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Symantec Sues Microsoft, May Delay Vista

AuMatar writes "Symantec filed a lawsuit against Microsoft over patents on the volume management technology in Vista. They're seeking an injunction to stop Vista from being sold until the suit is completed. Given the recent Supreme Court ruling it should be interesting to see if the injunction is granted, since Symantec does produce software which uses the patent. If it is granted, expect MS to settle to prevent another Vista delay."

42 of 303 comments (clear)

  1. No balls.... by Anonymous Coward · · Score: 5, Funny

    So now they pay someone else to help them delay Vista. LOL how pathetic.......

    1. Re:No balls.... by marcello_dl · · Score: 3, Insightful

      Some insight in parent post, too. What is Symantecs management, as any other management, really after? Money. Would they get more money if Vista were released on time, and sold copies with Symantec IP on it, or if Vista were delayed and OSX/Linux gained momentum?

      --
      ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
  2. Interesting ploy by bblazer · · Score: 4, Interesting

    What Symantec is doing is rather interesting. Either asking for an injunction is to truly stop MS from causing their business damage, or it is just a lever to get into MS's checkbook. Either way, it is going to be interesting to see how this one plays out. While Symantec is not the 600lb gorilla the MS is, it is certainly in the 300lb range.

    --
    My .bashrc can beat up your .bashrc!
    1. Re:Interesting ploy by ltwally · · Score: 4, Insightful
      Sounds an aweful lot like extortion to me. If they'd initiated this lawsuit a year ago, that'd have been one thing... but instead, they chose to take Microsoft to court as launch-day comes close.

      "Pay us some money, or we'll drag out this court thing and screw over your launch date, and cost you a bunch of money anyways."

      --



      /dev/random
    2. Re:Interesting ploy by sdnoob · · Score: 5, Interesting

      a. symantec's bottom line needs the influx of settlement cash

      b. they've got no chance in hell of finishing vista-compatible products in time, so they need another delay

      c. they actually have a case.

    3. Re:Interesting ploy by sumdumass · · Score: 4, Interesting

      d. Symantec has been in talks with microsoft for a while now and microsoft thought they could steam roll over them like they have been accused of doing to so many other companies in the past.

      E. all of the above.

  3. By the time Vista comes out... by Hairball6494 · · Score: 3, Funny

    ... I'm sure it will be time for MS to announce their next generation of OS. or maybe server. who likes using 3 year old server software???

    --
    I think people use 'Ubuntu' in their posts to sound cool.
    1. Re:By the time Vista comes out... by not+already+in+use · · Score: 5, Funny

      3 years is about how long it takes for a windows release to become stable.

      --
      Similes are like metaphors
    2. Re:By the time Vista comes out... by Antique+Geekmeister · · Score: 3, Interesting

      Oddly enough, a lot of my open source friends like to stay with older, more stable OS's and keep lamenting that particular new software "just won't run" on their antiquated systems. Often this is because their hardware is limited, but often it's because leading edge development goes down a lot of wrong paths: so they prefer extremely stable, trusted environments and only upgrade when absolutely forced to.

      This is particularly vital for so-called high availability and extremely large architecture systems for which companies pay a lot of money: it takes time to work out all the bugs in complex failover systems. The results are often unfortunate: basic system and debugging tools and especially security patches are not available for those systems. I'm afraid that XP and 2003 are going to be considered "good enough" for a long time, and if it's not, the open-source 64-bit operating systems will have gained quite a lot more market share.

  4. Delayed?? by Ritalin16 · · Score: 5, Funny

    What? Vista might be delayed? I'm shocked.... SHOCKED!!

    --
    In soviet Russia, Linux compiles YOU!
  5. Irony! by crhylove · · Score: 5, Insightful

    How many people think this is hillarious since windows is the only OS symantec can make a profit on, since it is the only one that performs poorly enough to NEED something like symantec?

    Think about it, how many of us linux users are regularly downloading a virus cleaning program?

    Symantec suing MS is like Karl Rove suing the republican party. It may be valid, but one would not exist without the other. That's just funny to me.

    rhY

    --
    I hold very few opinions. I hold information based on observation and fact. If you wish to disagree, please use facts.
    1. Re:Irony! by WedgeTalon · · Score: 3, Informative

      I would completely disagree with that needing symantec bit. In fact, I find that XP systems run BETTER without their crap. Just slap on one of the free antivirus out there and remove any pre-installed crapware and you're good to go.

    2. Re:Irony! by Crazyscottie · · Score: 5, Insightful

      Of course Symantec horse is biting the hand of the man that feeds it, but only because the horse knows that very soon (after a few more delays, I should say) the man won't need that horse anymore! This could be a lawsuit intended to delay the shipping of Vista.

      More delays = Longer time until Microsoft's bundled security = More Symantec products sold

      You get the picture.

      --
      Just because it can't be explained doesn't mean it isn't true. Science fits into reality... not the other way around.
    3. Re:Irony! by sumdumass · · Score: 4, Funny

      It makes you wonder if the reason Vista needs so much proccessor and memory was because they have symantec code in there.

    4. Re:Irony! by sumdumass · · Score: 3, Informative

      My understanding is that the first virus ever in the wild was for apple computers.

      This is an interesting timeline It lacks some details but gives an idea of importance virus played in history.

    5. Re:Irony! by marcello_dl · · Score: 4, Funny

      My understanding is that the first virus ever in the wild was for apple computers.

      Heh, Apple leading the way and M$ playing catch-up, again?

      --
      ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
  6. In other news... by creepynut · · Score: 4, Funny

    Microsoft announces another edition of Windows Vista; Windows Vista Forever.

    In celebration of it's release, ID Software and Microsoft are teaming up to release Duke Nukem Forever on the same day!

    1. Re:In other news... by SpectreHiro · · Score: 5, Interesting

      In celebration of it's release, ID Software and Microsoft are teaming up to release Duke Nukem Forever on the same day!

      3DRealms, not id. Way to botch a lame joke.

      --
      You can't win, Darth. If you mod me down, I shall become more powerful than you could possibly imagine.
    2. Re:In other news... by datafr0g · · Score: 3, Funny

      Microsoft announces another edition of Windows Vista; Windows Vista Forever. In celebration of it's release, ID Software and Microsoft are teaming up to release Duke Nukem Forever on the same day!

      Funny that DNF has taken so long, people have forgotten who the developer is!
      I wonder if in five years, we'll forget who owned the Vista project and start blaming Linus!

      heh, on second thought, maybe we will!

      ;-)

      --
      "Who says nothing is impossible? Some people do it every day!" - Alfred E. Neuman
  7. Hmmm... by rushmeat · · Score: 4, Funny

    *Microsoft Board Room Exec's Shit guys, the date is coming closer and closer, and we have NOTHING. What the HELL are we going to do? *Board members think for a while* Hey, I have an idea! Let's get Symantec to sue us for something stupid, and create an injunction that stops our product from coming out, so that we don't have to delay it again, and can use someone as a scapegoat! ... Excelent idea! Give this man a promotion, a Ferrari, and hell, tell the programmers to take the week off!

  8. if I were a technology company by yagu · · Score: 4, Insightful

    Semantec and its technology is annoying. Microsoft and its technology is annoying. Both have insidious business tactics (lifetime subscription, or die?).

    I have a hard time picking which of these two companies is telling the truth here. Okay, it's slashdot, I'll align (reluctantly) with Semantec. A paragraph from an article:

    "These claims are unfounded because Microsoft actually purchased intellectual property rights for all elevant technologies from Veritas in 2004," the company said.

    The courts will have to arbitrate, but I wonder that Microsoft went into that contract under a huge smoke screen, all smarmy and friendly -- Semantec probably thought they were getting a backstage pass, a partnership to be the virus, etc., technology provider with Microsoft for the long anticipated Vista.

    Vista: (from definition 2., Merriam Webster): an extensive mental view (as over a stretch of time or a series of events)

    Semantec probably saw themselves in some kind of mindshare with Microsoft. Not much of a "vista" now? Frankly, when you look at the scattered remains of former companies at the hands of Microsoft it seems a wonder any company would enter into partnerships with them (Citrix, Stacker (is that what it was called?, etc.).

    If I were a technology company, I'd only take one of two paths: I'd either formulate a strategy such that when my products are mature and interesting enough to Microsoft, I'd sell the technology and company outright (hello Visio), or I'd absolutely refuse to work with them at all. Anything in between seems to be a kiss of betrayal.

    Of course a company always has to consider the heavy price that might be paid by not cooperating at all with Microsoft. Remember Netscape? And Microsoft has demonstrated the price to pay for that kind of bullying ("Janet Reno can go to Hell.") is one they're willing to absorb.

    Well, a rambling post, but no solution to the Microsoft juggernaut. Hang in there Google!

  9. Summary is wrong by Anonymous Coward · · Score: 5, Informative
    The lawsuit has nothing to do with patent infringement.

    Instead, Symantec is alleging that Microsoft stole trade secrets from them (this is the contractual violation part) incorporated them into Vista (hence the petition for injunction).

    Patents come into the picture because Symantec is also alleging the Microsoft filed for patents on this technology, claiming to have invented it itself.

    1. Re:Summary is wrong by chef_raekwon · · Score: 5, Informative

      nicely put. I have read all the comments to this point, and no one seems to get the picture (except ofcourse, for this AC).

      Symantec is putting forth this lawsuit because it now owns Veritas. Veritas is the best volume management software available. It is light years ahead of any competition -- and if Microsoft steals these 'trade secrets', they have every right to go after them in court. I don't think we are seeing another SCO trying to slow the inevitable death...or a company trying to pimp its virus protection.

      --
      We're like rats, in some experiment! -- George Costanza
  10. Not so fast on that injunction... by xkr · · Score: 3, Interesting
    Symantec (plantiff) can only get an injunction, in the best of circumstances, AFTER MS has been determined by a trial court to be infringing. An average patent case now costs $13 million in legal expenses and takes 7 years. Then, assume about two more years for the injunction.

    The recent Supreme Court decision has (almost) put an end to injunctions. Since the damages in patent cases are restricted to "actual" (meaning lost business profit) damages, it is hardly worth the bother.

    Expect to see patent holders pretty much ignored by all large companies, from now on.

    --
    I will create a sig when innovation restarts in the U.S.
  11. Re:Volume management technology? by siraim · · Score: 5, Informative

    Symantec purchased Veritas. Veritas wrote the volume manager (Disk Management in the mmc) that is used by Windows 2000 and later. If you check the registry, you'll find reference to the veritas volume manager.

  12. Re:Volume management technology? by Random+Data · · Score: 5, Informative

    Dynamic disks, shadow copy, etc. are all Veritas (now Symantec) products that MS licensed. Presumably MS are pushing something along these lines that'll interfere with Symantec's storage management market, so Symantec are getting nervous.

    TFA is light on details as to exactly what bits are violating an agreement, but given this stuff has been around since Windows 2000 it's fairly safe to say it's reasonably well embedded into the OS - lots of stuff depends on those hooks now.

  13. I can see it now. by Aj · · Score: 5, Funny

    23 May 2006.

    Microsoft released its latest patch set today for all versions of it's Windows Operating systems.

    24 May 2006.

    Symantec Products Failing en-mass.

    Reports are coming in from all over the world today that Symantecs software is failing on all versions of windows, Symantec cannot explain it, and microsoft are not commenting.

    sigh...

  14. Re:Fine, delay it by Mistshadow2k4 · · Score: 4, Funny

    Ah, that would explain those ancient Mayan predictions of something terrible happening to the human race in 2012.

    --
    I dream of a better world... one in which chickens can cross roads without their motives being questioned.
  15. Britney Spears Plans Second Baby by oskard · · Score: 4, Funny

    , May Delay Vista

    --
    Sigs are for Terrorists.
  16. Come on, guys! It has NOTHING to do with viruses! by WidescreenFreak · · Score: 5, Informative

    Holy sh*t! All of the comments in this thread about Symantec being worried about Microsoft's anti-virus product!

    You apparently have forgotten that Symantec now owns Veritas -- you know, the company that had probably the most-used volume management software out there? Need I remind you that Veritas Volume Manager has been a part of Windows for many years? Windows 2000 even had VxVM incorporated into it. When you have a 2000 or XP disk that is configured as "dynamic" instead of "basic", you're looking at a Veritas Volume Manager disk, not a straight NTFS/FAT32 disk.

    Even the article itself (emphases mine) says:

    Microsoft said in a statement that the suit "stems from a very narrow disagreement" over terms of a contract with Veritas to license volume management technology, which allows operating systems to handle large amounts of data.

    Apparently, Symantec either thinks that Microsoft has misappropriated the technology that they use in Veritas Volume Manager and incorporated it into Vista without giving Symantec that they want or they're using this as an excuse for a money grab. Either way, this has nothing to do with Microsoft's anti-virus product.

    --
    The Overrated mod is for reversing inappropriate, positive mods, not for voicing disagreement with a post.
  17. Volume Management??? by Gothmolly · · Score: 3, Funny

    Does this mean that Windows will finally have a real volume manager? Oh the humanity! Are we finally done with primary and extended partitions, and dynamic volumes, and all that crap? Can we just do something as elegant as "vgextend vg00 /dev/sda2" or similar ARC path crap?

    Holy cow, maybe Vista WONT suck.

    --
    I want to delete my account but Slashdot doesn't allow it.
  18. Yay! Volume manager! by TheDormouse · · Score: 5, Funny

    So all my MP3's will play around the same volume with me having to fiddle with the speaker controls! Yessss!




    Oh, wait. Nevermind.

  19. No, not really. by Telastyn · · Score: 3, Informative

    Microsoft is in a position to place antivirus/spyware apps into their OS. Symantec makes ~50% of all revenue from NAV. This lawsuit isn't much more than corporate blackmail. Microsoft agrees to not bundle their AV, or otherwise completely screw NAV, and Symantec agrees not to tie up Vista in court.

  20. The Meeting... by Anonymous Coward · · Score: 3, Funny

    MS: "Ok, how much will it take to make you go away?"

    SYM: (in DR EVIL vioce) "ONE BILLION DOLLARS!"

    MS: "a billion?!"

    SYM: "Well, ya see, we gotta pay out taxes..."

  21. Sick of Lawsuits? by JoshuaJarman · · Score: 5, Interesting

    While I don't doubt that Symantec has a valid point and that MS is using some of their IP without licensing it I have to ask...

    Am I the only person sick to death of all the lawsuits and patents?

    It seems like the world is getting more and more "locked down".
    There is less and less anyone can do without knowingly or unknowlingly trampling someone else's IP.
    To make matters worse there are Patent Trolls, locking up broad patents with the hopes of suing people to make money.
    Those who can't sue.

    All this has lead me to question the presumptions behind both copyrights and patents.
    They were originally designed to spur innovation by protecting the people who invest their time and resources to research and develop new products or create original content.
    It *SEEMS* to me that both are now acheiving the oppsite goal and limiting and hurting innovation.

    While I don't think we can just get rid of either overnight, I think some careful consideration needs to go into reforming the laws to make sure that they serve their original purposes.

    Just some thoughts that this discussion brought up for me...Cheers.

  22. It's nice to be able to say I told you so, even if by Anonymous Coward · · Score: 3, Interesting

    it took ten years. Well I was actually there. Msft already had (and still does have) pretty good "volume management" software before they got in bed with Veritas. It was in the product since first release back in 1993. A couple of us were slated to work on improving what Msft already had. From a marketing perspective, being able to say that we had the software, Veritas Volume Management (VVM) that was the "gold" standard (from a marketeers point of view), was something that many thought we HAD to have. I really question whether this turned out to be true. I argued vehemently against this contract, which I read from cover to conver. Clearly I argued ineffectively. One of my arguments at the time, was that we would never be able to claim we were better than what was out there because it certainly wasn't in Veritas' interest to produce a better product for Msft, while they still had a bunch of other OEMS using customized VVM. It was a done deal with Msft though. I certainly got inklings that within serveral years there was at least ONE very senior executive who wondered aloud why the heck this contract got signed. Makes you wonder how many folks actually did read the contract. In my own case, I retired within a year of the contract being signed, and have been happily self-unemployed since.

  23. your point "d" by Anonymous Coward · · Score: 5, Interesting

    Hmm... Don't know if Microsoft has been in talks with Symantec, but as for steam rolling over them, I would very much say so (not saying it's necessarily a bad thing though):

    -They're going to offer an antivirus (in addition to their existing spyware removal software), making the use of SAV/NAV/NIS and such junk mostly pointless. [Not counting that most people seem to be moving to other AV apps lately like AVG and such - especially since NAV is getting harder to crack]

    -They're including a basic firewall out of the box (not the best, but NIS is crap, that'd be like downgrading, if someone wants a better firewall, they'll get something that's actually better)

    -Starting with Vista, they're replacing deployment tools, i.e. replacing RIS for WDS, but the interesting point here is XImage, which will likely replace ghost - the only symantec app that wasn't *total* crap yet (although lots of people have moved to/prefer acronis apps instead).

    What's left? Winfax? Nope. Already a basic fax client in windows (it sucks, but I can't say winfax is great either, and most people/businesses that still use faxes nowadays don't do it via PC either). Doubt they sell many licenses.

    Oh, PCAnywhere! Well, terminal services/citrix ICA is what everyone and their dog seems to be using these days (and apps like VNC/radmin). I haven't seen someone using it in a LONG time - definitely NOT mainstream either.

    What else? Partition magic? Bleh. Those who wanted it bought it while it was Powerquest's - and it doesn't even seem to be updated anymore (symantec's specialty seems to be driving products into the ground - like novell seemingly). Buggier than ever, sounds like everyone prefers acronis apps for this nowadays. ...and the list goes on. And their apps are getting a LOT more bothersome for their clients - especially the activation part. Someone I know bought NAV, only to discover it wouldn't let him activate it on 2 PCs or something (unlike the old version), and now it's not working anymore (plus pay for updates - getting too expensive, he moved to AVG too). And incredible bloat (NIS will bring a 2GHz PC to its knees), and countless bugs (we had tremendous problems with SAV at work, countless crashes, problems with office, you name it).

    The only thing they seem to have left that's worth buying is their new acquisition, veritas products. But I'm sure they'll manage to make them suck too, and drive them into the ground like everything else.

    It seems they're not improving anything, they'd be the LEAST innovative company I could think of, and their junk just keeps getting worse.

    Perhaps Veritas licenses alone can't keep the company afloat (unsurprisingly), and they're looking for a ne business model ala SCO (litigation, to prevent a new/better/more secure OS, or plain extorsion)

    I'm sad to see many companies and products having been crushed by Microsoft over the years (OS/2, Corel stuff, you name it), but if there's one company I won't miss, it definitely is Symantec.

  24. Re:Come on, guys! It has NOTHING to do with viruse by WhiteWolf666 · · Score: 3, Informative

    Reminds me of stacker.

    Though that worked out well for the primaries of stacker ($600 million settlement, or something like that), the company failed during litigation........

    One wonders if Microsoft is trying to "phase out" Symantec in the same fashion. Obviously, they believe it is cheaper to litigate/settle than license or buyout.

    --
    WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
  25. The enemy of your enemy not withstanding... by Anonymous Coward · · Score: 3, Interesting

    I think perhaps the steamroller is on the other foot. Microsoft is incorporating features into its operating system that they have taken copious amounts of flak for not having over the years. When someone wants to flame their OS the first part that gets raked across the coals is security. With Vista they seem to want to step up and take responsibility for security by including a virus scanner. Isn't this something everyone has been saying they should have been doing all along?

    "We shouldn't have to buy 3rd party software to be able to use Windows! That just ain't right."

    So they step up, granted they sure shuffled there feet getting there.

    "M$ is steamrolling 3rd party software that we bitched about having to buy in the first place! That just ain't right."

    I'd say Microsoft just can't win no matter what they do, but the opposite seems to be more the case in reality.

    As for Symantec "talking" with Microsoft, what do they really have to say? "Hey Microsoft, please don't make your product better because we want to continue to profit off picking up the slack." That'd kinda be like the oil companies saying, "Hey car companies, please don't make your cars more fuel efficient because we want to continue...

    oh nevermind

    1. Re:The enemy of your enemy not withstanding... by somersault · · Score: 3, Insightful

      The issue isn't that they are making Windows more secure, it's that they're infringing on a patent. And the other reply is correct - if they designed their OS with better security, and only let users who knew what they were doing mess about with installing apps etc, then there would be no need for antivirus. I was thinking that would stop your average schmoe from using a PC, but they'd soon learn how to use their PC properly if they discovered they couldnt install any applications without doing so. Some people shouldn't really use computers without doing a bit of reading, or getting a bit of tutoring from their friends. Just think of all the zombies out there under spammers' control, etc.. I have been using computers since I was 4 or so, and it's nice to just learn yourself, but these days (and I'm thinking especially in a business environment), people really need to be taught how to use computers. Windows isn't really interesting to use though, and doesn't give me the same feeling of control/security (even fun?) that other OSs I've used have done (Amiga OS, Mac OS, Linux..)

      --
      which is totally what she said
  26. remember shiva? by lon3st4r · · Score: 3, Interesting
    this is not the first time MS has been accused of such underhanded tactics. back in the ol' times when IE was just out, MS had licensed Shiva Corp.'s TCP/IP stack/dialer for IE. The agreement was on a royalty basis as a certain percentage of the sales income.

    MS then distributed IE for free and never paid a penny to them.

    i remember that MS recently did lose a lawsuit for this, but the damage was done

  27. Dude... by Penguin+Follower · · Score: 3, Interesting

    ... you are seriously forgetting about the most used symantec product in the corporate environment. Symantec Corporate Anti-virus. We use it, every company I support uses it (lots of companies). One client has over 7,000 machines running the client end of it, meanwhile there's all the domain controllers running the server end as well. Licenses... cha-ching cha-ching cha-ching! Unlike their comsumer level Norton AV, Symantec Corporate AV, in my experience, actually does it's job without being intrusive, AND it's nowhere near the resource hog that Norton AV is.

    Ghost isn't as big as it used to be, and the rest is junk as you mentioned. I just needed to add in the corporate AV... it's their one decent product. If Symantec goes under, I won't miss all the other products, but the corporate AV would be missed.