ground here ... well, I'll be RMS!

  23. Line them up and shoot them all. by icepick72 · · Score: 1

    Let the rest of us get back to work.

    1. Re:Line them up and shoot them all. by geekee · · Score: 2, Funny

      Don't worry, they'll be the first against the wall when the revolution comes.

      --
      Vote for Pedro
  24. Indeed. by game+kid · · Score: 5, Insightful

    I'm afraid of making any sort of software, even for fun. If it somehow leaves my PC goes public, someone could notice I made it, dig up some old patent, and sue my ass to Hoboken, New Jersey. This leeching is far worse than file leeching, and it's always sad to see that something intended to advance science and the arts (see Sec. 8, Clause 8) is impeding it instead. If it can happen to "M$" with their many IP/etc. lawyers, it can happen, and cause far worse damage, to us. That's -1, Scary to me.

    --
    You can hold down the "B" button for continuous firing.
    1. Re:Indeed. by doug141 · · Score: 1

      IANAL, but I think the patent holder would first have to approach you and inform you that you are infringing. Only if YOU continue to MAKE MONEY on THEIR patent, AFTER you have been told to buy a license or quit infringing, then they can sue, but only for damages based on your income from their patent. I am also not a psychologist, but your reasoning seems more like a lame excuse for being unproductive. This is just a guess because I've never seen a story about a programmer whose work accidently gets out (?) getting sued to hoboken, but I've heard a ton of lame excuses over the years. So I'm going with the odds.

  25. hurray for patents, next sure them for this one by Anonymous Coward · · Score: 0
  26. WAIT WAIT READ WHAT HE DID, THEN SPEAK by keepper · · Score: 5, Interesting

    Carlos Armando Amado devised a way to connect Excel with Access using a specially crafted spreadsheet during his tenure as a graduate student at Stanford University. After applying for a patent in 1990, Mr. Amando approached Microsoft to license the software, but was denied.

    Microsoft then used the same exact method.

    Now, while i totally disagree with the idea of patents like this... It changes the story a bit doesnt it?
    Heh, after all this is slashdot.

    1. Re:WAIT WAIT READ WHAT HE DID, THEN SPEAK by Dancin_Santa · · Score: 4, Insightful

      How does it change anything?

      Microsoft built a suite of integrated Office applications with built-in functionality that allows seamless transfer of data between the apps. Amado uses the built-in functions to do exactly what those features are designed to do, receives a patent from the braindead patent office, then tries to present his "discovery" to the people who invented the thing in the first place.

      There's nothing to understand here except that Amado's idea was exactly why Microsoft put those features into the applications in the first place.

      If this doesn't push Microsoft to patent every single thing they ever do or plan to do, I don't know what will. How can they protect themselves from these fleas? The only way is to hold those patents.

      These types of lawsuits are what is leading to the demise of intellectual property, not the other way around. It is when people abuse the system by applying for things that are either obvious or developed by someone else that this type of lawsuit occurs.

      I hope Amado is happy with that money because he doesn't deserve it.

    2. Re:WAIT WAIT READ WHAT HE DID, THEN SPEAK by AndroidCat · · Score: 2, Insightful

      He couldn't have done what the text says. Access 1.0 was released in 1993. Basically the Register stories boil down to goo. Does anyone have a link to a story with come actual content and information?

      --
      One line blog. I hear that they're called Twitters now.
    3. Re:WAIT WAIT READ WHAT HE DID, THEN SPEAK by justins · · Score: 1

      First, what the fuck are you quoting?

      Second, no, it doesn't change the story at all. The notion of a Stanford grad student trying to license a trivial technology to Microsoft is just as silly as the notion of "stealing" a trivial technology.

      --
      Now before I get modded down, I be to remind whoever might read this that what I am saying is FACT. - bogaboga
    4. Re:WAIT WAIT READ WHAT HE DID, THEN SPEAK by cicho · · Score: 3, Insightful

      It does, but only superficially. What about that "specially crafted" spreadsheet? Exactly how did he "craft" it? By entering a bunch of formulas or macros? They may have been complex and they may have been non-obvious and they may even have been ingenious. But unless he hand-hacked the bits of the 'sheet, it seems to me he just used existing features built into the software. Even as software patents go, this is sick. He should never have been granted a patent for this.

      --
      "Only the small secrets need to be protected. The big ones are kept secret by public incredulity." - Marshall McLuhan
    5. Re:WAIT WAIT READ WHAT HE DID, THEN SPEAK by js3 · · Score: 1

      NO IT DOESN'T. IT MAKES IT WORSE! Look over the last year we've seen microsoft patenting what seems to be really stupid things like that not statement in basic. Why is that? Because it could have been an idea they've had for a while, some idiot goes out and patents it then when ms implements it lawsuit! So every stupid thing they can think of now they patent, just so joe blow can't do what they just did right now.

      --
      did you forget to take your meds?
    6. Re:WAIT WAIT READ WHAT HE DID, THEN SPEAK by cicho · · Score: 1

      "If this doesn't push Microsoft to patent every single thing they ever do or plan to do, I don't know what will."

      Exactly. Moderators, take note of parent.

      --
      "Only the small secrets need to be protected. The big ones are kept secret by public incredulity." - Marshall McLuhan
    7. Re:WAIT WAIT READ WHAT HE DID, THEN SPEAK by the+gnat · · Score: 2, Insightful

      It is when people abuse the system by applying for things that are either obvious or developed by someone else that this type of lawsuit occurs.

      Yes, now every asshole CS student in the country is going to start patenting any tweak to MS software that they think might possibly be worthwhile.

    8. Re:WAIT WAIT READ WHAT HE DID, THEN SPEAK by donnz · · Score: 1

      It sure does. Sounds like Stanford should have ended up with the $9 million.

      --
      -- Free software on every PC on every desk
    9. Re:WAIT WAIT READ WHAT HE DID, THEN SPEAK by keepper · · Score: 1

      The patent, as all patents, are about methods.
      BUT, he didt create a program that applied these methods. The article makes it seem like he just opened up excell, and did nothing..

      source here
      http://news.zdnet.com/2100-9593_22-5735432.html

    10. Re:WAIT WAIT READ WHAT HE DID, THEN SPEAK by hrtserpent6 · · Score: 0

      United States Patent 5,701,400

      TITLE: Method and apparatus for applying if-then-else rules to data sets in a relational data base and generating from the results of application of said rules a database of diagnostics linked to said data sets to aid executive analysis of financial data

      Abstract: A system for applying artificial intelligence technology to data stored in databases and generates diagnostics that are user definable interpretations of information in the database. The diagnostics are stored in a database which can be queried with downdrilling to the associated data which generated the diagnostic. A set of bidirectional links is maintained between selected data items in the first database and the corresponding diagnostics in the second database. The system acts as an information compiler in developing a map of the raw data dimension into the structured dimension of intelligent interpretation of the data in the diagnostic database.

      Look it up in the USPTO. This is more than just some VB app that does a whiz-bang conversion. Upon cursory examination it seems like it was originally an experiment in AI: " the invention represents a new AI technology allowing managers to control and exploit information, rather than passively react to it. " (from TFP)

    11. Re:WAIT WAIT READ WHAT HE DID, THEN SPEAK by Alsee · · Score: 3, Insightful

      If this doesn't push Microsoft to patent every single thing they ever do or plan to do, I don't know what will. How can they protect themselves from these fleas? The only way is to hold those patents.

      Your logic is invalid. Patenting stuff in no way defends you against getting nailed for patent infringment. If this guy came up with it first (which the court ruled he did) then Microsoft COULDN'T have patented it, and filing for other patents in no way helps Microsoft against this. If Microsoft had come up with it first, it STILL wouldn't matter if they patented it or not. Either this guy whould not have been able to patent it, or Microsoft could have gotten the patent tossed out as invalid simply by producing reasonable records documenting that they did it first.

      The *only* time patents are useful for "defense" is if you can actually file a counter suit... and you could-have / should-have filed that "counter" suit even if you have never been sued in the first place. You could-have / should-have sued to obtain the money you were owed anyway. Moreover "defensive" patents are usless against "fleas" because the fleas is not offering any product themselves and therefor not infringing any patents at all.

      The problem here is that the US SCREWED UP in REVERSING established patent law and EXTENDING patents to software. Math / logic / calculations / mental steps are not inventions.

      If patents are going to cover software, well this guy's patent is valid. In fact this guy's patent is better than half the software patents out there. Better than many of the patents Microsoft is getting.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    12. Re:WAIT WAIT READ WHAT HE DID, THEN SPEAK by Alsee · · Score: 3, Insightful

      Even as software patents go, this is sick.

      No, as far as software patents go this is about pretty average.

      What about that "specially crafted" spreadsheet? Exactly how did he "craft" it? By entering a bunch of formulas or macros?

      In other words ordinary programming. What you are pointing out is that he happened to do it in a spreadsheet programming language. No different than programming in C or machine language or perl or PHP. And yes, spreadsheet programming language generally is a univeral programming language capable of absolutely anything you can program in any other language. If you can program speach recognition software in C then you can program it in spreadsheet language. It will merely run more slowly in a spreadsheet.

      This is exatly why programmers are almost univerally opposed to software patents. They directly SEE that it is the exact same thing, that programming in ANY computer language is no different than filling in equations in a spreadsheet or writing a complex math equation on a sheet of paper. If one is patentable then they all are. Any program is nothing but a fancy math equation. Numbers come in, you do a long list of basic math steps, and numbers go out.

      *If* software is a patentable invention, *if* doing math calculations is a patentable invention, well.... then this guy has a perfectly valid patent.

      he just used existing features built into the software

      Just like any programmer writing in BASIC or any other language is just using the "existing features built into the [compiler or interpreter] software". It's merely writing instructions in a different language to be run on top of a different host system. No difference.

      This is why software patents are fundamentally broken.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    13. Re:WAIT WAIT READ WHAT HE DID, THEN SPEAK by Anonymous Coward · · Score: 0

      That's just incredible. I don't think I've ever seen such an amazing case of totally, completely, utterly missing the point of the post you're responding to. "Your logic is invalid?" My God, you can't possibly be that stupid.

      C'mon, you can tell us; you forget to breathe sometimes, don't you?

    14. Re:WAIT WAIT READ WHAT HE DID, THEN SPEAK by bzipitidoo · · Score: 1
      If this doesn't push Microsoft to patent every single thing they ever do or plan to do, I don't know what will. How can they protect themselves from these fleas? The only way is to hold those patents.

      Not hardly. "Defensive" patenting is just one approach to this problem. How about reform the patent system? Or, better yet, scrap the patent system! Everyone knows the patent system has serious problems. I hope incidents like this push corporations into agreeing on a solution, and then working to make it law. And I hope the solution agreed on is "no software patents".

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    15. Re:WAIT WAIT READ WHAT HE DID, THEN SPEAK by Steeltoe · · Score: 3, Insightful

      So why is Microsoft pushing for software patents in Europe and USA?

      They deserve no sympathy, and besides, adding value to existing implementations is all the patent system is about. You cannot invent something in vacuum, it HAS to be built on top of existing technology.

    16. Re:WAIT WAIT READ WHAT HE DID, THEN SPEAK by Steeltoe · · Score: 1

      It does, but only superficially. What about that "specially crafted" spreadsheet? Exactly how did he "craft" it? By entering a bunch of formulas or macros? They may have been complex and they may have been non-obvious and they may even have been ingenious. But unless he hand-hacked the bits of the 'sheet, it seems to me he just used existing features built into the software. Even as software patents go, this is sick. He should never have been granted a patent for this.

      So what is the difference if he had used C / C++ or Java? He would still be using programs to innovate his clever and fabulous "innovations".

      This has nothing to do with wether he should or should not get a patent. This just shows YET another time how absurd software patents REALLY are.

    17. Re:WAIT WAIT READ WHAT HE DID, THEN SPEAK by Keeper · · Score: 1

      You forget that software is only a small part of the patent landscape. Any attempt to change the nature of patents will be met with massive resistance from other industries (the biggie being drug companies IMO).

    18. Re:WAIT WAIT READ WHAT HE DID, THEN SPEAK by Anonymous Coward · · Score: 0

      I don't necessarily agree with the ruling here, but you are way off in your description of what Amado did. The point is the ability to transfer information between the various MS Office programs was NOT a feature, was NOT built in. If you just tried Copy/Paste or searched the Office suite for some kind of option, you would be unsuccessful. Amado did some programming of his own to CREATE a way to transfer info between the programs, and that is what he patented. Why would he approach MS to sell his technology if it was something built into the suite already? That patent wouldn't fly, and that's saying something.

    19. Re:WAIT WAIT READ WHAT HE DID, THEN SPEAK by kartaron · · Score: 1

      He created a patent that specifically defines copying tables and cells, in their native proprietary format, and pasting them into a new program with a different proprietary format (along with all the necessary math crunching and video representations necessary to complete the transaction.

      However, the breakdown of the specifics of the software do not seem to describe the methods MS uses to convert Excel to Access. If this case is not appealed it could be used to sue anyone who makes a script that converts one type of databate table to another type, including internal mechanisms.

      I should file a patent that describes an on the fly emulator for all previous gaming machines.

  27. MOD PARENT DOWN! by Anonymous Coward · · Score: 0

    Parent admits uses M$ products!

    1. Re:MOD PARENT DOWN! by Anonymous Coward · · Score: 0

      We're supposed to mod down people with jobs?

  28. How Microsoft Sees This Fine by ArchAngel21x · · Score: 2, Insightful

    Just another cost of doing business. Put it down in the books as a business expense for a tax write off.

  29. No it doesn't by Anonymous Coward · · Score: 1, Insightful

    I mean, really just because he had an idea to connect a different data view to do the underlying data doesn't mean that the idea was origional.

    I doubt the method was identical to his. It might have had similar elements, but I bet microsoft's was implemented in a much different manner.

    Also, I believe that Microsoft began development of the idea in 1989 like they claimed. Its unlikely that anyone who delt with Armando had influence in the design plan.

    So I think this is just an example of pattent misuse.

    1. Re:No it doesn't by Anonymous Coward · · Score: 0

      I doubt...
      I believe...
      I think...

      Great.
      Just great.
      When you KNOW something, then get back to us.
      Otherwise, your conclusion is worthless.

      Sheesh!

    2. Re:No it doesn't by Anonymous Coward · · Score: 0

      This is Slashdot - you must be new here.

  30. Would they notice it? by bollucks · · Score: 2, Insightful

    And does anyone think Microsoft would even notice a $9 million bill? Their phone bills are probably larger than this.

    1. Re:Would they notice it? by Anonymous Coward · · Score: 0
      And does anyone think Microsoft would even notice a $9 million bill?

      In the fiscal year ended June 30, 2004, Microsoft posted an annual profit of $30,119,000,000 ($30 Billion). At 365 days a year (ignore the leap year, wiseguy), 24 hours / day, MSFT generated $3.4 Million profit per hour.

      So, yeah, they'll feel this!

      For about 3 hours...

  31. Sad state of affairs. by ArielMT · · Score: 4, Insightful

    As much as I hate the company and its products, and believe me I do, this is a case that should've either been thrown out or used to nullify the patent. Instead the judgement strengthened the concept of software patents and non-novel patents, which in turn strengthens Microsoft's position as a monopoly, for a sum of money that's just barely half a single day's take.

    --
    It must be Windows. It needs half a gig of RAM and a hardware-accelerated graphics card just to run Solitaire.
  32. 7.5 days by bill_mcgonigle · · Score: 3, Informative

    seeing as no one can push them around at their own game

    If I ran the numbers right, based on their third quarter earnings this will set Microsoft's profits back 7.5 days. That's profit, not revenue.

    That worked out to $329/second, or about $40 grand by time Slashdot will let you post another comment.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    1. Re:7.5 days by Phisbut · · Score: 1
      That worked out to $329/second, or about $40 grand by time Slashdot will let you post another comment

      More like $400 grand for me... for some reason, I've been experiencing a weird bug lately where I couldn't post a second comment for about 20 minutes, with an error message like "Slow down cowboy! Slashdot requires that you wait 2 minutes before posting another comment. I has been 14 minutes since you last posted a comment."

      And now that I posted this, I'm screwed for the next 20 minutes or so... *sigh*

      --
      After 3 days without programming, life becomes meaningless
      - The Tao of Programming
    2. Re:7.5 days by dustmite · · Score: 1

      [OT] Does your ISP use a transparent proxy? Slashdot is buggy as hell when it comes to users behind transparent proxies.

    3. Re:7.5 days by jratcliffe · · Score: 1

      7.5 hours, not 7.5 days.

      MSFT net income in 3Q05 (calendar 1Q05) was $2.56 billion. $8.9 million / $2.56 billion is 0.00347 * 90 days in the quarter is 0.312 days, or about 7.5 hours.

    4. Re:7.5 days by bill_mcgonigle · · Score: 1

      Thanks for the correction. Somehow I don't feel better, though. ;)

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  33. Microsoft gets sued for using Microsoft products by MMaestro · · Score: 3, Interesting
    Microsoft invents Microsoft Excel.
    Microsoft invents Microsoft Access.
    Guatamalan inventor patents method of transferring data between the two programs.

    Does that make any sense to you? Guy didn't invent either program. He's not some disgruntled ex-Microsoft programmer out to get his just dues. He's not some super, uber-leet programmer who came out with "Carlos's Excel" or "Carlos's Access" years before Microsoft did and simply didn't succeed due to lack of marketing. This is some Joe Nobody who filed a broad, vague patent that the courts were stupid enough to uphold.

  34. Great idea! by xeon4life · · Score: 1

    1) Invent something
    2) Sit on your invention and never plan to market it
    3) Let someone else use your invention and keep quiet
    4) ???
    5) Profit!!!

    --
    Real programmers can write assembly code in any language. -- Larry Wall
    1. Re:Great idea! by LFS.Morpheus · · Score: 1

      4) Sue the person who is using it.

      Now was that so hard?

      --
      The space unintentionally left unblank.
    2. Re:Great idea! by UnknowingFool · · Score: 4, Informative
      2) Sit on your invention and never plan to market it
      3) Let someone else use your invention and keep quiet

      RTFA, after he invented and applied for a patent, he approached MS with it. They declined to buy it. He was awarded the patent. He claims that MS used his patent. When he found out, he sued.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
  35. Patents by OverflowingBitBucket · · Score: 2, Interesting

    Now I like Microsoft as much as the next IT geek (ie. not at all) but I no longer have a clash of conscience over patent issues. The patent system is completely out of control and is causing terrible damage to the industry. As a small developer, patents terrify me. And who are patents supposed to protect in the first place?

    Now I don't know the specifics of the case, but given the current rampant abuse of the patent system I'm going to side with the Evil Empire here by default, until I see a decent argument over why this is a fair patent. Most are not. Mind you, MS probably do deserve this sort of thing given their support for software patents.

    1. Re:Patents by EvilIdler · · Score: 1

      Yeah, MS may have so much money they don't notice this little drop
      in the ocean, but that guy has a nothing patent. If he devised a way
      which only relied on Excel and Acces, he's using functions already
      available in the programs. Wouldn't the very programs he's using
      count as prior art?

    2. Re:patents by Tablizer · · Score: 1

      You also can't patent mere ideas.

      You are just soooooo pre-Cheney

    3. Re:Patents by Anonymous Coward · · Score: 0
      Now I like Microsoft as much as the next IT geek (ie. not at all) but I no longer have a clash of conscience over patent issues. The patent system is completely out of control and is causing terrible damage to the industry. As a small developer, patents terrify me. And who are patents supposed to protect in the first place?


      What pisses me off is that small software developers are treated like the scum of society. 3 strikes against us (in addition to the problems facing any business):

      1) Patents
      2) Pirates
      3) People claiming to be "open source" advocates who want you to share the source with the "community", when all they want is free software (see #2)

    4. Re:Patents by OverflowingBitBucket · · Score: 1

      What pisses me off is that small software developers are treated like the scum of society. 3 strikes against us (in addition to the problems facing any business):

      1) Patents
      2) Pirates
      3) People claiming to be "open source" advocates who want you to share the source with the "community", when all they want is free software (see #2)


      I'd rate them in the same order you provided. Patents scare me the most, "pirates" mildly (I hate that term), and the third group the least. I've been asked about the source code for my software a couple of times, and in each case the people asking were extremely polite about it and didn't give me any grief about my decision to not open source it.

  36. Re:Erm, actually, it's not by Anonymous Coward · · Score: 4, Informative
    (Don't know if OP was trying to be funny, but mods characterized it as "+4 informative," so...)

    No, we use U.S. Dollars, even for civl awards here in Ahnuldh's Cal-eee-fonya.

  37. MS is still the devil, but... by spoonboy42 · · Score: 1

    As much as I like to see Microsoft lose one, I'd say this case is actually, on balance, a bad sign. Let's review: A patent is awarded covering data portability between two microsoft products, Microsoft is sued when they actually implement this pretty obvious idea. I don't know about you, but I'm thinking maybe I should grab a patent on the idea of using a PSP to wirelessly control a home game console (the PS3) and suing Sony just in time for Christmas 2006 so that I can afford to buy one of each.

    Anyway, the end result of this is that yet another frivolous patent is financially rewarded, at a cost which is a mere pittance for a company the size of Microsoft. The damage that is done is that software patents which are both general and trivial have another piece of judicial precedent to bolster them. In the end, companies with stores of thousands of patents (companies just like Microsoft) can exploit this imbalance in the judicial system for a quick buck (pretty trivial on the balance sheet, though) and, more importantly, to force much smaller potential competitors straight out of business by offering them the choice to go to court and have their coffers drained by legal fees and possibly by damages awarded, or to settle under terms which require them to cease their competitive activity.

    Sorry folks, but this is not a win.

    --
    Anonymous Luddite: "What do you think of the dehumanizing effects of the Internet?"
    Andy Grove: "Not Much."
    1. Re:MS is still the devil, but... by aeric67 · · Score: 2, Interesting

      What if MS deliberately failed to put up a good case for themselves, calling the 9 mil an "investment" into the efficacy of their patent portfolio? Set a nice precedence for themselves for what was already called a "pittance" wouldn't it?

    2. Re:MS is still the devil, but... by Anonymous Coward · · Score: 0

      Sorry folks, but this is not a win.

      This is beyond "win" or "lose". Why do we have to support or hate certain entities? We can transcend that.

      What reality is: You have to live with the consequences of your actions and speech. This case is exactly about that.

      I expect more of this in the future because of software patents. I don't want to be a part of it, so good luck to whoever has the stomach to deal with technology in today's sue-happy climate.

      We get excactly what we deserve.

      I'll go meditate instead, and spread insight instead of bitching about how cruel the world is on /.

  38. Carlos the time-traveller! by AndroidCat · · Score: 2, Interesting
    In 1990 Carlos Armando Amado filed a patent for software which helped transfer data between Excel spreadsheets and Microsoft's Access database

    Wasn't Microsoft Access 1.0 released in 1993 or so?

    --
    One line blog. I hear that they're called Twitters now.
    1. Re:Carlos the time-traveller! by Penguinoflight · · Score: 1

      With all the hackers going into the business programs at stanford I'm sure the CS students had access to access at least 5 years early?

      --
      "And we have seen and do testify that the Father sent the Son to be the Savior of the World"
      1 John 4:14
    2. Re:Carlos the time-traveller! by AndroidCat · · Score: 1

      In 1988, running on Windows 2.1 or even earlier? I doubt it.

      --
      One line blog. I hear that they're called Twitters now.
  39. Re:Let me be the first to say by Anonymous Coward · · Score: 0

    Oooooh. Gee, you got us. The register had it yesterday. Yaaaay. Good job.

  40. This really sucks. by donscarletti · · Score: 1
    I hate to write in sympathy for MS, but this exploitation is something that I personally wouldn't wish on anyone.

    It seems to me that this guy just thought of something that he knew Microsoft had to implement on their own sometime and then blackmailed them for it. This tactics of explicitly mentioning someone's products in a patent and demanding that they pay to simply add an obvious feature is something that not even MS has stooped to yet. I really hope that this teaches Microsoft that patents are not their friends, rather than simply learning a new trick out of it.

    I hope this guy spends his new money on cigarettes and hookers with VDs.

    --
    When Argumentum ad Hominem falls short, try Argumentum ad Matrem
    1. Re:This really sucks. by dnixon112 · · Score: 1

      Don't be sympathetic to Microsoft, they are just losing one round in their own game. To them it is just the cost of business. Be sympathetic when they take a stance against software patents and then this happens to them.

    2. Re:This really sucks. by DRobson · · Score: 1

      Ahh, so now we can choose our own personal good and bad guys in the patent wars? Whoever wins in the courtroom we all lose in real life regardless of what side you take.

  41. Unfortunately if you look by mcc · · Score: 4, Interesting

    Unfortunately if you look you'll notice that as the number of frivolous patent lawsuits against Microsoft has gradually increased over the last few years, Microsoft's response has been... to suddenly start filing a whole bunch of patents. Lots of patents. Even more than before. And making a big deal in the press about patents and how important they are. And making a big deal to Europe about why they need software patents. Whereas before software patents was something they didn't really give much public indication of caring about one way or the other.

    Microsoft obviously isn't doing this for protection, since the only people who've been suing Microsoft have been tiny parasite IP companies-- the kind of people who a patent shield is useless against. Instead it almost kind of seems to me like Microsoft is brushing off the patent judgments like an elephant swatting flies with its tail, but meanwhile going "wait... you mean patents can be used for evil? Interesting...", as if even though the lawsuits may sting a little they don't mind so much because it's given them some ideas of their own.

    I hope to whatever Gods may or may not exist that this is just my overactive paranoid imagination.

    1. Re:Unfortunately if you look by Anonymous Coward · · Score: 0

      Well, since Microsoft doesn't use its patent portfolio aggressively I'm inclined to say that it's your deluded world view shining through again.

    2. Re:Unfortunately if you look by Anonymous Coward · · Score: 0

      You are mistaken, sir. A large patent suite is an extremely useful shield against small patent violations, since the small patent holder will frequently accidentally violate a patent of the holder of the big patent vault and can be easily countersued.

      Since so many of Microsoft's patents are so broad and ridiculous, it makes it very easy to find one the small holder has allegedly violated and drain their financial resources fighting the case. Take a good look at the destruction of Cult Awareness Network by the cult of Scientology to see *exactly* how frivolous lawsuits can help a large, well-funded, unethical bunch of lawyers wipe out an anemy who should have been protected by the courts instead of being drained dry by them.

    3. Re:Unfortunately if you look by kingj02 · · Score: 1

      You had me going up to the point about Microsoft having ideas of their own. ;-)

      --
      Ardente veritate incendite tenebras mundi
    4. Re:Unfortunately if you look by Tim+C · · Score: 2, Insightful

      Microsoft obviously isn't doing this for protection, since the only people who've been suing Microsoft have been tiny parasite IP companies-- the kind of people who a patent shield is useless against.

      No - if MS patents everything it can, then there's less chance of such a parasite from obtaining a patent that it can use against MS. Hence, it *is* (or at least *can be*) a defensive measure.

      Denying your would-be attacker any way of attacking you is just as effective as being able to retaliate, if not more so.

    5. Re:Unfortunately if you look by m00nun1t · · Score: 1

      I assume you have evidence to back up your groundless rant?

  42. Hoist by they own petard by carcosa30 · · Score: 2, Insightful

    I guess that's what they get for being ubiquitous.

    Kind of ironic and strange that they can be sued for patents on interactions between their own software packages.

    Could I patent, just as an example, methods for converting between PDF and PSD files, and then sue Adobe for infringing when they do the obvious?

    Something not right about this; I guess it's just showing up yet another problem with copyright law. Pretty thorny one if you think about it.

    --
    Intolerance for ambiguity is the mark of the authoritarian personality.
    1. Re:Hoist by they own petard by Alsee · · Score: 1

      Could I patent, just as an example, methods for converting between PDF and PSD files, and then sue Adobe for infringing when they do the obvious?

      Under US law, of course. Practically any logic steps or calculations to turn one peice of information into another peice of information is (with proper drafting language) going be a valid software patent.

      US law is seriously FUBARed. Logic / calculations / mental steps / math are not inventions and should not be patentable.

      I guess it's just showing up yet another problem with copyright law.

      I thought maybe it was showing up yet another problem with aviation law. :)

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    2. Re:Hoist by they own petard by carcosa30 · · Score: 1
      It's a Godel thang.

      George W. Bush The Great Divider


      Dunno where you got that idea, the people I know and associate with are more united than they've ever been :) (that is, us)

      --
      Intolerance for ambiguity is the mark of the authoritarian personality.
    3. Re:Hoist by they own petard by Steeltoe · · Score: 1

      Dunno where you got that idea, the people I know and associate with are more united than they've ever been :) (that is, us)

      What about those you don't associate with? ;*)

  43. Like little children... by Saeed+al-Sahaf · · Score: 3, Insightful

    Like most things at Slashdot, there is a double standard at play here. In other words, the Slashdot fanboys are not as pue as they like to think of themselves as. If it's bad for MS, it's good "just because". Pay backs, you know? Like little children...

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    1. Re:Like little children... by nathanh · · Score: 0, Flamebait
      Like most things at Slashdot, there is a double standard at play here. In other words, the Slashdot fanboys are not as pue as they like to think of themselves as. If it's bad for MS, it's good "just because". Pay backs, you know? Like little children...

      Take your smarmy pseudo-intellectual "I'm so much smarter than all the plebs on Slashdot" attitude and shove it.

    2. Re:Like little children... by dnixon112 · · Score: 4, Insightful

      Wrong.

      The reason it's 'a good thing' is because the more small companies, in some cases companies who are little more then patent whores, can successfully sue the big companies who actually have a say in government policy the better chance we have of reforming the patent system. If this ruling leads to more and more ridiculous rulings costing MS and other big companies millions upon millions of companies, hopefully it will get to the point where the people in power will be hit hard enough in the pocket book to finally have the motivation to change software patents.

    3. Re:Like little children... by trime · · Score: 1

      Uh, did you actually read any of these comments?

    4. Re:Like little children... by NoMoreNicksLeft · · Score: 5, Insightful

      Yeh, the same double standard that says landmines are always bad, but that we can ignore temporarily if say, Pol Pot gets one accidentally stuffed up his ass.

      Oh wait. That's not a double standard, that's just us cheering when bad things happen to bad people. Whooddah thunkit?

    5. Re:Like little children... by TheKidWho · · Score: 0, Troll

      pseudo-intelluctual

      Must be one of them Europeans

    6. Re:Like little children... by Darby · · Score: 3, Insightful

      If it's bad for MS, it's good "just because". Pay backs, you know? Like little children...

      No, if it is bad for a criminal monopolist who bought their way out of any punishment whatsoever for their knowingly illegal actions then odds are it *is* good for everybody (are you seriously saying criminals should never be punished for their crimes?).

      That is the adult idea that people should be responsible for their actions combined with an honest approach to the attitude that honest people being able to have any sort of recourse to the law without billions of dollars in their pocket is an absolute good thing.

      So it has nothing at all to do with your spoutings, does it?

    7. Re:Like little children... by Anonymous Coward · · Score: 0

      Don't be misunderstand, you ARE a jackass.

    8. Re:Like little children... by Alsee · · Score: 4, Informative

      Hardly.

      The highest rule is that we all have to live by the same rules.

      There is nothing wrong with:
      (1) Saying a certain rule is bad and should be changed
      *and*
      (2) Appreciating the JUSTICE of someone being forced to face the consequences of supporting a bad rule

      I say Microsoft should not get hit with software patents - ON THE SOLE CONDITION THAT NO ONE GET HIT WITH SOFTWARE PATENTS.

      Microsoft supports software patents and they have absolutely no right to complain or play the victim when the very rule they support comes and bites them in the ass.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    9. Re:Like little children... by indifferent+children · · Score: 1

      "The will of the people is the highest law." And the people on /. say that M$ should bend-over-and-take-it as often as possible. Unfortunately, M$ will still come out ahead.

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    10. Re:Like little children... by iamwahoo2 · · Score: 1

      Not everyone on slashdot is of the same opinions. Afterall, you are on slashdot. I do not support software patents and I do not support them in this case either.

    11. Re:Like little children... by zungu · · Score: 1

      I agree with you. If it is a David-vs-Goliath then Slashdot will favor the David as a patent owner. Slashdot has no problems with patents on the microprocessors in their machines, it is just software that is a problem.

    12. Re:Like little children... by dustmite · · Score: 1, Flamebait

      Actually only "children" have such 'black and white' views of the world as you exhibit.

      Are you even capable of realising that patents can be bad and MS's ethics can be bad? That doesn't seem like a difficult concept at all to grasp.

      This patent is bad, because not only does it prevent anyone else from doing anything as basic as writing a data converter between a spreadsheet and database (e.g. OpenOffice?), now only Microsoft will be allowed to do so, and for the paltry "purchase price" of $9 million.

      Everyone loses, except some Guatamalan (sp?) individual and MS.

    13. Re:Like little children... by Anonymous Coward · · Score: 0

      Like the childish payback you dished out with your post? Well, you are the expert you know...

  44. no by Anonymous Coward · · Score: 2, Interesting

    Except the straw is much smaller than the waterfall pouring into the lake, so no, it wont succeed if given time.

    1. Re:no by Log+from+Blammo · · Score: 1

      And surface evaporation removes more water anyway.

      Microsoft loses more money from its employees reading Slashdot (et al) at work than it ever will from the little guy with a patent.

      --
      "This quote is a product of the Frobozz Magic Quote Company."
  45. "The patent in question" by hey! · · Score: 1

    So, we know what this guys invention accomplished, but did he actually get a patent on moving data from a database to a spreadsheet? Or did he patent some method for doing this? The link doesn't lead to the patent or mention the patent number.

    This is a really annoying habit in /. patent stories. Yeah, we all hate them. But the patent at stake is seldom described very precisely. In fact, it's usually mis-described to make it sound even worse than it is.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    1. Re:"The patent in question" by Anonymous Coward · · Score: 0
      The only patent with this guy's name on it that I could find is this one, but the details do not match up to the article.

      Also, I am glad we now know what is necessary for this program to run.

      a memory for storing data;

      a computer coupled to said memory and having a video display and an input device
  46. You need a look in the ol' dictionary by Anonymous Coward · · Score: 2, Insightful

    1. Responsible for or chargeable with a reprehensible act; deserving of blame; culpable: guilty of cheating; the guilty party.

    1. Re:You need a look in the ol' dictionary by kfg · · Score: 1

      You need a look in the ol' legal dictionary.

      MS was found liable.

      KFG

    2. Re:You need a look in the ol' dictionary by colton+cummings · · Score: 0

      You're arguing rhetoric here... how much does it really matter?

      --
      XaNk: now I remember why I hated the girls in high school
      XaNk: because none of them would talk to me
    3. Re:You need a look in the ol' dictionary by kfg · · Score: 2, Informative

      You're arguing rhetoric here...

      No, I am not, which was my point.

      KFG

    4. Re:You need a look in the ol' dictionary by Bigthecat · · Score: 1

      There's a huge difference in legal terms between being found guilty and what happened here, just because you don't understand it that doesn't make the distinction less important.

    5. Re:You need a look in the ol' dictionary by haystor · · Score: 1, Insightful

      Yes, but he does understand the word guilty perfectly well. You see, slashdot isn't a court of law, it is a message board where we aren't bound by legal definitions but are free to use the language in other ways.

      Microsoft was guilty of this violation.

      I'm guilty of taking the last cookies.

      Just because you know one definition for one context doesn't make the rest of us bound to your specific world.

      --
      t
    6. Re:You need a look in the ol' dictionary by Threni · · Score: 1


      If you're unaware of the difference between criminal law and civil law then fair enough, but if, when it's pointed out to you, you come up with crap like "we aren't bound by legal definitions but are free to use the language in other ways" or "Just because you know one definition for one context doesn't make the rest of
      us bound to your specific world" then I'm afraid you're at risk of making yourself look like a bit of an idiot.

    7. Re:You need a look in the ol' dictionary by geoffspear · · Score: 1

      We are discussing what happened in a court of law. What happened was NOT that Microsoft was "found guilty", any more than if RIAA successfully sues you it would be accurate to say that you were found guilty of theft.

      --
      Don't blame me; I'm never given mod points.
    8. Re:You need a look in the ol' dictionary by haystor · · Score: 1

      I don't give a damn if it's pointed out to me by someone that thinks "guilty" can only have one meaning and that everyone should have to use their meaning because they learned a bit of the law.

      Saying MS is guilty in this case doesn't make anyone ignorant, it makes them not-a-lawyer as every damn legal professional is so fond of pointing out every time someone says something about the law.

      The word guilty conveys a certain meaning and everyone understands that meaning. Everyone, including the people that understand it perfectly well and still insist it's wrong.

      If I look like an idiot because I understand what people mean then so be it. If you're tripped up because a non-lawyer writing to a non-legal forum uses legal term in a non-legal way, then you are what you are.

      They could have also said, "MS got fucked" and you could have made the same argument they weren't technically fucked but that they were found liable.

      --
      t
  47. "The slashdot patent in question" by Anonymous Coward · · Score: 1, Insightful

    "This is a really annoying habit in /. patent stories. Yeah, we all hate them. But the patent at stake is seldom described very precisely. In fact, it's usually mis-described to make it sound even worse than it is."

    Well Slashdot has a patent on mis-describing stories, and no one else can mis-describe stories like we can. So pay up suckers.

  48. Internation Patent Reform goes both ways by JoeCommodore · · Score: 2, Insightful
    Just as US companies can put the pressure internationally on other countries with patent reform, the opposite works as well. Imagine that, other countries create and patent stuff too.

    In capitalist America; after you beat the system, the system beats you.

    --
    "Enjoy what you're doing! If it becomes drudgery, you're doing it wrong!" - Jim Butterfield
    1. Re:Internation Patent Reform goes both ways by Anonymous Coward · · Score: 0

      That's just wrong, because, in Soviet Russia, the system also beats you. Tricky...

  49. Re:Microsoft gets sued for using Microsoft product by iswm · · Score: 1

    Sounds like Microsoft got a dose of their own medicine.

    --
    Buckethead
  50. Re:Erm, actually, it's not by aussie_a · · Score: 1

    I was trying to be funny, I guess it wasn't obvious enough.

  51. This is great news. by elgee · · Score: 1

    Delicious irony, but don't ask me to explain why.

    1. Re:This is great news. by pcnetworx1 · · Score: 0

      Please, explain why?

  52. Would you like some lube with that? by Anonymous Coward · · Score: 0

    I guess too many people used the hot coffee and slip on wet floor trick at McDonalds... back to the drawing board!

  53. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  54. No. by Saeed+al-Sahaf · · Score: 4, Insightful
    The reason it's 'a good thing' is because the more small companies, in some cases companies who are little more then patent whores, can successfully sue the big companies who actually have a say in government policy the better chance we have of reforming the patent system.

    No. What will happen is that big companies that have influence over government policy will lobby to have the bar raised so high that small patent holders ("whores", as you say) will not be able to prove a case in the first place.

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    1. Re:No. by Antique+Geekmeister · · Score: 1

      No, what will happen is that big companies will have large patent vaults with reams of patents they will can use to punish anyone who dares sue them.

      Wait, Microsoft already does that and is trying to extend it by turning everything into XML....

    2. Re:No. by afidel · · Score: 2, Insightful

      The problem is, this doesn't help when you form a company soley to hold patents and litigate patent infringement lawsuits. It's really hard to counteroffer your patent suite to someone who's only goal is to collect fees and damages on the patents they hold, not to actually make anything.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
  55. You did't get it by xbsd · · Score: 5, Informative

    So.. he patented a way for Microsoft Excel to work with Microsoft Access.. both products that Microsoft makes. Then he sued Microsoft??? I know.. i patent a way for Apple Intel to work with Apple PowerPC, no one would ever think of that.

    You didn't get it:
    1. The guy came up with a technique to interact with Access and Excel while doing graduate studies and gets a patent.
    2. He approached Microsoft Corp. in the 90s and offered them his patent. Microsoft rejects the idea and say they're not interested.
    3. About the same time, Microsoft adds the same technique to his products, makes a great deal of it and gets millions in revenue.
    4. Then, and only then, the guy went to court, proved that he was the first to come up with the technique , proved that he approached Microsoft, proved that he showed it to them before they ever thought about it and then gets a fair amount of money.

    I don't support software patents, but if Microsoft is promoting that nasty game, they have to obey the nasty game's rules.

    1. Re:You did't get it by KarmaMB84 · · Score: 1

      Maybe I'm missing something, but aren't both Excel spreadsheets and Access tables nothing but tables to begin with? How innovative is moving data between them?

    2. Re:You did't get it by Anonymous Coward · · Score: 0

      What you are missing here is the broken US patent system! Mr. Armando has the same IP right on this as Microsoft on 1001 softwares they stole from this or that company. The point here is that Microsoft got nailed down in the game by the same rules the play everyday.

    3. Re:You did't get it by geekee · · Score: 1

      "You didn't get it:
      1. The guy came up with a technique to interact with Access and Excel while doing graduate studies and gets a patent.
      2. He approached Microsoft Corp. in the 90s and offered them his patent. Microsoft rejects the idea and say they're not interested.
      3. About the same time, Microsoft adds the same technique to his products, makes a great deal of it and gets millions in revenue.
      4. Then, and only then, the guy went to court, proved that he was the first to come up with the technique , proved that he approached Microsoft, proved that he showed it to them before they ever thought about it and then gets a fair amount of money.

      I don't support software patents, but if Microsoft is promoting that nasty game, they have to obey the nasty game's rules."

      Sounds a lot like the claims SCO claimed against IBM. I suppose you're SCO's bitch too. This patent is a joke.

      --
      Vote for Pedro
    4. Re:You did't get it by xbsd · · Score: 4, Insightful

      Sounds a lot like the claims SCO claimed against IBM. I suppose you're SCO's bitch too. This patent is a joke.

      Dude, seriously, try to read once in a while before insulting people. Every software patent is a joke. This is not about the merits of a particular patent, this is about proving a deliberate attempt to profit from someone else's ideas when those ideas have been previously patented, and that makes a huge difference between this guy vs. Microsoft and SCO vs. IBM. SCO has no evidence nor argument whatsoever.

    5. Re:You did't get it by Anonymous Coward · · Score: 0

      5. Profit!

    6. Re:You did't get it by Anonymous Coward · · Score: 0

      No shit. This is stupidest fucking patent I've ever heard of.

  56. This is ridiculous. by cfalcon · · Score: 4, Insightful

    Basically, it went like this:

    Microsoft obtains software product A.
    Microsoft obtains software product B.
    Microsoft begins making them work together.
    Guy beats Microsoft to market.
    Microsoft continues making their products work together.
    Guy sues Microsoft, wins millions for being first to patent obvious method made "novel" by the fact that it works on those confusin' new computers.

    This would work against Linux.

    This crap would work on anything.

    Microsoft did *NOTHING* wrong here. They didn't steal his stuff or anything. They just made their own products work together. It probably wouldn't even have been an issue if Excel and Access had been marketed under the same freaking product name.

    Ludicrous.

    1. Re:This is ridiculous. by palndrumm · · Score: 3, Funny

      if Excel and Access had been marketed under the same freaking product name

      Microsoft Excess? Sounds oddly appropriate...

    2. Re:This is ridiculous. by Alsee · · Score: 4, Insightful

      Microsoft did *NOTHING* wrong here.

      Sure they have. Not only do they actively support and defend this sort of patent as valid, they are actively pressuring and extorting other countries to change their laws to make this sort of patent valid.

      As far as software patent go, this one is pretty typical. He wrote some software to transform data in a new and useful way. He merely wrote it in spreadsheet programming language rather than BASIC or C or perl.

      I agree this should not be a valid patent - NO software patets shoudl be valid. But so long as Microsoft wants a FUBARed patent system then they deserve what they get when they are forced to live inside that system.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  57. Re:Microsoft gets sued for using Microsoft product by Belial6 · · Score: 1

    Microsoft did NOT invent the spreadsheet. Microsoft did NOT invent the database. To be consistent you should not support any patants that Microsoft claims surrounding these two products.

  58. Re:Let me be the first to say by Anonymous Coward · · Score: 0

    Fucking WHORE.

  59. Re:Microsoft gets sued for using Microsoft product by Anonymous Coward · · Score: 0

    Sounds like the American Dream to me, capitalism at work where the rules were bought by corporate lobbying. I say more power to him.

  60. Yeah OK by Urusai · · Score: 1

    I'll start feeling sympathy when I have billions of dollars of cash money and thousands of minions in my thrall.

  61. Real Men of Genius by Anonymous Coward · · Score: 1, Funny

    Slashdot salutes you Mr. Excel and Access method of transfer inventor guy.

    1. Re:Real Men of Genius by dgos78 · · Score: 1

      *singing* "where'd I save that mdBEEEEEEEEEEEEEE?"

      --
      SYS 64738
  62. patents by Anonymous Coward · · Score: 0

    I dunno. There's a lot of fluff here about software patents being "obviously" bad, which reminds me of arguments about the existence of God being "obvious." In college we used to say "it's obvious" directly translates to "I don't have a fucking clue." I'm not taking a position either way, just saying the vehemence of the position suggest (perhaps unfortunately) a lack of substance to the argument.

    Also, contrary to vague conventional wisdom, you can't patent stuff that is obvious or trivial. The rules say innovations that are obvious to one "skilled in the art" i.e. a relevant expert, are not patentable. Companies hire fancy researchers and lawyers to do exhaustive surveys of the state of the art to make sure their applications pass muster.

    You also can't patent mere ideas. They have to be described in enough nitpicky detail that any competent person can implement it. In the case of mechanical things, you almost always have to have built a working model. In the case of software, I'd guess you have to have programmed it, or something very similar, and showed it works, at least in principle.

    Nor are patent examiners dumfuks, or at least, no more so than the generic /. geek. They turn down lots of patents because they're overbroad, unlikely, or obvious to relevant experts.

    So, yeah, I dunno, but the /. response here seems just about as rational and insightful as the socialist drones at www.workersparadise.com who laugh gleefully when Big Bad Corporation takes a spill, whatever the eventual cost to the rest of us. The passing non-techie would be pretty justified in drawing the conclusion that the local denizens have nothing of maturity and insight to contribute to discussions on important things like the laws of the Republic. Flame on, now.

  63. are periods taboo? by Tharkban · · Score: 2, Interesting

    here is the sentence after what you quoted. Are periods taboo in patents? I never read one before, but this is horrendous. Someone should be shot just for butchering the english language that badly.

    a program in execution by said computer for controlling operations thereof for receiving user input defining one or more analysis rules to be applied to user specified data from said memory, each said analysis rule being a user defined arithmetic and/or logic test to be applied to user specified items of said data and for controlling said computer to receive and store user entered data defining the alphanumeric text of a diagnostic statement associated with each true result of each said analysis rule, each said diagnostic statement comprised of a user defined alphanumeric text string which the user can program to define the significance of the true result, its relevance or any other expression which provides meaning to the user of the true result of the analysis rule, and for controlling said computer to receive user input controlling which of said analysis rules are to be applied to said data, and for applying said analysis rules so designated to the data designated by said user and returning a true or false result for each analysis rule so applied depending upon the state of the data to which each analysis rule was applied, and for each true result returned by an analysis rule, controlling said computer to store in a file in said memory the user programmed text of a diagnostic statement associated with each true result as a diagnostic in a diagnostic database, and for controlling said computer to receive and store in said memory user input defining one or more expert tests, each expert test comprising a user defined arithmetic and/or logic statement to be applied to one or more diagnostics selected by user input from the diagnostics stored in said diagnostic database, said arithmetic and/or logic statement comprised of mathematical operators and/or logical operators from any logic set such as predicate logic or Boolean logic including at least the AND, OR and NOT functions, each said expert test returning either a true or false result, and for controlling said computer to receive user input defining the text of a super diagnostic statement in the form of an alphanumeric string associated with each true result of one of said expert tests, each said superdiagnostic being an alphanumeric string which the user can program to define the significance of the true result of the expert rule, its relevance or any other expression which provides meaning to the user of the true result of the expert rule, and for controlling said computer to receive user input defining which of said expert tests to execute on user specified diagnostics in said diagnostic database, and for controlling the computer to execute the expert tests so designated, and for controlling said computer to store as a super diagnostic in a super diagnostic file in said memory the super diagnostic statement associated with any true result returned by any said expert test.

    Yes, the formatting is right on that.

    --
    Tharkban (It is a signature after all)
  64. Not exactly felled by EmbeddedJanitor · · Score: 3, Insightful

    $9M to Microsoft is less hurt than you dropping a penny.

    --
    Engineering is the art of compromise.
    1. Re:Not exactly felled by Trogre · · Score: 1

      The major difference being that you presumably don't have to explain losing that penny to shareholders.

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    2. Re:Not exactly felled by vettemph · · Score: 1

      more like $11.25, but not a bad guess for someone who didn't do the math.

      --
      The government which is strong enough to protect you from everything is strong enough to take everything from you.
  65. THE PATENT? by Tharkban · · Score: 1

    I kept digging. The patent does include this, later on. It might be what it's refering to...if it is I want to know where this guy lives. To, um, congratulate, him, yeah....

    remember this is on some database expert system patent

    PREFERRED MODE OF INTEGRATION WITH SPREADSHEET PROGRAMS

    An alternate implementation has also been tried to INTEGRATE THE INVENTION WITH SPREADSHEET PROGRAMS. The concept of this alternate implementation isn't as elegant and flexible as the previous solution, but this is considered more practical and appropriate, since it doesn't require as much memory and computer speed as the DDE solution. In this implementation, the invention simply exports its information to a format that can be read by spreadsheet programs. In the case of the Microsoft Excel 4.0.TM. spreadsheet program by Microsoft Corporation of Redmond, Wash., the spreadsheet program supports an option called Info Window (information window). This option may be activated by use of menu command Options-Workspace-Info Window. When the Info Window shows up and whenever it is the active window, the Info Window menu bar is also active. Now use menu command Info and check out all information except for option Note. Using this configuration, the Info Window will only show the contents of the memo note of the worksheet's active cell. Finally, it is suggested that both the worksheet and the info window be arranged so as to show up simultaneously (just use the Windows-Arrange menu command). The Info Window's contents change every time a new cell is selected in the spreadsheet. So, if the spreadsheet will show the data in one window (the worksheet window) and the other window (the info window) will show the diagnostic (the memorandum) associated to the cell where the cursor is. To make this work, all the invention's diagnostics are transferred to the spreadsheet and written into notes in the spreadsheet cells where the corresponding numbers are.

    --
    Tharkban (It is a signature after all)
    1. Re:THE PATENT? by qazwsxqazwsx90 · · Score: 2, Funny

      How did you manage to get that far? I stopped after about the the 15th line of the first sentence.

    2. Re:THE PATENT? by Tharkban · · Score: 1

      oh, it gets much better later on.

      Actually, it was quite random, I was testing my scroll wheel and the word spreadsheet jumped out at me. It took me a while to find out exactly what I had seen, and then I wished I hadn't.

      --
      Tharkban (It is a signature after all)
  66. He actually gets paid in Windows! by Rsriram · · Score: 2, Funny

    Clarifying the judgement, MS said the inventor would receive more than 1.6 million dollars worth of Windows licenses (non transferable, of course)!

    Isn't this how MS is paying all its fines slapped by various government bodies?

    --
    O this learning! What a thing it is - William Shakespeare
  67. Haha. by electrosoccertux · · Score: 1

    Yesssss.......

  68. Pol Pot... by Anonymous Coward · · Score: 0

    ...was a gentle old man.

    1. Re:Pol Pot... by Anonymous Coward · · Score: 0

      and killed about 2 millions by accident.

    2. Re:Pol Pot... by Anonymous Coward · · Score: 0

      and was backed by CIA. Check out Dead Kennedy's song "Holiday in Cambodia".

  69. i wanna go home! by jspectre · · Score: 3, Funny

    apple goes to intel!

    microsoft found guilty of patent infringement!

    i've woken up in bizzaro world!

    --

    abcdefghijklmnopqrstuvwxyz

    1. Re:i wanna go home! by AndroidCat · · Score: 1

      Just remember: Zefram Cochran shot first!

      --
      One line blog. I hear that they're called Twitters now.
  70. Curious thought.... by _Griphin_ · · Score: 1

    Ya know, it seems Micro$loth seems to steal a lot of ideas only hoping they'll never get fined or have to pay fines that are very miniscule, and usually they steal ideas from 3rd party developers rather then big companies. Ain't it a perfect world we live in?

  71. Er... by Craig+Ringer · · Score: 1

    Yay! Another judgement for a totally retarded patent awarded!

    Er... no... wait...

  72. (Apparently) the patent in question by blincoln · · Score: 2, Interesting

    5,537,590, 16 July, 1996

    The same guy appears to have been granted a more recent patent for a related process:

    5,701,400, 23 December, 1997

    The wording of the second one is very buzzword-laden and overblown ("artificial intelligence"? whatever). I'm still looking over both of them.

    The news articles seem to have a number of other things wrong. First, no one with the last name Amado applied for a patent in 1990. The patent which appears to be being discussed was filed for in 1993 (After Access was released).

    --
    "...always new atoms but always doing the same dance, remembering what the dance was yesterday." -Richard Feynman
  73. Correction by blincoln · · Score: 3, Informative

    5,293,615, 8 March 1994

    His last name is spelled differently, but this appears to be the one. I was an Amiga user in 1990, but this sounds like basic database/spreadsheet usage to me.

    --
    "...always new atoms but always doing the same dance, remembering what the dance was yesterday." -Richard Feynman
  74. One small step for small business... by mislam · · Score: 2, Interesting

    And a giant slap for the Giant. Seriously, audacity that microsoft displays every now and then and the attitude that they are above the law must turn off any good sensible person in this world. I am glad the judge saw them through for what they really are. A bully and a killer of innovative spirits.

    1. Re:One small step for small business... by RexRhino · · Score: 2, Insightful

      Um, no, this is a disaster for small buisness. Large corporations have huge legal teams that can afford to fight these insane software patents, and even if they were to lose they sell so much software that the cost of the patent licence is a very small part of the product cost.

      However, small buisnesses don't have the resources to fight for years on end in court. A legal battle going on for two years can easily cost you a million dollars. And they don't have a large enough customer base to pass the charges on to their consumer.

      People are so rabidly and mindlessly anti-Microsoft, that they are willing to have draconian patent enforcement that will destroy small buisness, just to see Microsoft lose a tiny amount of money that they will make back in less that one hour. Software patents are killing small software developers.

  75. Reason for aquiring patents by xswl0931 · · Score: 1

    In this day and age, the reason corporations acquire as many patents as possible isn't necessarily to obtain exclusive use. It's for "cross license agreements". Company A has a patent. Company B uses technology similar to the patent. Company A sues Company B. Company B also owns patents that Company A appears to be using. They both agree to "cross license agreements" for their patents so neither side actually pays any fees to the other.

    1. Re:Reason for aquiring patents by TWX · · Score: 1

      But so far enforcement of software patents hasn't been very strong. The entire software industry is a house of cards, and almost all of the heavies know that if they started enforcing software patents on each other that *someone* would come out as top dog with the most secure base, and basically everyone would lose.

      I'm not 100% against software patents, but I believe that such a circumstance should require that the patent be actively used in a product or be a product in of itself. In this particular example I don't believe that the guy's patent should have really been valid anyway, since he's using another company's copyrighted products in his device without licensing those products for his own process. My enjoyment of seeing Microsoft take one in the shorts just happens to outweigh my dislike of the system for once.

      I don't believe that holding companies that don't have any direct products should be allowed to hold patents on software processes that weren't developed internally, and I also believe that failure to continue to maintain a product with an applicable patent should be grounds for release of that patent back into the community at large. This way if a company stops making software available then others can make workalikes rather than let a possibly good thing disappear.

      --
      Do not look into laser with remaining eye.
    2. Re:Reason for aquiring patents by indifferent+children · · Score: 1
      I don't believe that the guy's patent should have really been valid anyway, since he's using another company's copyrighted products in his device without licensing those products for his own process.

      You are assuming that the inventor did not have a valid license for M$ Office? As long as he did have a valid M$ Office license, which includes the right to use the scripting features, then he did have a license to use "those products for his own process."

      It also seems that your argument could be used to say that if I write a book in M$ Word, I don't own the copyright to my own work?

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    3. Re:Reason for aquiring patents by TWX · · Score: 1

      I didn't say that he doesn't have a right to use another company's product. He doesn't have a right to restrict or develop use at a patentable level without obtaining some kind of developer's rights. He can still even create his tool, but it shouldn't be patentable.

      --
      Do not look into laser with remaining eye.
  76. Actual Patent? by Anonymous Coward · · Score: 0

    I cannot find any patents by anyone named Amado or containing the keywords Access or Excel and having been filed in 1990. Does anyone have the actual patent, or maybe the court order?

    1. Re:Actual Patent? by Anonymous Coward · · Score: 0

      My best guess is it's US Patent no. 5,701,400, "Method and apparatus for applying if-then-else rules to data sets in a relational data base and generating from the results of application of said rules a database of diagnostics linked to said data sets to aid executive analysis of financial data," filed March 8, 1995 and issued December 23, 1997 ("Merry Christmas, Carlos").

      http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PT O1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/srchnum.htm &r=1&f=G&l=50&s1=5701400.WKU.&OS=PN/5701400&RS=PN/ 5701400

      I don't have an explanation for the Register saying it was filed in 1990, other than the Register's usual casual attitude about accuracy.

  77. This is really good news by LemonFire · · Score: 1

    No I don't have any sympathy for Microsoft over this.

    I hope that Microsoft and some other of the really big software companies has droves of this kind of lost patent fights in court because they will then have to realize that the current patent system does not work.

    These guys can if they combine excert enough political power to have the system changed. Hopefully to something better.

    -- Don't even think of (C)opying this SIG

  78. RIAA/MPAA by ari_j · · Score: 1

    Just be glad they haven't started patenting songs or movies, or the lobbyists would take the distinction away. ;)

  79. Re:Microsoft gets sued for using Microsoft product by UnknowingFool · · Score: 3, Informative
    Microsoft invents Microsoft Excel.
    Microsoft invents Microsoft Access.
    Guatamalan inventor patents method of transferring data between the two programs.

    I don't know if you remember 1992, but back then, you couldn't get Microsoft Excel and Microsoft Word to talk. Believe, I tried. I was going to college back then and for one of my engineering classes, I tried to embed an Excel spreadsheet into Word. The spreadsheet has come complex calculations in it and I didn't want to type in the values by hand. Eventually I had to save Excel as text and then open that up in Word. So this getting two MS programs to interact was non-obvious.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  80. Your website by Anonymous Coward · · Score: 0

    Click on the mycologist link. oops.

    http://www.postnuke.com/ .....

  81. Damn! I'm going to be rich! by greylingrover · · Score: 1, Troll

    I developed a way to transfer data from Excel to FileMaker, it's called typing. Can I have a check also?

    --
    --- Shoo-be-doo-be-do-wop-say-what-yeah!
  82. Wow. by Eric119 · · Score: 1

    That's the longest sentence fragment I've ever seen.

  83. Spelling, spelling by calculadoru · · Score: 2, Informative

    Not that anybody on slashdot cares about things like this, but the correct spelling is Guatemalan

    --
    The power of accurate observation is commonly called cynicism by those who have not got it. -- G.B. Shaw
  84. broad patents should be void by Anonymous Coward · · Score: 0

    a patent should patent the How? not the What?

  85. Re:Microsoft gets sued for using Microsoft product by DenDave · · Score: 1

    Well you see when software patents are allowed to live their seedy lives, this happens..

    It goes both ways, unfortunatly one way more often than the other.. many many years ago on a continent far far away, two accountants had geeked out and figured how to transfer their data out of their accounting system into a spreadsheet (123).. do you think they own the Intellectual Property to their invention? Wrong... who does? Big Mickey!

    --
    -if at first you don't succeed, stay the heck away from paragliding.
  86. Re:Most amazing thing is... by Flyboy+Connor · · Score: 2, Insightful
    We know M$ gets aways with all sort of things, so EVEN if this guy is taking advantage of software patents and is intentions are bad, he WON against the proverbial 800-pound gorilla. That's something to CELEBRATE. It tells all those little guys somewhere, that there's hope on their processes. Yes, you CAN beat a giant at their own game.

    I don't think Microsoft really lost here.

    Think with me: if Microsoft really wanted to win this case, they would just appeal. They've got the money, they've got the lawyers, there is NO WAY Joe Smallpotatoes would win in the end. Especially not this ridiculous patent, which should be easy to overthrow on the grounds of obviousness.

    So, I can only conclude that Microsoft is actually happy to lose this one. And why would that be? My guess is that they simply have lots of these obvious patents themselves, which they hope to apply tactically in the near future to bring down small entrepreneurs. Since they now lost this case, in the future, when someone they sue tries to tell the judge that a Microsoft patent is obvious, Microsoft can reply by pointing out the historic case in which a judge upheld a similar patent, which is therefore non-obvious.

    This is a tactical loss for Microsoft. And I see a bleak future.

  87. taste of their own medicine by cahiha · · Score: 1

    While I don't like anybody getting sued over silly patents, this is good. Microsoft is a major proponent of software patents, and if they find out how bad it is for their business, maybe they will lobby to abolish them.

    Of course, $9m isn't going to hurt them, but we can keep our fingers crossed that someone will be awarded $9b. In all that Microsoft software, there must be lots of patent infringement.

  88. this is good, but not in the way you think by forgetmenot · · Score: 1

    As long as patents like these keep getting enforced against the big players like MS, we'll all be better off sooner. No, it's not because it's nice to see MS et al getting their just deserts (though there is some humour derived there from, I must admit) - we all know these kinds of patents are basically... crummy. And having the big pushers for these kinds of patents actually getting stung by them... repeatedly... from "unexpected sources", may convince them that it was all a bad idea to begin with and THEN perhaps they'll reverse there positions and actually use their immense political purchasing powers to reverse the laws.

    Or not.

  89. They want it to be a crime by Steeltoe · · Score: 1

    Hmm, they sure seem to want to make it a crime: Thought Thieves

  90. Man...not good. by Martigan80 · · Score: 1

    Yeah one person "got paid" but this also strengthens MS resolve to patent everything they possibly can so this doesn't happen again.

    --
    This SIG pulled due to lack of funding. (This damn war is costing too much!)
  91. Re:Microsoft gets sued for using Microsoft product by Steeltoe · · Score: 2, Interesting

    Microsoft invents Microsoft Excel.
    Microsoft invents Microsoft Access.
    Guatamalan inventor patents method of transferring data between the two programs.


    And exactly what is the difference between inventing Excel, or C / C++, Java, Perl, and have people loading software patents based on that technology?

    None. This just shows why software patents is bad. It's all mathematics, and they're trying to sell what we already own, to us..

    Microsoft deserves this, because they're in the forefront of software patents in USA, Europe and the rest of the world. Not because of revenge, but they have to live with the consequences of their ignorant decisions - Karma pure and simple.

  92. amd... by ptrangerv8 · · Score: 1

    this is news becuase why?

    Honestly - this is the anti thesis of most Slashdot - where's the news? I'm sure if you dug hard enoguh, you'd find a patent for booger-picking... (owned by me) and therefore gates is in violation, and owes me 1 trillion dollards.... and stuff...

  93. PPP? by thebes · · Score: 1

    Point to Point Protocol can be used to convert money? SWEEEET!

  94. Reform! by Groote+Ka · · Score: 2, Interesting
    Which might be one of the reasons that Microsoft is backing proposals for a reform of the patent systems, according to this article.

    Microsoft is now getting one of those giants like IBM who will constantly be bugged by private patent owners (bogus or real) for money. My experience is that though large companies have many patents, the quality of their portfolio is relatively low as they like big numbers. Small companies, on the other hand, have either a completely worthless portfolio or a small but very powerfull portfolio. And a small production, so the backfire risk of a patent lawsuit towards Microsoft is negligible.

    But I do not think a (the?) new US patent system backed by Microsoft will solve that problem for Microsoft. It will probably make it worse. Suffer, dudes...

  95. wait a sec... by circusboy · · Score: 1

    Does anyone find the irony of a company is being sued for infringing on a patent that revolves around the way you use their own products just a little much?

    And perhaps a bit troublesome?

    --
    -- it's ridiculous how many people misspell ridiculous... (damn, damn, damn...)
  96. Re:Most amazing thing is... by Trogre · · Score: 1

    So they lost in order to set a precedent?

    That's entirely possible. In fact I wouldn't be surprised if a few months ago Mr Armando Amado was approached by Microsoft with a lucrative mutually-beneficial proposal.

    --
    "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
  97. Ignorance by Anonymous Coward · · Score: 0

    Team,

    The name of the country is Guatemala:

    http://www.cia.gov/cia/publications/factbook/geos/ gt.html

    1. Re:Ignorance by chawly · · Score: 1

      Ain't that a fact, and a gentleman from Guatemala is a Guatemaltec, and this even when he is not a technician. 'Tis a strange world, 'tisn't it.

      --
      How many beans make five, anyhow ? ... Charles Walmsley
  98. Dumb beyond all words. by Anonymous Coward · · Score: 0

    So this really has to prove that software patents are the most absurd concept next to anything Ron Popiel sells. MS looses a case to an "inventor" who can use one MS app with another MS app. Hell, I'm gonna patent the use of generated patterens of sound for communcation. Then all spoken words will belong to me, and I will finally rule the world. There will be no more speech that I do not pre-approve. And asking me for permission is not approved. challenging my patent will require speech that I have not approved. And my evil is finally complete. Thanks!

  99. Your understanding of how patents work... by jotaeleemeese · · Score: 1

    ... is so poor that begs disbelief.

    Honestly think about what you wrote, it is a pile of nonsense: any invention will be based in stuff that exists already.

    --
    IANAL but write like a drunk one.
  100. Re:Microsoft gets sued for using Microsoft product by Dan+East · · Score: 1

    Oh yeah, back in the dark ages. Back before virus writers could write a script embedded in a Word DOC that would open Outlook and send out a worm to everyone in the address book.

    Yeah, everyone had it rough back then.

    Dan East

    --
    Better known as 318230.
  101. Microsoft on patents by cfalcon · · Score: 1

    Of course Microsoft has a stupid stance on patents. But that's immaterial here, unless you want to be some kind of active karmic agent or whatever.

    I *would* agree that this kind of attack is possibly the only thing that will make Microsoft change its tune, but no one is out there urging everyone to patent every good idea they have and put them under a "if a proprietary company uses any of these ideas, we'll sue their nuts off" agreement. This would be expensive per patent, but would not be out of reach for a community that is so broad and has so much resources.

    I suspect we *would* see such an effort (or see an existing effort come to light) if free / open source actually began to be attacked by patents seriously... but for now, everyone seems to take the tack that such patents are ridiculous, and that they should not be permitted.

    Anyway, as long as Microsoft stands to gain more than lose on stupid patents, they will back stupid patents. But they still didn't do anything to *deserve* this lawsuit.

  102. Next: patent awarded on universal Turing machine by randolph · · Score: 1

    Oh, wait...

  103. Uhh, they were not an integrated suite of products by gosand · · Score: 4, Insightful
    Microsoft built a suite of integrated Office applications with built-in functionality that allows seamless transfer of data between the apps.

    Bzzzzzzt. They were not an integrated suite in 1990. They were separate products. What allowed them to be integrated into a suite? Maybe ideas like the one this guy patented and Microsoft infringed upon.

    --

    My beliefs do not require that you agree with them.

  104. Re:Most amazing thing is... by whitehatlurker · · Score: 1
    I agree ... MicroSoft won this. By spending a paltry (by their measure) $9M, plus legal fees they have a precendent for using this case for their own profit.

    This decision will be trotted out when they start defending their own patents.

    An ironic twist would be if someone (FSF?) had backed MicroSoft in this case to help them win.

    --
    .. paranoid crackpot leftover from the days of Amiga.
  105. Show us your stuff, so we can steal it by fizteh89 · · Score: 1

    "Try selling that to Microsoft" Yeah, show them your stuff ... They also would like you to write and file complete patent application at your own expense, so they can read about all the details and implement your ideas, patented or not, they don't care... I did try to offer them some ideas, after filing US patent application (still pending) and their standard response was "Get Lost ! We are not interested !" They didn't even attempt to offer me a job or something, to start conversation... I am pretty sure they are busy now implementing ideas from my patent application into their products. Expect more cases like this in the future... This is why they want patent reform now - to get away with stealing other people's stuff (One of the key changes proposed is making injunction more difficult to obtain for small entities, so MS can get away with stealing IP)

  106. Re:Uhh, they were not an integrated suite of produ by AndroidCat · · Score: 1
    In 1990, Word and Excel were integrated such that you could copy/paste between apps, and I believe they supported hot links where live data could be inserted. (Dynamic Data Exchange) That was a fairly new thing for different apps. (There were certainly combo apps that did documents, spreadsheets, databases, etc, that did it much before then, even in DOS.)

    There was no integration with Access because it wasn't released until 1993.

    --
    One line blog. I hear that they're called Twitters now.
  107. Re:Next: patent awarded on universal Turing machin by chawly · · Score: 1

    Yep ! Wayto go!

    --
    How many beans make five, anyhow ? ... Charles Walmsley