Windows 7 Under Fire For Patent Infringement

eldavojohn writes "A patent issued in 2003 called 'Method and system for demultiplexing a first sequence of packet components to identify specific components wherein subsequent components are processed without re-identifying components' is now owned by Implicit Networks, who has recently claimed Windows 7 infringes upon it with its Filtering Platform. This is used in Vista, Windows 7 and Windows Server 2008. Implicit is seeking a jury trial and damages. A shocking turn of events; you actually want to cheer for Microsoft this time as Implicit is nothing more than a patent licensing company (troll) and has done battle with Sun, AMD, Intel and NVIDIA."

Comments

Go Microsoft, Believe in me who believes in you

[Dadamh]

Seriously though, I dislike patent squatting.

These folks delay technology advancement and don't actually produce anything themselves.

I hope microsoft wins this. Of course, they will, because there's no one on earth they can't buy if they try hard enough.

Re:Go Microsoft, Believe in me who believes in you

[Tim C]

No, they need to win it - every company doing this sort of thing needs to lose, to send a clear message that sitting on a patent then suing people who independently discover the claimed invention is wrong and should not be considered a viable business method.

I know how tempting it is to sit there and laugh and say "serves them right!" but every time a patent troll wins, the entire industry (and by extension, humanity) loses.

Re:Go Microsoft, Believe in me who believes in you

[the_womble]

No, its best if MS, and other big tech companies lose a few of these. Then they will start lobbying for better patent laws, and perhaps even an end to software patents.

Re:Go Microsoft, Believe in me who believes in you

[nschubach]

It may be obvious, but in today's world: lobbyists make the laws and if you want to change patent laws... Microsoft losing is probably the best way.

You are not going to scare away patent trolls by simply making them lose because some of them will win and provide enough incentive to continue.

Trust Me

[OwMyBrain]

The only real winner is the lawyers.

I might be one to bash MSFT but --

[dwiget001]

-- this patent is bogus.

De-multiplexing has been around for a long time (circa late 60s or early 70s).

But, even with that out of the way, the patent is basically describing getting offset data after the de-multiplexing to then get at the data.

Both have gobs of prior art in their own rights. As well as this being obvious to anyone skilled in the areas of communications and programming.

The patent office needs a spanking.

And yet there are still software patents.

[khasim]

Since it is only the lawyers (and trolls) who make money off of this, why aren't those companies banding together to kill software patents?

I can understand copyrights on software.

Is it because those companies see their profits from such patents as larger than the occasional cost of buying off a patent troll?

Re:And yet there are still software patents.

[Sinning]

Is it because those companies see their profits from such patents as larger than the occasional cost of buying off a patent troll?

Yes. Also, defending yourself from these types of patent issues discourages competition by greatly increasing the cost to enter the market.

Re:And yet there are still software patents.

[Anonymous Coward]

If you are one of those socialist Canadians, you should have seen that this would basically allow a company with lots of money to take over any smaller company.

With enough money you can win almost any lawsuit, just by stalling and bleeding the opposite side dry. So just attack a company, drag out the process till they can no longer afford to defend themselves et voila: new aqcuisition.

Agreed. Microsoft lobbies for software patents.

[Concern]

If they like this system so much, I'm sure they will have no problem paying out to all the patent-holders they infringe upon, according to the same idiotic legal principles they believe should protect their own works.

Of course, if any more than a handful of crooks started following these rules, that would make the software industry impossible. Not even Microsoft could ever know what they infringe. Even if the baby jesus came down from heaven today and told them the four hundred thousand patents they infringe, they would be lost again tomorrow, when 10,000 more patents were filed.

The only way this absurd system of legalized corporate mugging is truly going to end is when Microsoft and the other lobbyists behind it themselves lose Real Money (i.e. billions of US monopoly dollars) to other patent holders.

I am wishing Implicit all the best in their bullshit lawsuit.

simmer down

[nomadic]

A shocking turn of events, you actually want to cheer for Microsoft this time as Implicit is nothing more than a patent licensing company (troll) and has done battle with Sun, AMD, Intel and NVIDIA."

Please don't tell me what I want to do.

Live by the sword, die by the sword

[Tony]

In fact, I *don't* want to cheer for Microsoft. Or Sun. Or Apple. Or IBM. Or even Red Hat (much).

Any company that holds software patents and has not worked to eliminate software patents is complicit in this fucked-up mess. This is especially true of any company that has attempted to enforce their software patents (I'm lookin' at you, Microsoft, IBM, Tivoli, Oracle, and any number of other companies).

Yes, patent trolls are the scum of the earth, right there with spammers and people who use off-ramps and shoulders as passing lanes. But those companies that hold software patents and do not fight to eliminate software patents are part of the problem; those that hold software patents and have actively fought to maintain the current system are even worse.

So fuck 'em both.