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Microsoft Leveraging iPod Patent?
willie3204 was one of several readers who noticed this story about Microsoft cashing in on the iPod Patent that they apparently beat Apple to. Since this song looks to be played to the tune of $10/iPod, I imagine someone will be singing the appeal song.
Two words: Prior Art. MS filed two months after the debut of the iPod. Apple got caught with their pants down by filing late, but I doubt seriously MS will be able to collect a dime on the patents.
... is shit. The $10 figure is almost certainly a coke-fuelled[0] invention of some lazy-ass semi-literate tech-journalist needing desperately to fill space, who's noticed that such a patent exists (probably read it on some other tech news site, but felt the story needed spicing up). Until MS or Apple actually make a statement on it, this is just moronic conjecture.
[0] I mean Coca-Cola, obviously.
Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
Ah, yes, the Wizbang blog, pinnacle of journalistic endeavors on this here internet. I now feel silly for not checking there first.
Slashdot - where whining about luck is the new way to make the world you want.
I develop with Microsoft software. My desktops are all Windows desktops (though I run Linux in virtual sessions). I target the Microsoft environment because, in my analysis and for the industry I target, it is the best choice. I've even been accused on Slashdot of being a Microsoft astroturfer countless times for shooting down misguided and misinformed anti-"M$" FUD. While I've been a bit put off by some of Microsoft's prior actions, I could always see their position. I have never owned a Mac, and I don't own an iPod.
Yet this action absolutely disgusts me.
Microsoft seriously risks turning off, and scaring away, the people who have the influence and persuasive power and technical know-how to maintain Microsoft's position. Hearing some scumbag talking about "licensing their innovation", when he's really talking about a deplorable abuse of the patent system, really makes one ponder what's the next (we already got hints from the sad reality that Microsoft considered buying Claria). Previously it was Microsoft the Evil to the conspiracy theorists and the people with an axe to grind. The title is becoming more real to the mainstream.
Except that it doesn't work that way. Our patent system (flawed as it may be) works on rewarding patent to the first to invent, not the first to register for patent. Since Apple can demonstrate that they were shipping product well before MSFT submitted their patent applications, this should be an easy appeal for Apple to win. It's still a hassle, though and in the end the only ones who will benefit are the lawyers.
Lawyers only work when everyone agrees to abide by the lawers and judges. People generally only agree to this because some "soldiers" somewhere are willing to enforce what the lawyers and judges say. I only care about lawyers and judges because of the guys with guns behind them.
People in the US in particular seem to forget that the only real way to enforce anything is with force.
"There are a dozen opinions on a matter until you know the truth. Then there is only one." - CS Lewis (paraprhase)
"Our patent system (flawed as it may be) works on rewarding patent to the first to invent, not the first to register for patent."
First to _invent_, not to implement. If Microsoft can produce documentation that they thought of this idea well in advance of Apple's iPod release, they can still retain the patent.
-Erwos
Plausible conjecture should not be misrepresented as proof positive.
Umm, no. They released the iPod in November, 2001. Although they were late applying for their patent, and therefore can no longer receive a patent on their technology, the fact that they have a product that was on the market before Microsoft even filed for their patent would automatically invalidate Microsoft's patent. Wouldn't it? We call it prior art, don't we?
GreyPoopon
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Why is it I can write insightful comments but can't come up with a clever signature?
... will be for Microsoft to drop the Mac version of Office, and Apple to release an Excel-competitor. I'll be skeptical of the all-out-war theory until those two things happen.
To a Lisp hacker, XML is S-expressions in drag.
More likely, Apple will pull some patent they've been hanging onto that some newish version of Windows violates. Both sides will realize that both patents will probably be overturned at great expense, and a cross licensing agreement will make this all go away.
...Microsoft wants something specific from Apple and is using this as a lever.
Or...
From the article:
"Microsoft and Apple have previously licensed their respective patent portfolios to one another and we maintain a good working relationship with Apple."
"Anyone that has ever gotten an idea based on any of my work and done something better with it-good for you."--J.Carmack