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Microsoft Ordered To Pay $290M, Stop Selling Word

Cytalk and other readers tipped us to Microsoft's loss in a US appeals court, in a patent case brought by Canadian company i4i. Microsoft must now pay $290M and either stop selling Word (and probably Office) by January 11, or somehow work around the patent by that date. A Seattle PI blog reports that Redmond has a few options left: "In a statement, Microsoft said it was working hard to comply with the injunction. The company also said it is considering further legal options, including possible requests for a new hearing or a writ of certiorari from the US Supreme Court." Update: 12/22 20:47 GMT by KD : Tim Bray has up a blog post explaining why it would be no great loss if Microsoft dropped the "custom XML" feature in dispute.
Update: 12/22 23:04 GMT by KD : Reader adeelarshad82 pointed out a statement released by Microsoft earlier today, which says in part: "We expect to have copies of Microsoft Word 2007 and Office 2007, with this feature removed, available for U.S. sale and distribution by the injunction date. In addition, the beta versions of Microsoft Word 2010 and Microsoft Office 2010, which are available now for downloading, do not contain the technology covered by the injunction."

272 comments

  1. So... by Anonymous Coward · · Score: 0

    Does this mean patents are good? Where do I, as an average slashbot, stand on this issue today?

    1. Re:So... by natehoy · · Score: 5, Insightful

      On the one hand, it's bad for Microsoft, so slashbot=happy. But it's a Patent win, so slashbot=angry. But it's a win for a small company, so slashbot=happy. But the small company appears to be a patent troll, so slashbot=indignant. But it's band for Microsoft anyway, so slashbot=[error: Stack overflow. Exiting.]

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    2. Re:So... by PeterBrett · · Score: 5, Insightful

      On the one hand, it's bad for Microsoft, so slashbot=happy. But it's a Patent win, so slashbot=angry. But it's a win for a small company, so slashbot=happy. But the small company appears to be a patent troll, so slashbot=indignant. But it's band for Microsoft anyway, so slashbot=[error: Stack overflow. Exiting.]

      As far as I can tell, i4i is not a patent troll -- that is, they developed the technology, and developed and marketed a product based in said technology. In fact, this almost looks like a poster boy case for the upside of patents -- the little boy is using his patent to stop the big boy ripping it off. It would look better if it wasn't for the glacial pace with which the trial and appeal have proceeded.

    3. Re:So... by digitalunity · · Score: 2, Funny

      So you're saying the slashbots should be happy, angry and indignant all at once? That's normal.

      You must be new here.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    4. Re:So... by natehoy · · Score: 4, Funny

      Then slashbot happy.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    5. Re:So... by LWATCDR · · Score: 1

      So a typical day on slashdot?
      Wow 270 million. Or on tenth of the coffee budget of Microsoft I wonder if Microsoft will just pay them off and buy the patent and then use it to attack others.
      If I was Microsoft and lost my faith that I had a soul that is what I would do.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    6. Re:So... by ObsessiveMathsFreak · · Score: 0, Troll

      As far as I can tell, i4i is not a patent troll -- that is, they developed the technology, and developed and marketed a product based in said technology.

      *clap. clap. clap.*

      Wow. Big round of applause for the hard working programmers at i4i. Weren't they so clever. Are they not ultra geniuses who deserve every penny of that $250 million for giving the world such a unique and otherwise unobtainable technology. Don't they deserve a lifelong monopoly of every even half related technology for the next 20 years. Don't they deserve complete and utter protection from the competing forces that are present in and lead to the improvement of all other economic sectors? It's only fair right? I mean, no none else would ever have been able to come up with anything remotely similar without having read the patents in question right?

      And shame, shame on Microsoft for stealing all that hard earned work from these honest boys. You'd swear they wrote and implemented all their own code or something!

      --
      May the Maths Be with you!
    7. Re:So... by tieTYT · · Score: 1

      Shopkeeper: I must warn you the doll is cursed.
      Homer Simpson: That's bad.
      Shopkeeper: But it comes with a free frogurt!
      Homer Simpson: That's good.
      Shopkeeper: The frogurt is also cursed.
      Homer Simpson: That's bad!
      Shopkeeper: But it comes with a free choice of toppings!
      Homer Simpson: That's good!
      Shopkeeper: The toppings contain sodium benzoate.
      [Homer looks puzzled.]
      Shopkeeper: That's bad.
      Homer Simpson: Can I go now?

    8. Re:So... by natehoy · · Score: 1

      They could try buying out i4i, but I think i4i would set the price to be very unprofitable, and instead just set an ongoing licensing fee that allows Microsoft to continue operations but that would be very sweet indeed for i4i.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    9. Re:So... by Anonymous Coward · · Score: 0

      But it comes with a free frogurt!

    10. Re:So... by BeanThere · · Score: 1

      i4i is a patent troll; this isn't a real 'invention', it's little more than an XML editor that allows you to edit data in the styled/transformed view. That isn't a "technology", it's just an obvious extension of how XML-based data editing should work for end-users. i4i are just more sophisticated than the average patent troll, so don't be fooled, but they remain just a patent troll.

    11. Re:So... by Anonymous Coward · · Score: 0

      A lifelong monopoly for the next 20 years? I hope you've made your arrangements, because it looks like you're running out of time.

    12. Re:So... by 12WTF$ · · Score: 0, Offtopic

      Thank you for my new sig.

      --
      Cryonics - Keep cool and carry on.
    13. Re:So... by PeterBrett · · Score: 1

      i4i is a patent troll; this isn't a real 'invention', it's little more than an XML editor that allows you to edit data in the styled/transformed view. That isn't a "technology", it's just an obvious extension of how XML-based data editing should work for end-users. i4i are just more sophisticated than the average patent troll, so don't be fooled, but they remain just a patent troll.

      I can't believe I'm having to defend someone with a software patent...

      Look, when i4i was developing this there wasn't any such thing as an XML editor, okay? The XML wasn't even available yet. I'd argue that it wasn't obvious in the slightest at the time.

      As the inventor of a patented method and apparatus for solving a problem with microwave radio direction finding, let me assure you that there are a whole bunch of problems out there that take weeks of blood, sweat and tears to solve, but when you show it to someone else they say, "Why didn't I think of that? That's obvious!"

      So, yes, this may be a software patent, but don't be so quick to sneeringly dismiss it as a trivial innovation.

    14. Re:So... by uglyduckling · · Score: 1

      Just because something takes "weeks" doesn't mean that the inventor/discoverer (depending on how you see it) ought to be able to exclusively exploit it commercially for an indefinitely period of time.

    15. Re:So... by Anonymous Coward · · Score: 0

      Just because the patent is bullshit (which I think it probably is based on my initial reading of the claims), doesn't make the company prosecuting that patent a troll. In a situation where the patent office is willing to issue patents whose quality is on par with the one assigned to i4i, than I would argue that i4i would be negligent if they did not file it with the pto. If not them, someone else (probably microsoft or ibm) would file it if they wanted to make a product in that area, and then i4i would be screwed.

      The only way to win is to reform the patent system. refusing to play (especially one your product becomes successfull enough to attract the attention of a company with a large patent portfolio) is just a recipe for failure.

    16. Re:So... by Anonymous Coward · · Score: 1, Insightful

      Why would i4i, a Toronto, Ontario based company, sue Microsoft, a Redmond, Washington based company in a Texan court if they aren't a patent troll?

    17. Re:So... by Anonymous Coward · · Score: 0

      i4i is no patent troll, they designed a method to search XML data efficiently. Microsoft worked with them on a project for the US Military, liked what they saw, and incorporated the patented technology into their product, and subsequently refused to license the technology
      http://www.i4i.com/Conversions.htm
      But then, being a typical slashdotter, you spout and don't let the facts impede your viewpoint

    18. Re:So... by dakohli · · Score: 1
      hmmm

      Because that is where their easiest chance of success is?

      Patent Trolls are not defined where they sue, but as a business whose main source of income is enforcing patents that they bought up for that purpose:

      Patent troll is a pejorative term used for a person or company that enforces its patents against one or more alleged infringers in a manner considered unduly aggressive or opportunistic, often with no intention to manufacture or market the patented invention.(Wikipedia)

    19. Re:So... by alfielee · · Score: 1

      On the one hand, it's bad for Microsoft, so slashbot=happy. But it's a Patent win, so slashbot=angry. But it's a win for a small company, so slashbot=happy. But the small company appears to be a patent troll, so slashbot=indignant. But it's band for Microsoft anyway, so slashbot=[error: Stack overflow. Exiting.]

      You must be running in Windows because of those memory issues. Upgrade to Ubuntu or OpenSuSE or even Fedora (ich).

    20. Re:So... by shutdown+-p+now · · Score: 1

      Why would i4i, a Toronto, Ontario based company, sue Microsoft, a Redmond, Washington based company in a Texan court if they aren't a patent troll?

      Just as with taxes, using all legal means to minimize the red ink is perfectly fine for law-abiding businesses, so is using all legal means to tilt the advantage in a lawsuit in your favor. It's not in an of itself a sign of the company being a patent troll.

      Think about it: if you have a valid patent, and you know that company X is infringing on it, and you know that a specific court in Texas generally tends to favor the plaintiff, why wouldn't you sue there?

    21. Re:So... by oh_my_080980980 · · Score: 1

      Yeah keep thinking they are a patent troll. It's that level of intellectual honesty I expect from morons.

    22. Re:So... by Anonymous Coward · · Score: 0

      but the patent contain potassium benzoate.

    23. Re:So... by Insanity+Defense · · Score: 1

      Why would i4i, a Toronto, Ontario based company, sue Microsoft, a Redmond, Washington based company in a Texan court if they aren't a patent troll?

      Multiple reasons:

      1/ Software patents are not valid in Canada so the patent was applied for and granted in the U.S..

      2/ They have to sue in the jurisdiction they want to collect money in. They can't collect money in Canada over a patent that isn't legal here and to collect in the U.S. they have to sue in the U.S..

      3/ East Texas is popular for patent lawsuits in the U.S. for the high awards.

      4/ They were not going to sue on Microsofts home territory in Redmond. Don't you know that you never attack the monster in its lair? So they chose territory unfriendly to the defense.

  2. New Anti-Software patent support perhaps... by Fallen+Kell · · Score: 2, Insightful

    Now that MS is at the receiving end of the stick on one of their BIGGEST money making products, I wonder if we might see their tune change on support for software patents...

    --
    We were all warned a long time ago that MS products sucked, remember the Magic 8 Ball said, "Outlook not so good"
    1. Re:New Anti-Software patent support perhaps... by NoKaOi · · Score: 1

      Quite the opposite I think. When another country builds more nukes, do we say, "Gee, they're building lots of nukes and that could hurt us, let's stop building nukes so we don't hurt anybody else." Nope, just the opposite, it causes us to build more. That's what we're going to see here. More "defensive" patents from MS, and more efforts put into enforcement of their patents.

    2. Re:New Anti-Software patent support perhaps... by jernejk · · Score: 1

      Visual studio and .Net use XML extensively. Think web services (wcf). Think database (xml support). Shit, this is BIG!

    3. Re:New Anti-Software patent support perhaps... by sopssa · · Score: 1

      What is their tune? There haven't really been cases where MS is patent trolling other companies. Actually they've even given some patents to neutral third party, as open patents. But they have to go by the system and patent their things to protect themself from patent trolls. Just like Google, Apple and everyone else.

      Blame the (broken) system, not those who have to go by it.

    4. Re:New Anti-Software patent support perhaps... by wizardforce · · Score: 2, Insightful

      NOt likely. Microsoft has been stockpiling a massive arsenal of patents (as has IBM) in order to use patents as weapons. I really doubt that they would push for change in the right direction because it would likely mean that they'd lose a lot of their weaponry in doing so.

      --
      Sigs are too short to say anything truly profound so read the above post instead.
    5. Re:New Anti-Software patent support perhaps... by lorenlal · · Score: 1

      I don't think that'll be the solution... Since Microsoft is trying to do that anyway. They've been quite involved in setting up defensive patents. In fact, the idea of defensive patents seems quite absurd to me anyway. If you come up with an idea, but you aren't planning on making anything with it... Why not just release it? Or is the idea that they *could* do something with it, and they don't want anyone else to know what that something is?

      Anyway, in this case, it appears that MS just stole the idea that was pitched to them. So, they got what they deserved. I know... It's shocking... Well, sorta.

    6. Re:New Anti-Software patent support perhaps... by Anonymous Coward · · Score: 0

      FAT patent trolling didn't happen? Notice that the only rational reason to use FAT is to achieve maximum interoperability, so this case may even be treated as monopoly abuse.

      MS and IBM and Apple are all known to use software patents to extort license fees. I am not sure about Google, maybe they prefer more traditional blackmail...

    7. Re:New Anti-Software patent support perhaps... by fuzzyfuzzyfungus · · Score: 1

      Your analogy is defective in a couple of respects:

      Nuclear devices work by the laws of nature. There is nothing we can do about that, whether we like them or not.

      Patents are entirely products of law. If the political will existed, congress could simply pass a bill abolishing them immediately(or, more realistically, make any of the numerous reform options that have been discussed and dissected for years now). This is the first major difference.

      The second thing is: If your opponent has nukes, building your own is useful if, and only if, they can be used as a deterrent. If your opponent has no targets(either because they are just a scruffy guy with a suitcase nuke and no real national affiliations or because they are a megalomaniac who just doesn't much care what happens to his population centres) your nukes are just a waste of money that could be spent on other problems.

    8. Re:New Anti-Software patent support perhaps... by Anonymous Coward · · Score: 0

      That's what Kazakhstan did.

    9. Re:New Anti-Software patent support perhaps... by lorenlal · · Score: 1

      Please disregard the last line in that post. After looking around and seeing the text... I'm totally wrong. This patent looks scary as hell.

    10. Re:New Anti-Software patent support perhaps... by sconeu · · Score: 1

      Besides the FAT patent, how about "Linux infringes $SOME_NUMBER of our patents, but we won't tell you which ones.'

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    11. Re:New Anti-Software patent support perhaps... by Grishnakh · · Score: 1

      No, the idea with "defensive patents" is that, when faced with a patent suit by one of your competitors, you can dig through your portfolio of defensive patents and use one against them, because with so many things patented, it's almost a certainty that your big competitors are infringing on your patents. This actually happened recently; I forget the case now or the players, but some big company A sued some other big company B for patent infringement, and then was countersued by B for infringing on one of their patents. It's like WMD; you can't sue your big competitor for patent infringement without being sued in return.

      The problem is that this whole scheme falls down in the face of either patent trolls, or small companies with valuable patents, because the scheme assumes that all players are large and diverse enough to be almost certainly infringing on one of the large company's patents. Patent trolls don't actually make anything, so they're completely immune to infringement suits, and small companies concentrated on one thing aren't big and diverse enough to infringe on anything (they're basically all wrapped up in one or a few similar patents, and that's all they do). So they can file patent infringement suits without worrying about being countersued with a "defensive patent".

      You'd think that MS would have gotten a clue after the Eolas debacle, and worked for reform of the patent system, but they didn't.

    12. Re:New Anti-Software patent support perhaps... by Anonymous Coward · · Score: 0

      you're quite accurate, actually.

      MS met up with them and made a competing product based off what they found out in the meeting.

      software patents do need to go down, but MS is getting nipped in the ass for it's own game here.

    13. Re:New Anti-Software patent support perhaps... by mathimus1863 · · Score: 0, Flamebait

      Give me a break. I'm sure this single patent case that costs them a fraction of a billion dollars, would cause them to change their mind about a broken patent system that lets them reap multiple billions from other companies and helps them maintain their monopolistic advantage. Are you crazy?

    14. Re:New Anti-Software patent support perhaps... by Rockoon · · Score: 1

      The entire time, Microsoft was open to a patent licensing swap. This is what Microsoft does with its patents. It swaps licenses.

      TomTom wanted to "Win", but eventually and as predicted, took the swap. They finally figured out that they were guilty as sin and were going to lose.

      IMHO TomTom was stupid. They should have gone for the swap to begin with, because thats win-win. Now they have put themselves into a position where they have no IP left that can be used as leverage against competing products backed by Microsoft. They are now naked and its all their fault.

      The travesty of it all is not that Microsoft went after TomTom, but that TomTom fucked over its shareholder by being incredibly stupid. Microsoft tried to make a deal with them long before they were forced to go with the litigation option, a deal that certainly could not have been worse than what they got (signing an agreement not to litigate against Microsoft for any reason, for a bunch of years.)

      --
      "His name was James Damore."
    15. Re:New Anti-Software patent support perhaps... by contrapunctus · · Score: 1

      Or we could work on nuke-neutralizing technology. Oh they don't exist? That's right, it's just a flawed analogy :)

    16. Re:New Anti-Software patent support perhaps... by Jaxoreth · · Score: 1

      This actually happened recently; I forget the case now or the players, but some big company A sued some other big company B for patent infringement, and then was countersued by B for infringing on one of their patents.

      I believe you're thinking of Nokia suing Apple.

      --
      In general, it is safe and legal to kill your children. -- POSIX Programmer's Guide
    17. Re:New Anti-Software patent support perhaps... by Grishnakh · · Score: 1

      Yep, that's the one. Nokia seems pretty stupid for suing Apple, from what I can tell, and is only doing it because they're failing miserably in the face of the iPhone.

    18. Re:New Anti-Software patent support perhaps... by Anonymous Coward · · Score: 0

      Why did the phrase 'software cold war' pop up in my head just there?

    19. Re:New Anti-Software patent support perhaps... by Kalriath · · Score: 1

      Uh, no. Nokia holds patents on the core of cellular technologies such as WCDMA and GSM, which they were part of the invention of. Every other vendor licenses them (Samsung, LG, Sony-Ericsson, etc) but Apple said "why should we? our zealots will protect us!" as usual (see Cisco v. Apple) and as usual they're right. Apple was way in the wrong there. And Apple sued Nokia for - surprise - obvious inventions like "touch screen!"

      Other examples in recent history of patent "mutually assured destruction" usage include:
      Microsoft v Tomtom (FAT32 v GPS)
      Intel v AMD (x86 v x64)

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    20. Re:New Anti-Software patent support perhaps... by Anonymous Coward · · Score: 0

      Like the company name (i4i): an eye for an eye...

    21. Re:New Anti-Software patent support perhaps... by Anonymous Coward · · Score: 0

      What planet are you from? M$ has _REPEATEDLY_ tried to bully, cudgel, take-over or just destroy legitimate companies with patents that shouldn't exist (due to prior art, obviousness, etc). Here's hoping these criminals finally get something of the punishment they deserve.

    22. Re:New Anti-Software patent support perhaps... by Idiomatick · · Score: 1

      "in order to use patents as weapons."

      I wish I had the balls to make random baseless claims. Clearly you must have seen the future being a wizard and all...

    23. Re:New Anti-Software patent support perhaps... by Anonymous Coward · · Score: 0

      Clearly you're new here.

    24. Re:New Anti-Software patent support perhaps... by Bu11etmagnet · · Score: 1

      TomTom wanted to "Win", but eventually and as predicted, took the swap. They finally figured out that Microsoft had more lawyers and were going to lose.

      Here, fixed it for you.

      --
      Life is complex, with real and imaginary parts.
    25. Re:New Anti-Software patent support perhaps... by Anonymous Coward · · Score: 0

      Nah, they will simply buy out the companies holding the patents and diversify from software to patent troll, crushing the competition. ;)

    26. Re:New Anti-Software patent support perhaps... by Insanity+Defense · · Score: 1

      What is their tune? There haven't really been cases where MS is patent trolling other companies

      You might want to look up Steve Ballmers "I have a LIST" press talks where he claims to have a list of over 200 MS patents that Linux distributions "violate". He won't show the list to anyone out of fear that they will be challenged and invalidated.

      This may not count as patent trolling but it is spreading patent FUD. It also reminds me of Senator McCarthy and his "lists" of communists used to scare monger with little or no facts behind them.

  3. $500 instead of $90 for MS Word? by Greg+Hullender · · Score: 5, Interesting
    I thought it odd that they calculated the damages on the assumption that, had Microsoft paid royalties on the patent, they'd have pushed the price of MS Word from $90 to $500 with no loss of sales. It seems to me that if the traffic would support that price, Microsoft would already have been charging it!

    --Greg

    1. Re:$500 instead of $90 for MS Word? by cyberjock1980 · · Score: 1

      Actually, I think what they are saying is that the company lost 410 dollars per license on about 610000 licenses because of Microsoft so that is how much they are entitled to.

      I do not know the whole situation, so I cannot comment in whether these charges are appropriate, I am only explaining how I think the number was calculated.

    2. Re:$500 instead of $90 for MS Word? by danlip · · Score: 1

      Where did the figure of 610000 licenses come from? Because I am sure MS has sold far more than that, which would bring the price per license way down. Even if they only sold copies to 1 out of every 10 US citizens it would be 30M copies.

    3. Re:$500 instead of $90 for MS Word? by cyberjock1980 · · Score: 1

      The licenses i4i might be claiming they did not sell because Microsoft infringed on their patent.

    4. Re:$500 instead of $90 for MS Word? by Mr.+DOS · · Score: 1

      I believe the ruling only affects Word 2007, not previous versions. Even for Word 2007, though, 610,000 is an awfully small number.

            --- Mr. DOS

    5. Re:$500 instead of $90 for MS Word? by gbjbaanb · · Score: 1

      I guess that they think the price difference would be for those companies who would otherwise have bought the customXML addon instead of having it bundled. Most consumers would not use the feature anway, let alone buy it. So the extra price is entirely down to those corporate customers who would have shelled out for the extra feature.

      Personally, I think that's a very small number. If the addon was bundled with Office Premium Plus Extra Ultimate edition, then a lot of corporates buy it regardless. I know we had to buy the next version up becuase we wanted InfoPath (no, I don't think we actually used it in anger).

  4. Re:Say goodbye for XML by Anonymous Coward · · Score: 5, Informative

    You are wrong. The lawsuit and patent are very narrow and only affect an obscure feature of Microsoft Word that is used by a very small percentage of users. They do not have anything to do with the Office Open XML file format (otherwise this suit wouldn't just be Microsoft Word, it would be all the apps).

  5. Re:Say goodbye for XML by PeterBrett · · Score: 4, Informative

    i4i's patent is basically XML (yes it really is, read the patent claims).

    I think you're wrong. From the coverage I've read, it's a method of processing and manipulating XML documents, and they designed an piece of XML editing software around it which they showed to Microsoft and Microsoft then stole the ideas from.

    It does not predate XML, and has nothing to do with XML-based standards. For instance, i4i have stated that they do not believe OpenOffice.org, KOffice, Symphony etc. infringe their patent.

    I'm sure some kind person will come along and back me up on this one.

  6. Re:Say goodbye for XML by Anonymous Coward · · Score: 3, Interesting
    Say goodbye for XML?! Why? Can't XML speak for itself?

    Your post is a load of horseshit and furthers my fears that you're a Microsoft shill (your bing posts are borderline brilliant).

    This is stupid because Microsoft was moving here to open XML standards from their propriety .doc format. It's a common thing to blame MS for their locked in, own formats since Open Office and others couldn't open them.

    What's your point? That since they're being attacked by a patent troll I should forgive them for everything fucking stupid and backward they've done?

    i4i's patent is basically XML (yes it really is, read the patent claims [uspto.gov]).

    Your expertise as a patent examiner is priceless to me. As is your extreme simplification of something you know nothing about.

  7. Missing option. . . by JSBiff · · Score: 2, Interesting

    "Microsoft must now pay $290M and either stop selling Word (and probably Office) by January 11, or somehow work around the patent by that date."

    They could, you know, settle with i4i and license the patent from them?

    Don't get me wrong, I'm not saying I think i4i's patent is legitimate (I'm not really very familiar with this case - somehow missed it before this, will need to study up on it more later). I'm just saying, the list of options seems to leave out one pretty big possibility.

    1. Re:Missing option. . . by Anonymous Coward · · Score: 0

      If you've already got the judgment in hand, why settle for less?

    2. Re:Missing option. . . by JSBiff · · Score: 1

      Because the $290M only covers past 'infringements'. i4i would settle with Microsoft in order to get a royalty on all future sales of Word. Trust me, if Microsoft doesn't think they can prevail at the SCOTUS, they *will* settle with i4i instead of not selling Word any longer (even if it's just to buy them time to work around the patent, unless they already have a new version of Word ready to launch which has such a work-around).

      i4i will settle with Microsoft, if Microsoft offers them enough cash, because any money they get from the settlement will be *in addition* to the already awarded amount.

    3. Re:Missing option. . . by Orion+Blastar · · Score: 0, Troll

      Actually if Microsoft just bought out the i4i company like it did Hotmail and others, it would then own those patents. Then they would pay the $290M to themselves, raid the i4i company for key personnel, IP, and other patents and source code, and then close it down after sucking all of the marrow out of i4i's bones.

      Corporate Cannibalism is the word I would use to call that.

      --
      Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
    4. Re:Missing option. . . by John+Hasler · · Score: 2, Insightful

      > Actually if Microsoft just bought out the i4i company like it did Hotmail
      > and others, it would then own those patents.

      The shareholders would have to be willing to sell at a price Microsoft was willing to pay. My guess is that an offer was made and refused.

      > Corporate Cannibalism is the word I would use to call that.

      You, of course. would never sell your company for any amount of money.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    5. Re:Missing option. . . by IIRCAFAIKIANAL · · Score: 1
      --
      Robots are everywhere, and they eat old people's medicine for fuel.
    6. Re:Missing option. . . by Anonymous Coward · · Score: 0

      Settlements typically do not pay the entire judgment; that is the nature of settlements.

    7. Re:Missing option. . . by Orion+Blastar · · Score: 1

      > You, of course. would never sell your company for any amount of money.

      When I did run a small business I was made offers for them. But I never sold them. So yes in answer to your question I would never sell my company for any amount of money. If I do, then I lose creative control of it, and it won't be managed or work the same way as it worked when I owned it.

      >The shareholders would have to be willing to sell at a price Microsoft was willing to pay. My guess is that an offer was made and refused.

      If the offered price was under $290M I can see why, they already got $290M in the lawsuit settlement if Microsoft does not change their code to avoid the patent infringement. But if Microsoft offers them $5 Billion, what then? Would Microsoft have that sort of money to buy them out? Will they buy them out this way?

      --
      Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
    8. Re:Missing option. . . by lymond01 · · Score: 1

      They could, you know, settle with i4i and license the patent from them?

      I think the reason they're in court is because Microsoft wouldn't settle (or i4i wouldn't accept Microsoft's terms).

    9. Re:Missing option. . . by shutdown+-p+now · · Score: 1

      They could, you know, settle with i4i and license the patent from them?

      That's assuming i4i is willing to license it. There's no obligation for them to do so, and they seem to hold a specific grudge, so...

    10. Re:Missing option. . . by MtViewGuy · · Score: 1

      Or given MIcrosoft's big cash reserve, just buy out i4i for US$400 million.

      Another possibility is that Microsoft could do an accelerated beta test for Word 2010 and by early February 2010 offer Office 2007 with Word 2010 instead of Word 2007.

    11. Re:Missing option. . . by Orion+Blastar · · Score: 1

      Only if the people who hold the private stock sells it, or the company does an IPO and then Microsoft buys out a majority of it. With all of this publicity and free press, there might even be people who want to invest in i4i that they might want to do an IPO anyway to gather up more money to fight Microsoft with. If so, it would be a wild ride like when Google went public.

      --
      Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
  8. Re:Say goodbye for XML by Greg+Hullender · · Score: 2, Informative
    Actually it seems even broader than XML.

    From the abstract of TFP:

    "A system and method for the separate manipulation of the architecture and content of a document, particularly for data representation and transformations. The system, for use by computer software developers, removes dependency on document encoding technology. A map of metacodes found in the document is produced and provided and stored separately from the document. The map indicates the location and addresses of metacodes in the document. The system allows of multiple views of the same content, the ability to work solely on structure and solely on content, storage efficiency of multiple versions and efficiency of operation."

    --Greg

  9. Re:Say goodbye for XML by Anonymous Coward · · Score: 0

    World of Warcraft uses XML for it's UI

    http://www.wowwiki.com/XML_user_interface

  10. Love it by microbox · · Score: 4, Insightful

    Power structures serve the powerful first. Microsoft wants the patent regime, but it doesn't want situations like this. When the powerful get shafted, then we can expect patent reform.

    --

    Like all pain, suffering is a signal that something isn't right
    1. Re:Love it by Anonymous Coward · · Score: 0

      Or when RIM were in trouble over a patent involved a "mobile device that can recieve pushed data updates" - guess what, as the US government would have been crippled if RIM went belly-up or had to stop supplying handsets, RIM managed to keep on trading and had no problem squashing the patent owner.

      MS will be the same, but I do think patent wars are liken nuclear MAD - everyone of the large companies have enough patents on each other that suing would spell the death of one or the other - eg SCO, Novel and MS.
      When it breaks down is when a rogue company also has a nuke - sorry, patent on one of the big players. 8)

      Software patents are stifling interoperability, innovation and are simply being used as a tool to kill competition.

    2. Re:Love it by Anonymous Coward · · Score: 0

      Microsoft wants the patent regime

      Are you sure about this? Microsoft wants the copyright regime, to prevent illicit use of their actual products, but I'd bet they'd love to see patents go away entirely.

      Large companies like Microsoft have the resources to compete without any help from the government. Without patents, they could cut their R&D budget to nothing, significantly reduce their legal budget and just copy everything in the market that's successful. That doesn't differ too much from the situation today, since they already copy everything in the market that's successful, but the R&D and legal savings would be huge since they wouldn't have to build a defensive patent portfolio and wouldn't have any patent litigation to worry about.

    3. Re:Love it by Anonymous Coward · · Score: 0

      yeah such as a huge barrier to entry for applying for a patent (ie, paperwork only a very large bureaucracy that would exist in a large company could only process, added "fees" that only a fortune 500 company could afford, etc)

      Yeah you bet they will apply for a change. It will not only stop patent sharks, but those lowlife scumbags with their scary ideas from being able to profit from them, and make it easier for these companies to steal them.

      Of course that's when people attack with prior art, if that doesn't get abolished.

      Bad enough that many of these huge companies are trying to slowly erode our work rights away.

  11. What happened then? Well in Redmond they say... by Anonymous Coward · · Score: 5, Funny

    that i4i's stock price grew THREE sizes that day.

    1. Re:What happened then? Well in Redmond they say... by sconeu · · Score: 3, Funny

      And gave it the strengh of Ten Trolls... Plus Two!

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    2. Re:What happened then? Well in Redmond they say... by Anonymous Coward · · Score: 0

      +1 Internet for Grinch reference at the appropriate time of the season. You made me laugh out loud. Thanks!

  12. Obvious solution by Brett+Buck · · Score: 1

    Something doesn't add up here. Why is i4i not simply willing to license the rights to use the patent to MS (for an exorbitant fee). Why ask for it to be removed? Seems like a license to print money.

    1. Re:Obvious solution by FlyingBishop · · Score: 1

      The patent isn't actually as broad as it's made out to be. It isn't worth licensing. Nothing to see here, move along.

    2. Re:Obvious solution by reebmmm · · Score: 4, Interesting

      Well, on the one hand, the patent gives i4i the right to exclude others from practicing the claimed invention. The court has already told MS that Word is infringing, therefore selling Word would violate the patent rights. MS could simply removing the infringing feature and it could continue selling Word. MS is in control of this aspect.

      On the other hand, at the moment, i4i has very little incentive to offer MS any sort of license. i4i won at the lower court and on appeal. Plus, I believe the story goes that they approached MS and MS sent them away and then went ahead and implemented it anyway. They will be able to demand infringement-sized royalties the closer it gets to January 11.

    3. Re:Obvious solution by PeterBrett · · Score: 5, Informative

      Something doesn't add up here. Why is i4i not simply willing to license the rights to use the patent to MS (for an exorbitant fee). Why ask for it to be removed? Seems like a license to print money.

      If you read about the issue in more detail, you'll discover that i4i tried for several years to get MS to pay for a patent license, and MS stalled and delayed and equivocated about it. The lawsuit was a last resort, and AFAICT the damages are so high as a punitive measure. In theory, MS shouldn't be able to get away with ripping people off just because they're the big kid in town.

      But yes, I'm sure i4i could have done things in a better way -- they're not completely free from blame for this mess.

    4. Re:Obvious solution by acecamaro666 · · Score: 1

      MS offered X. i4i wants Y. X is less than Y.

    5. Re:Obvious solution by Anonymous Coward · · Score: 4, Funny

      It's an i 4 an i.

    6. Re:Obvious solution by Anonymous Coward · · Score: 0

      What exactly is the non-obvious part of the patent in this? I mean, what can be non-obvious about opening a document and saving it to a file...along with... you know...the information about the document...in maybe some standard way? I mean, how can this be non-obvious? (ie: patent-able?).

    7. Re:Obvious solution by LordAndrewSama · · Score: 1

      you make it sound so... reasonable.

      I think i4i left the bargaining table when ballmer started chanting "money money money money money money" and wouldn't quit it, making them all feel a little uncomfortable.

  13. Re:Say goodbye for XML by toadlife · · Score: 2, Interesting

    They're not a patent troll in that way that they did actually come up with the same system before everyone else......i4i was silent for years, everyone started using XML

    Sounds like a patent troll to me.

    --
    I don't always use unix-like operating systems; but when I do, I prefer FreeBSD.
  14. Re:Say goodbye for XML by Maxo-Texas · · Score: 5, Funny

    I'm personally shocked, because microsoft doesn't have a reputation of working with smaller companies, failing to close a contract, and then releasing their own very similar products.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  15. Re:Say goodbye for XML by toejam13 · · Score: 4, Interesting

    Briefly reading over the patent in question, I'm curious how this patient was granted given that it resembles IBM's Generalized Markup Language (GML) from the 1960s and the Standard Generalized Markup Language (SGML) standardized by the ISO in 1986.

  16. Re:Say goodbye for XML by digitalunity · · Score: 1

    Just for good measure, I still refuse to use XML in any application I design. I have no intentions of changing that any time soon either.

    --
    You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
  17. Office "open" XML by l2718 · · Score: 4, Informative

    I assume you know that OOXML is a proprietary MS format couched in the clothing of an international standard? That it was only approved by ISO after MS manipulated the procedures, bribed partners to stack committees, and completely destroyed the technical committee? Where MS is now abusing the "correction of drafting errors" mechanism to make material changes to the standard so that it continuously conforms to the behaviour of MS's proprietary software (including reversing changes specifically made by the ISO committee!) -- instead of having their software conform to the so-called "standard". This is not to say I support software patents, especially on trivial ideas like a specific format for embedding proprietary data in an XML file (what i4i has "invented"). However, you should not fall for the MS "openness" scam. Just because it's XML doesn't mean it's not Microsoft.

    1. Re:Office "open" XML by al3 · · Score: 5, Funny

      I like to think of it as "open" as in 'you need MS-Word to "open" the file'.

    2. Re:Office "open" XML by Dr_Barnowl · · Score: 1

      I like to prepend the initial for Microsoft and make it "MOO-XML". Memorable.

    3. Re:Office "open" XML by spinkham · · Score: 1

      On the other hand, ODF is a proprietary SUN standard couched in the clothing of an international standard.
      Yes, ODF does seem to be somewhat less baroque and better documented then OOXML, but they are in fact both formats created for a particular piece of software which has been extracted for wider use.

      --
      Blessed are the pessimists, for they have made backups.
    4. Re:Office "open" XML by TrancePhreak · · Score: 2, Insightful

      Or you can just use Word Viewer.... http://support.microsoft.com/kb/891090

      --

      -]Phreak Out[-
    5. Re:Office "open" XML by alfielee · · Score: 0, Troll

      Not only that but M$ held up proceedings by dumping truckloads of irrelevant information that required the original committee thousands of hours wasting time checking the irrelevance. They are dirty, scummy & Stevie-babee (I'm gonna f^%king kill Google), is the top of the pile.

    6. Re:Office "open" XML by Insanity+Defense · · Score: 1

      Or you can just use Word Viewer..

      On Linux? How about on non x86 Linux?

      It isn't much of a document standard when only one company actually supports it with a product.

    7. Re:Office "open" XML by Insanity+Defense · · Score: 1

      On the other hand, ODF is a proprietary SUN standard couched in the clothing of an international standard. Yes, ODF does seem to be somewhat less baroque and better documented then OOXML, but they are in fact both formats created for a particular piece of software which has been extracted for wider use.

      ODF a standard which unlike OOXML is used by a number of competing products.

      In other words one actually used and useful for the purpose the standard was created, unlike OOXML.

    8. Re:Office "open" XML by earlymon · · Score: 1

      Ditto for OS X.

      --
      Pathological kinda promises Path + Logical - but instead, you get stuck with pathetic.
  18. Nuclear warfare != patent reform by microbox · · Score: 2, Insightful

    The powerful (business leaders/politicians) cannot make nuclear bombs go away by changing the laws of nuclear warfare. On the other hand, if a coalitions of large IT companies decided to lobby for patent reform, then will probably get whatever laws they want.

    --

    Like all pain, suffering is a signal that something isn't right
    1. Re:Nuclear warfare != patent reform by Grishnakh · · Score: 1

      Yep, the laws are basically the product of whatever well-heeled lobbyists want. The problem is that these big companies are stupid, and still cling to the idea that being able to patent anything will allow them to build up giant patent portfolios they can use to lock out any smaller competitors, and it simply doesn't work with patent trolls because they don't make anything and thus don't infringe on anything.

    2. Re:Nuclear warfare != patent reform by Anonymous Coward · · Score: 0

      True, but here we have a case of a non-patent troll using patents to protect their business. They have M$ by the short and curlies. If the perceived costs outweigh the perceived benefits, then there will be new laws.

  19. Re:Say goodbye for XML by Anonymous Coward · · Score: 4, Funny

    World of Warcraft uses XML for it's UI

    http://www.wowwiki.com/XML_user_interface

    Well thank you for pointing that out. Now we know and can proceed to retrieve monetary losses from the only two applications in the history of computing to use the XML format.

    Sincerely,

    John Phillips Suesalot
    CEO of i4i

  20. Hear that sound? by MosesJones · · Score: 4, Interesting

    Its the sound of the patent system beginning to crash down. RIght now there are two choices

    1) Take the fundamentally broken US system and roll it out across the world
    2) Take the rest of the worlds approach that software can't be patented and roll it out to the UK

    The scary thing is that even with judgements like this and the patent trolls out there we are actually seeing the likes of Microsoft push for option 1.

    Patents will be the death of innovation if the system continues in this way, particularly if the US judgements are assessed at insane levels of cost. If Microsoft had known about this patent when starting the development they'd have bought the company for less than this judgement.

    --
    An Eye for an Eye will make the whole world blind - Gandhi
    1. Re:Hear that sound? by reebmmm · · Score: 1

      Patents will be the death of innovation if the system continues in this way, particularly if the US judgements are assessed at insane levels of cost. If Microsoft had known about this patent when starting the development they'd have bought the company for less than this judgement.

      Uh, they did know: http://blog.seattlepi.com/microsoft/archives/178682.asp

      Back in 2001, two companies now locked in a nasty legal battle were working together to develop software for the U.S. government. Microsoft Corp. needed a third-party developer, i4i Inc., to incorporate custom XML functionality into Word.

    2. Re:Hear that sound? by shalla · · Score: 1

      The scary thing is that even with judgements like this and the patent trolls out there we are actually seeing the likes of Microsoft push for option 1.

      Patents will be the death of innovation if the system continues in this way, particularly if the US judgements are assessed at insane levels of cost. If Microsoft had known about this patent when starting the development they'd have bought the company for less than this judgement.

      This is exactly the wrong case to use for the argument of a broken patent system, I think, primarily because Microsoft DID know about the patent and deliberately ripped the feature off with the intent to crush the company's product out of the competition. In fact, if I recall correctly, they worked with i4i, visited with them, and were pretty blatant about the whole thing.

      So while I often think that the patent system has a LOT of problems (a LOT a lot of problems), this particular case is one where Microsoft is getting what they deserve, in my opinion. i4i isn't a patent troll... Microsoft pretty much came along, took what they wanted, and expected their size and superior market share to protect them. That's not good enough.

    3. Re:Hear that sound? by BooRolla · · Score: 1

      Your signature is quite astute - especially so for this topic since it basically sums up your post :)

    4. Re:Hear that sound? by elrous0 · · Score: 1

      This is true. But you're going to get about a dozen replies from MS-bashers who are going to argue that, in this one particular case, patent-trolling is okay (because it hurts MS). These same guys will then promptly scream bloody murder if the same company sues Apple or an OSS developer for patent infringement.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    5. Re:Hear that sound? by Anonymous Coward · · Score: 0

      Did you read any of the replies that point out that it wasn't actually a patent troll? I have a big problem with people buying up patents and saving them to be used against companies at a later date for money, or with people patenting really broad, obvious things and then just sitting there, waiting for others to use them. Neither is the case here.

      Microsoft went looking for ideas, knowingly stole a patented one from i4i, and planned to then use that idea in their own product to drive i4i out of business. When i4i discovered Microsoft, who actually had been working with them at times, had ripped off their feature, they attempted multiple times to get Microsoft to license the feature. Microsoft ignored that and kept using a feature they knew was patented and that they had deliberately lifted from i4i. So yes, i4i took them to court.

      That's not patent trolling. They had something they felt they legitimately developed, that another company came along and after looking around at several options specifically chose to rip off, which was patented at the time the second company chose to do so. When the developing company discovered it, they didn't go, "Bonanza!" they tried to reach out and have the second company license the feature. Only after repeated rebuffs did the developing company take the infringing company to court.

      I don't care what companies are involved. In that scenario, the second company is at fault. In this case, it's Microsoft.

      So before you go posted BS about how people will think this case is okay because they're Microsoft-bashers, maybe you should actually become familiar with the case and read the replies and see why other people might think it's a fair deal. I don't care if it's MS, Apple, or Li'l Bob's Bait Shop in this scenario--if you look around for good ideas, you find one, you walk in looking to steal a patented feature, you do it, and you then ignore offers to license it, you deserve the kick in the nuts the court gives you.

    6. Re:Hear that sound? by Anonymous Coward · · Score: 0

      Its the sound of the patent system beginning to crash down. RIght now there are two choices

      1) Take the fundamentally broken US system and roll it out across the world
      2) Take the rest of the worlds approach that software can't be patented and roll it out to the UK

      The scary thing is that even with judgements like this and the patent trolls out there we are actually seeing the likes of Microsoft push for option 1.

      Patents will be the death of innovation if the system continues in this way, particularly if the US judgements are assessed at insane levels of cost. If Microsoft had known about this patent when starting the development they'd have bought the company for less than this judgement.

      3) Alter the IP patent system so that it more closely reflects the physcial patent process. ie. you can't just say "I'm patenting this" you either have to submit a working "device" (executable code) or "blueprints" (source code), and any significant change is not covered, just like in the "real" world.

    7. Re:Hear that sound? by Anonymous Coward · · Score: 0

      patent trolls, by definition, do not use the patents they hold to do useful things. i4i does. Ergo, not a patent troll.

      This is in contrast to your typical patent troll which exists as a corporation only to hold and prosecute patents and produces nothing useful.

    8. Re:Hear that sound? by Anonymous Coward · · Score: 0

      Ah yes! Another slashdork acting like a mere 300mil is going to bring society to a halt. Or Microsoft. Or Bill Gates for that matter.

      I seriously have never seen more delusional people in my life. You're not insightful at all.

    9. Re:Hear that sound? by elrous0 · · Score: 1

      Why do I have a funny feeling that the reason that you and the other respondent in this thread are posting as anonymous cowards because you don't want me to go back and see your long history of bashing MS, or see an equally long history of disparaging patent troll cases against everyone else but them?

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
  21. Jurisdiction? by shentino · · Score: 1

    If it is a canadian company doing business in the US then I guess that's ok.

    1. Re:Jurisdiction? by gstoddart · · Score: 1

      If it is a canadian company doing business in the US then I guess that's ok.

      TFA clearly states that this was a US appeals court which upheld the judgement. Sadly, this company is playing within the US court rules -- don't blame the rest of us up here in Canada.

      I can't for the life of me figure out how someone seems to have gotten a patent on XML that they've not been slamming the rest of the industry with.

      Cheers

      --
      Lost at C:>. Found at C.
    2. Re:Jurisdiction? by PeterBrett · · Score: 1

      I can't for the life of me figure out how someone seems to have gotten a patent on XML that they've not been slamming the rest of the industry with.

      They didn't. It's not a patent on XML -- it's a patent on a specific way of manipulating and processing structured data like XML. Most people don't use it (i4i have stated that they do not believe OpenOffice.org or KOffice are infringing, when they were asked). Microsoft do, and refused to pay for a patent license.

      Microsoft are lieing in a bed they made for themselves, and no-one else need worry.

  22. Re:Say goodbye for XML by ByOhTek · · Score: 2, Insightful

    If the do that, could this kill the atrocity that is XML? One can only hope.

    Seriously - for formatting data, it's overly complex. For storing and transmitting data, plain old config files are easier to read AND easier to parse...

    What actual purpose does XML serve?

    --
    Self proclaimed typo king, and inventor of the bear destroying coffee table (patent not pending).
  23. Re:Say goodbye for XML by Monkeedude1212 · · Score: 4, Informative

    It's not going to disappear. i4i has said that certain applications that use XML (Such as Open Office) Do not infringe on their patent. Which means they didn't patent XML, they patented something to do with XML. Which Microsoft used, others do not. Thats why Microsoft is feeling the weight of this and not anyone else.

    Since XML was started in '96 by the W3C, and i4i's patent was filed in '98, i4i does not own any of the rights to XML like you are saying.

    Yes - Lots of places use XML. However, the chances of it disappearing are even less than the chances of HTML disappearing.

  24. Re:Say goodbye for XML by Anonymous Coward · · Score: 0

    sopssa, you don't know shit. Try de-shilling and read up all the claims and exhibits - MS knew about this, and it was deliberate.

    Then again, I know you won't stop being a MS shill, so fuck you.

  25. Re:Say goodbye for XML by Anonymous Coward · · Score: 0

    because the people who run the patent office are fucking morons.

    fitting captcha: extort

  26. Re:Say goodbye for XML by jgtg32a · · Score: 3, Insightful

    When has prior work ever stopped a patent from being issued?

  27. Re:Say goodbye for XML by ByOhTek · · Score: 1

    That would cover ColdFusion wouldn't it?

    --
    Self proclaimed typo king, and inventor of the bear destroying coffee table (patent not pending).
  28. Re:Say goodbye for XML by DrugCheese · · Score: 2, Insightful

    Amen to parent. I've never quite understood what good XML brought us.

    --
    *DrugCheese rants*
  29. Re:Say goodbye for XML by jim_v2000 · · Score: 2, Insightful

    What feature?

    --
    Don't take life so seriously. No one makes it out alive.
  30. i4i ... by Anonymous Coward · · Score: 5, Funny

    ... and Microsoft goes blind

  31. Re:Say goodbye for XML by Greg+Hullender · · Score: 2, Informative
    The patent cites SGML as prior art. The difference is that, with SGML (supposedly) the meaning of the codes is defined in the standard. By analogy with programming langauges, the tags are constants, not variables. The claim is (far as I can tell) for the idea of letting the tags be variables, whose meanings reside in separate lookup table.

    It seems to me, though, that this covers the use of XML schemas -- at least, if they're constructed under program control.

    --Greg

  32. Re:Say goodbye for XML by sopssa · · Score: 2, Informative

    No they are not very narrow.

    In the meantime, a company which was issued a patent in 1998 for the idea of maintaining a document's format in a separate file, has been awarded $200 million to a Toronto-based collaborative software firm, whose engineers claim they had the idea first. The case made by i4i Limited Partnership in its March 2007 suit essentially boiled down to the allegation that the entire move toward XML by Microsoft was a willfully executed strategy against i4i.

    In 1994, just as HTML was first being investigated elsewhere as a vehicle for networked hypertext, i4i Ltd. applied for its US patent. For the time, its concept was novel as any notion of XML would be years away, and the applications for which XML would be used had yet to be envisioned.

    "Electronic documents retain the key idea of binding the structure of the material with its content through the use of formatting information," reads the 1994 patent's background. "The formatting information in this case is in the form of codes inserted into the text stream. This invention addresses the ideas of structure and content in a new light to provide more flexible and efficient document storage and manipulation."

    Did i4i create XML? Not specifically, though it did receive a patent for one of its principal ideas, years before the W3C began to come to the same conclusions. However, despite being what many observers at the time considered late to the game in adopting XML, it is Microsoft that ended up the loser in what some analysts are saying could be among the top five willful patent infringement awards in US history. The company has made clear it will appeal the jury's verdict.

  33. Re:Say goodbye for XML by hebcb · · Score: 1

    From the patent: "The meaning of 'kword' is up to the interpreter. SGML specifies rules for insertion of tags into the content stream and how tags are to be differentiated from the content." They discuss how SMGL allows the interpreter to determine the semantics of "kword" so clearly (IMO) they acknowledge the pre-existance of the idea of separation of expression of "architecture" from the expression of content. I didn't get all the way through the application so I don't know the specifics of the manipulation they are staking claim to but by my interpretation, there is no danger to XML since XML is a direct descendant of SGML.

  34. Re:Say goodbye for XML by Greg+Hullender · · Score: 2, Funny
    I thought it was a shirt-size meaning one-size-fits-all.

    --Greg :-)

  35. Re:Say goodbye for XML by Anonymous Coward · · Score: 0

    Sounds like Tex and LaTeX to me...

  36. Re:Say goodbye for XML by Pinky's+Brain · · Score: 1

    It's sort of like a binary form of XML with the tags stored separately ... so not really "normal" XML.

    Still far too general and trivial to allow to be patented, once you parse "normal" XML the in memory representation will almost certainly infringe on this patent for instance (a tree structure for the markup with content stored separately is the natural implementation).

  37. Re:Say goodbye for XML by Anonymous Coward · · Score: 0

    Considering SGML was 1986, you might want to think about what you're saying.

  38. Re:Say goodbye for XML by odourpreventer · · Score: 2, Informative

    What actual purpose does XML serve?

    For me, it makes data semantic-free so that it can be passed between systems, and changes on the transmitting end don't fuck up the receiving end. Plus, it's readable.

  39. Re:Say goodbye for XML by sabre86 · · Score: 1

    And doesn't any SGML or XML type language bear a strong semblance to Lisp S-expressions?

  40. Re:Say goodbye for XML by Anonymous Coward · · Score: 0

    I'm surprised you were modded "Informative" for your assumption without any facts.

  41. Re:Say goodbye for XML by Anonymous Coward · · Score: 0

    Enjoy your new home in the dinosaur graveyard.

  42. I am quite torn on this one by downix · · Score: 1

    I tend to believe these patents are often times too broad, but one of the reasons why they've stuck is due to Microsoft pushing for them to be this way. If this sticks, MSFT is looking to be, in effect, shot by their own gun. The irony is not lost on me.

    --
    Karma Whoring for Fun and Profit.
  43. Re:Say goodbye for XML by jsnipy · · Score: 2, Interesting

    Yes, just change .docx to .zip and see the magic.

    --
    -- if you mod me down, I will become more powerful than you can possibly imagine
  44. Re:Say goodbye for XML by gstoddart · · Score: 3, Interesting

    In the meantime, a company which was issued a patent in 1998 for the idea of maintaining a document's format in a separate file

    But, what's astounding to me, is in 1995 I was using SGML as a method of separating the document content from its layout. The layout wasn't kept in a separate file, but there were mechanisms to apply publishing layout to SGML based on rules. That was the whole point of SGML and its predecessor GML.

    Heck, in 1995 Arbor Text had an SGML editor which could apply formatting to SGML documents for the purposes of publishing, and the company I worked for was helping people to install SGML editing and layout systems.

    I'm not 100% convinced that these actually represent novel claims. They may not have been described in terms of XML, but the state of the art with SGML sure as hell was doing the whole "maintaining a document's format in a separate file" before this.

    Can anyone who understands this a little more identify what specifically is required to infringe on this patent?

    Cheers

    --
    Lost at C:>. Found at C.
  45. In Related News by Greg+Hullender · · Score: 3, Funny
    The Microsoft suit with 2th-4-2th seems to be going about the same way.

    --Greg :-)

  46. RTFP by Ukab+the+Great · · Score: 5, Informative

    The patent in question.. Decide for yourselves.

    1. Re:RTFP by NevarMore · · Score: 3, Insightful

      No I pay taxes so that the courts can take care of these things instead of the masses.

    2. Re:RTFP by Melted_Igloo · · Score: 1

      Thats the dumbest patent Ive ever seen Its basically formating a document with pointers or some database-type garbage, who in their right mind would ever use it

    3. Re:RTFP by Rockoon · · Score: 1

      There are efficiency gains to be had by separating the content from the formatting information, which is basically what is patented here.

      That does not mean that I agree that this patent is valid. Its fucking obvious, and there is probably plenty of prior art. The courts have decided, however, that since Microsoft originally sought out and formed a partnership with I4I for this very functionality... that it must be more novel than it actually is.

      --
      "His name was James Damore."
    4. Re:RTFP by shutdown+-p+now · · Score: 1

      No I pay taxes so that the courts can take care of these things instead of the masses.

      If you must be absolutely sure that something is done right, there's no other way but to do it yourself.

    5. Re:RTFP by thechao · · Score: 1

      Just read through the patent. (1) The writing is quite clear and understandable -- kudos; (2) the patent is obvious to any member of the field. I cannot believe that any software engineer/equivalent-expert could sit in front of a court and claim that it is not obvious without perjuring themselves. Literally, all this patent does is separate the "control" codes from the "content", where the control codes include indirection information. Even in school when we had to encode data with metadata, this is one of the techniques we used (the other is markup).

    6. Re:RTFP by MWoody · · Score: 1

      But was it "fucking obvious" in 1998?

    7. Re:RTFP by Rockoon · · Score: 1

      It was fucking obvious in the 50's

      --
      "His name was James Damore."
  47. Re:Say goodbye for XML by abigor · · Score: 5, Informative

    The case involves the algorithms MS uses to open and display what they call "custom XML". It does not involve a patent on XML itself, and only affects Office 2003 and 2007, not 2010. Stop being so hysterical.

  48. Re:Say goodbye for XML by boxxertrumps · · Score: 4, Informative

    I'm sure you both don't quite understand XML then. It's about data being accessible in a tree instead of a grid. It has similar benefits to using OO programming over procedural^w^w^w^w^w^w^w^w similar benefits to using highways instead of small streets to travel long distances.

  49. Re:Say goodbye for XML by dissy · · Score: 2, Interesting

    I'm curious how this patient was granted given that it resembles IBM's Generalized Markup Language (GML) from the 1960s and the Standard Generalized Markup Language (SGML) standardized by the ISO in 1986.

    To answer your curiosity, it is because existing prior art is not involved with the granting of a patent.
    In other words, it doesn't matter if prior art exists or not, in order to get a patent approved.

    Prior art is only used as a defense when being challenged by a patent holder.

    So if it truly does count as prior art, it is fully up to Microsoft to present it at the patent case to get the patent thrown out.
    That can't happen until after Microsoft is sued for patent violation, which in turn can't happen until someone files for a patent on it.

    Since both of those items have come to pass, the question now is, why didn't Microsoft use that as prior art to halt the trial?

    The two options that come to mind are
    a) They didn't know about it, or
    b) they did and tried, but the judge said it was not valid as prior art.

    On one hand, being Microsoft I would be shocked if A was the case.
    However, on the other hand, being Microsoft it is not too shocking.

  50. Re:Say goodbye for XML by sopssa · · Score: 1

    XML is pain in the ass anyway, and I hate every time I have to use it. The format is way too complex to do little things and its processing takes way too much resources compared to the usual binary formats.

  51. Writ of Certiorari by whisper_jeff · · Score: 1

    I'm not a lawyer so I don't know what a "writ of certiorari" is - is that a "we're too special to follow the law so please allow us to break it"?

    (Yes, yes, I'm going to google it (not Bing! it...) to find out what it really is but I want to make a point before I go...)

    1. Re:Writ of Certiorari by GTarrant · · Score: 2, Informative

      A writ of certiorari is a request from a higher court to a lower one informing it that it wants to review the case at hand, and that all records and transcripts from the trial should be sent from the lower court to the higher one.

      Filing a request for writ of certiorari with the US Supreme Court is in essence a fancy way of saying "We're attempting to appeal to the US Supreme Court". There is, of course, no guarantee that the Court would take the case, the success on petitions for certiorari is something on the order of 1%.

  52. Bilski and the OIN by Anonymous Coward · · Score: 0

    Go over to groklaw and look up Microsoft's amici brief in Bilski and you will see MS argue for software patents.

    As for patent trolling, there was the incident where MS tried to sell 22 antiLinux patents to patent trolls only to have them intercepted by the OIN.
    Oh and TomTom.

    I think they feel that if all else fails they can kill linux using patents.

  53. 1969 Prior Art? by Anonymous Coward · · Score: 0

    http://en.wikipedia.org/wiki/IBM_Generalized_Markup_Language

    "GML frees document creators from specific document formatting concerns such as font specification, line spacing, and page layout required by SCRIPT/VS. Using GML, a document is marked up with tags that define what the text is, in terms of paragraphs, headers, lists, tables, and so forth."

    Twenty-five freaking years before i4i's application!

    Generalized markup is based on two novel postulates:
    1)Markup should describe a document's structure and other attributes, rather than specify the processing to be performed on it, as descriptive markup need be done only once, and will suffice for future processing.
    2)Markup should be rigorous so that the techniques available for processing rigorously-defined objects like programs and data bases, can be used for processing documents as well.

    Since XML is actually definable in a profile of SGML, I wonder why Microsoft didn't just license from IBM (with whom they have a massive cross-licensing agreement) the old IBM patents and claim *that's* what they were using.

    1. Re:1969 Prior Art? by guru+zim · · Score: 1

      Surely someone in the EDI world was doing something close enough to this patent in order for it to be prior art. I'm not a lawyer, but EDI is old and exchanging documents with predefined data structures goes way back... Every EDI partner agrees on a standard and a document type before exchanging information. This is the defined structure of the data, stored in a separate document (UCS 5010, etc.) Someone should go down this path and see if it is prior art.

  54. Re:Say goodbye for XML by Anonymous Coward · · Score: 1, Informative

    How much do you get paid by Microsoft for all this shilling/defending you do... seriously. You have quite a history of suck-up to Microsoft going on in just about every post I've read that you posted... you also tend to have a very thick distaste for open source and Linux in general... Steve Ballmer? Is that you?

  55. Re:Say goodbye for XML by Red+Flayer · · Score: 2, Informative

    To answer your curiosity, it is because existing prior art is not involved with the granting of a patent. In other words, it doesn't matter if prior art exists or not, in order to get a patent approved.

    What? The USPTO would beg to differ. You need to declare any prior art you are aware of [duty of disclosure] or the patent can be invalidated for inequitable conduct.

    Furthermore, the patent examiner is *required* to make a search for prior art during the review process.

    Please, if you're going to be a slashdot lawyer (IANAL but I play one on Slashdot), do some quick googling before posting absolutely false tripe like that.

    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  56. Re:Say goodbye for XML by icebraining · · Score: 2, Interesting
  57. Re:Say goodbye for XML by John+Whitley · · Score: 1

    XML gets people who have no business doing serialization and parsing out of that business entirely. Instead, we have schemas (either purely ad-hoc, or formalized) and common libraries to express those needs. Like any computing tool, XML has been used for good, bad, and ugly ends... but it brought the idea of schema-based document format and consistent Document Object Model (DOM) APIs to the forefront of data/document handling. In essence, this is a two-level interface: the document schema (a first-class entity, unlike an ad-hoc data format) and the programming APIs.

    Even if you're no big fan of XML, the good ideas, patterns, anti-patterns, and mindset changes that spread along with it have positively influenced many other useful document technologies: JSON, YAML, the newer binary serialization formats (such as Protocol Buffers, Thrift, and Avro), and more.

  58. Whew! by PPH · · Score: 1

    Thank goodness that all of the apps I've ever been involved with date back from the old days when this was all done with SGML. That stuff is probably all out of patent (if it ever was patented) and into the public domain by now.

    --
    Have gnu, will travel.
  59. Re:Say goodbye for XML by St.Creed · · Score: 4, Interesting

    In 1995 I designed and built (most of) the software for the following CD-ROM:
    "Berg, J. van den, Duijfjes-Vellekoop, G.G.J., Kunenborg, R. & Tenback, R. (1995). Marburger Index Datenbank, ein Wegweiser zur Kunst in Deutschland (CD-ROM). Munchen: K.G. Saur Verlag. " (*)

    It included several internal parsers, including one for a HTML-like language that separated the content of the database from the on-screen expression. Basically, my own miniature implementation of Mozilla.
    It was sold in musea throughout Germany.

    I guess that should count as prior art. I'm pretty sure we could dig up the sourcecode if asked nicely.

    (*) As an aside, I'm still pretty proud of that software. It runs like a charm on anything from windows 3.11 to Vista, will stay stable even with less than 1 KB of free memory (windows crashes before this program does) and we never had to do a bugfix. Written in around 20000 lines of C++. Chalk one up for rigorously applying and checking invariants and pre- and postconditions.

    --
    Therefore, by the (faulty) logic you're using, you're just a cow with a keyboard - osu-neko (2604)
  60. I doubt it by Bacon+Bits · · Score: 1

    I think it's more likely we'll see tort reform, which will probably make it so that only the most wealthy individuals and corporations can risk a lawsuit. Small companies like i4i will then no longer have options. If we're lucky, the tort reform will also affect patent and copyright trolls, but I'm pretty sure whatever they do to fix it will probably increase the durability of IP overall and generally punish everyone else.

    --
    The road to tyranny has always been paved with claims of necessity.
    1. Re:I doubt it by jez9999 · · Score: 1

      I think it's more likely we'll see tort reform, which will probably make it so that only the most wealthy individuals and corporations can risk a lawsuit. Small companies like i4i will then no longer have options.

      This does not bode well for my fledgling new company which is planning to sue Microsoft and Adobe on a number of patented features; tooth4tooth.

  61. Re:Say goodbye for XML by ByOhTek · · Score: 1

    That still doesn't give it an advantage over a config file.

    something=type
    something.foo=a
    something.bar=b ...

    --
    Self proclaimed typo king, and inventor of the bear destroying coffee table (patent not pending).
  62. Re:Say goodbye for XML by jisatsusha · · Score: 1

    That may be true, but there are better options these days, less verbose, easier to parse, etc, like YAML.

  63. Re:Say goodbye for XML by Anonymous Coward · · Score: 0

    JSON does this as well, with less filler and a similar OO construct. Also, XML doesn't provide the tree. The parser does. Any text file can be written with tree form data in mind. It doesn't need a standard to follow.

  64. Re:Say goodbye for XML by ByOhTek · · Score: 1

    OK, I do like DOM, but the only XML I've seen that I've actually not minded, was in the IIS configuration (metabase.xml)...

    It's pretty sad when it's Microsoft that "did it right".

    Then again, maybe it's just because *everyone* uses it for their configuration files, which is really not a place that XML should be used IMHO.

    --
    Self proclaimed typo king, and inventor of the bear destroying coffee table (patent not pending).
  65. Re:Say goodbye for XML by Anonymous Coward · · Score: 0

    I don't have anything against open source or Linux, in fact I use and run them as servers every day. And I think that they're far better for a server than the shit that Windows Servers are. But I'm not a zealot, so I comment according to what I see fit.

    [/offtopic]

  66. Monkey see, monkey...??? by garg0yle · · Score: 1

    Is this the same Microsoft that just said they're all in favour of respecting others' intellectual property rights? To quote, "We respect trademarks and other people's intellectual property, and look forward to the next steps in the judicial process."

    --
    Modding "-1, Troll" is not a proper response if you disagree with me. Try reason.
  67. Re:Say goodbye for XML by John+Whitley · · Score: 1

    For me, it makes data semantic-free so that it can be passed between systems, and changes on the transmitting end don't fuck up the receiving end.

    XML itself doesn't provide this for free. But what it does do is make the schema a first-class entity against which documents can be validated. This change, and the toolchains that followed, made the programmatic interface presented by the document format much more evident to onlookers. Put another way, the schema and the serialization format were no longer entangled. That, in turn, made it a whole heck of a lot easier for developers (and even some technical business types) to comprehend the patterns that allow backwards-compatible format changes.

    Plus, it's readable.

    Before someone flames the parent, XML being notoriously human-unfriendly in some circles, compare XML's readability to that of a random poorly-documented (endian-specific!!) binary format spun off by some dude who left the organization six years ago.

  68. was implemented in IBM Script/VS by Anonymous Coward · · Score: 2, Informative

    The claim is (far as I can tell) for the idea of letting the tags be variables, whose meanings reside in separate lookup table.

    The IBM 1980's-era Document Composition Facility combined their SCRIPT/VS product (http://en.wikipedia.org/wiki/SCRIPT/VS) with their Generalized Markup Language (http://en.wikipedia.org/wiki/IBM_Generalized_Markup_Language) but also allowed the user to create and use their own set of tags (so ... the tags within a document were variables) if they supplied SCRIPT/VS with a lookup table defining the meanings of the tags.

    Either the patent should not have been granted to i4i or i4i's patent claim is something other than what you think it is.

  69. Re:Say goodbye for XML by ByOhTek · · Score: 1

    Most XML I've seen (except, sadly, the IIS metabase.xml) is a significantly bigger pain in the ass to read than a plain old config file - and even the metabase.xml file is moderately more annoying to read. It's not hard to make a config file safely transmittable either.

    --
    Self proclaimed typo king, and inventor of the bear destroying coffee table (patent not pending).
  70. Re:Say goodbye for XML by MightyMartian · · Score: 1

    It's fucking metadata in a markup language for k-rist's sake. The patent is ludicrous, and whether or not the company is a troll, it only goes to show just how retarded the patent system is, and why software patents should immediately be outlawed. It's like me trying to patent CSS.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  71. Re:Say goodbye for XML by MightyMartian · · Score: 2, Insightful

    I despise Microsoft, and wish they'd been broken up and Gates and Ballmer put behind bars for what they've done, but this patent is still absurd. The concepts have been around for forty years. The patent office is full of inept halfwits, and Microsoft's big failing here is that it's too cowardly to finally put its money into wiping out software patents.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  72. Re:Say goodbye for XML by northernfrights · · Score: 1

    You are absolutely correct. And I like your shirt.

  73. Too late... by Anonymous Coward · · Score: 2, Informative

    Microsoft already has a work-around. They've been pushing it to their partners since this morning at least:

    http://oem.microsoft.com/script/contentpage.aspx?pageid=563214

    1. Re:Too late... by MtViewGuy · · Score: 1

      In fact, this workaround has been around for two months!

      My guess right now is that Microsoft could do an "accelerated beta test" of Word 2010 from Office 2010 and could have that available for new-build machine Office 2007 users by early February 2010. So starting in February next year, when you buy a new computer with Office 2007 installed, you'll get every element of Office except Word 2007, which will be replaced by Word 2010.

  74. Re:Say goodbye for XML by emodgod · · Score: 2, Informative

    It's been a while but if I remember the i4i product allows you to author data in MS Word based on a document type definition (DTD). The use of Word to do so is not new. Another small Ottawa Canada based company, Microstar Software, were first to do so with their product called Near & Far Author for Microsoft Word (http://www.encyclopedia.com/doc/1G1-16732008.html). This the same company that brought Near & Far view, a graphical view of SGML DTD, to market. They started working on Author around 1994-1995 time frame. I joined MIcrostar's Research Dept. in late 1995, so I can't say for sure when they started. Matt?

    Author would take an SGML DTD and create a Word template that embodied the grammar defined by the DTD. This template along with a special plug-in would guide the user through the document creation process. The document's validity was verified using James Clark's SP SGML Parser Tool Kit, which was compiled into the plug-in.

    Authoring was part plug-in and part Word Basic, such that when Microsoft switched to VB Script in Word 6, or there about, the product was not ported to the newer version of Word since sales were not as expected and it would have meant investing significant resources, for a small company, to make it compatible with Word 6.

  75. Re:Say goodbye for XML by maxwell+demon · · Score: 1

    Just for good measure, I still refuse to use XML in any application I design. I have no intentions of changing that any time soon either.

    I get you're not planning to write a web browser. :-)

    Yes, XML gets abused a lot. But I think there are applications where it makes sense. Namely those where the content is text with some markup (ever wondered what the "M" in XML stood for? :-))

    --
    The Tao of math: The numbers you can count are not the real numbers.
  76. Re:Say goodbye for XML by amicusNYCL · · Score: 1

    I hate to be the one to break it to you, but XML is the dinosaur.

    "The essence of XML is this: the problem it solves is not hard, and it does not solve the problem well." -- Phil Wadler, POPL 2003

    --
    "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
  77. Microsoft sweating? Hardly. by Narcocide · · Score: 1

    They will just pay the company 360 million to drop the charges.

  78. Re:Say goodbye for XML by Anonymous Coward · · Score: 0

    Would it be too much to hope that Microsoft gets the message that it might be best to say goodbye to software patents (work to invalidize all of them)?

  79. Re:Say goodbye for XML by pky666 · · Score: 1

    Are you serious? What kind of small company actually designs "...software...which they showed to Microsoft..." and doesn't expect

              a) the ideas to be stolen by Microsoft.

              b) be bought out by Microsoft.

              c) be "corporate cannibalized" by Microsoft.

              d) ALL OF THE ABOVE!

  80. Re:Say goodbye for XML by gbjbaanb · · Score: 1

    It has similar benefits to using OO programming over procedural

    you mean bulky abstraction, awkward readability, considerable bloat and generally very very slow.

    They say you should use the right tool for the job, unfortunately XML has become the only tool to use for every job. XML has its place, but only in a fraction of the places its currently used.

  81. Re:Say goodbye for XML by izzev · · Score: 1

    So, what would be the mammal successor to the XML dinosaur?

  82. Re:Say goodbye for XML by bzipitidoo · · Score: 1

    XML suffers from divergent purposes. Is XML supposed to be for markup, as implied by its name, or is it for data serialization? One of the worst parts of XML and HTML is the horrible redundancy required with closing tags. The only purpose of that redundancy was to make it easier for people to read, and it failed at that. Just adds clutter, same as adding "/* end if */" and "/* end loop */" comments to closing braces. Another bad idea was properties inside the tags. Needless complication.

    YAML is way more readable, less bloated, and faster. JSON shares much with YAML. For what you're doing, I'd use YAML instead of XML.

    But bad though XML is, the wistful hope that patents might kill XML is like hoping to escape cancer treatments by dying of a heart attack first. I'm pleased when any user of the patent system is hoist in their own petard, and hope they'll see the light. It would be best to cure the disease. Remove all basis for this trolling of others sweat and blood. It will be a huge step forward if Microsoft could figure out that everyone's interests, including their own, are better served if software could not be patented, and they began lobbying toward that end. I can't see MS ever joining such an effort. Instead, they hope the other guys have heart attacks, and even help them along a little, trying to manipulate their diets. Such a small minded approach to a big problem! Unworthy of a major business, but sadly, we see it all the time. Par for the course with the horrible leadership that infests our corporations.

    --
    Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
  83. Re:Say goodbye for XML by JohnBailey · · Score: 1, Funny

    Would it be too much to hope that Microsoft gets the message that it might be best to say goodbye to software patents (work to invalidize all of them)?

    But.. But.. But... Microsoft PROTECTS intellectual property.. It is obviously protecting i4i's intellectual property from it's self. Biter bit. Not that they are going to learn unless it really damages them.

    --
    It is difficult to get a man to understand something when his job depends on not understanding it.
  84. I know Laugh by jordan_tryon · · Score: 0, Flamebait

    haha this makes me laugh. I hate word and think they should stop selling it. It sucks and I hate going to a school with such a horrible word processor. I prefer my OpenOffice

  85. Re:Say goodbye for XML by digitalunity · · Score: 1

    Indeed. It's probably the most widely misused software concept ever.

    Except for really large complicated programs, I just don't see any reason to use XML files to describe program configurations. It's retarded.

    --
    You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
  86. Re:Say goodbye for XML by seeker_1us · · Score: 1

    From what I have read, this patent is a solution to a very specific problem, one that had been plaguing MS for a long time. MS met with i4i to talk about licensing, then didn't licence it, then (as the court has determined) put the patented solution into MS Word anyway.

    Quite frankly, i don't see the major point here being either prior art or whether or not software patents should exist.

    The main point I see is that MS has been one of the major proponents of software patents, indeed trying to cram them down the rest of the world's throats. When the little guy develops a software patent that they need, do they play by their own rules?

  87. Re:Say goodbye for XML by Rockoon · · Score: 1

    Well the point of XML isnt that its pretty, or efficient...

    The point was to standardize this simple functionality in a generalized manner, and like most generalized standards, it fucking sucks to work.

    You dont bother looking at XML specs when working with XML, because the XML format is the easy part. Its because every application has their own, and fully expects, their own specialized markups. If you MUST read format specs anyways then why not use a format that isnt so fucking general?

    --
    "His name was James Damore."
  88. Re:Say goodbye for XML by Anonymous Coward · · Score: 2, Funny

    a) the ideas to be stolen by Microsoft.

    Profit! ($290M)

    b) be bought out by Microsoft.

    Profit!

    c) be "corporate cannibalized" by Microsoft.

    Profit?

    d) ALL OF THE ABOVE!

    Profit!?

  89. Re:Say goodbye for XML by Anonymous Coward · · Score: 0

    And don't S-expressions bear a strong resemblance to Church's lambda calculus?

  90. Re:Say goodbye for XML by omnichad · · Score: 1

    Bah, it's so broad it probably covers cold fusion!!!

  91. Re:Say goodbye for XML by BeanThere · · Score: 1, Insightful

    Likewise, I also despise Microsoft and their rotten practices stretching back decades, but i4i is a blatent, disgusting patent troll of the worst kind - seriously, it turns my stomach - i4i are the lowest of the lowest bottom-feeding scum of this planet. This is not a real 'invention', it's basically an obvious consequence of XML-based data editing and has doubtless been 're-invented' loads of times ... this patent will have a serious chilling effect on the entire XML software world, and will limit the usefulness and adoption of XML, if it isn't already, while the so-called "inventors" rake in truckloads of cash for their bogus patent. I have more respect for a common street thief than a patent troll, because at least the former isn't pretending to be doing something legitimate.

  92. Re:Say goodbye for XML by Bob-taro · · Score: 1

    They say you should use the right tool for the job, unfortunately XML has become the only tool to use for every job. XML has its place, but only in a fraction of the places its currently used.

    +1 wholeheartedly agree. XML is very flexible, but the flexibility comes at a price. XML is not efficient for "grid" data. Compounding the problem, there are those for whom:

    <row>
    <fieldname1>value1</fieldname1>
    <fieldname2>value2</fieldname2>
    </row>

    isn't inefficient enough, so they insist on a format like:

    <row>
    <field>
    <name>fieldname1</name>
    <value>value1</value>
    </field>
    <field>
    <name>fieldname2</name>
    <value>value2</value>
    </field>
    </row>

    --
    Prov 9:8 Do not rebuke mockers or they will hate you; rebuke the wise and they will love you.
  93. Re:Say goodbye for XML by Lazlo+Woodbine · · Score: 1

    As far as I can remember this was right after 9/11 and the US government needed help to parse a lot of text better. i4i was more or less strong-armed into co-operating with Microsoft for National Security Reasons.

  94. MS Pisses me off..... by HeavyDevelopment · · Score: 1

    It IS a poster case for the upside of patents. It's not as if Microsoft's RD department came up exactly with the same product without a demo of the patented technology beforehand. It's apparent that MS was demo'd the technology, told the small company to piss off in regards to their license, and then reversed engineered it. This isn't the first time this has happened to MS (Java anyone?). This is the type of thing that irritates me the most. I personally feel that the software patent system is flawed, but then MS goes and does s*%t like this and proponents of the flawed system (trolls and patent attorneys) say "See look the big company is squashing the little guy and the system works". No it doesn't most of the time, but in this case it sure did.

    --
    Badges!?! We don't need no stinking badges!
  95. Re:Say goodbye for XML by amicusNYCL · · Score: 1

    The cute and fuzzy JSON. Smaller, faster, lighter.

    --
    "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
  96. Re:Say goodbye for XML by Anonymous Coward · · Score: 0

    No, like the Borgs, they're not working with: they're assimilating.

  97. You must be new here by DrJimbo · · Score: 1

    What exactly is the non-obvious part of the patent in this?

    Let me be the first to welcome you to the United States of America. You can pick up your common sense on the way out. Enjoy your stay.

    --
    We don't see the world as it is, we see it as we are.
    -- Anais Nin
  98. Re:Say goodbye for XML by Anonymous Coward · · Score: 1, Interesting

    I've had patent lawyers tell me specifically to never do web searches for something I am working on, specifically because you are required to disclose any prior art you are aware of. If you aren't aware of the prior work, and your patent is the first patent on that work, it will stand in court.

  99. Re:Say goodbye for XML by RobertM1968 · · Score: 2, Insightful

    In addition, instead of violating someone else's patent (like the last two instances in under two weeks of violating someone's copyrights by stealing code), they could have just hmmm... this is a tough one....

    OH! I remember... they could have just licensed the patent/code/whatever like numerous other companies do in similar situations. So, I dont feel bad about this happening to them. They've done the steal/"borrow" code and ideas thing numerous times in the past...

    My only worry is that they get this overturned because of the "economic harm" or some other nonsense - or run this company out of business with the cost of appeals until a settlement is reached. It's high time they are found guilty of (and punished for) such crimes.

  100. Re:Say goodbye for XML by Anonymous Coward · · Score: 0

    If I remember correctly the full history of this suite, at start office licenced the technology for a very specific product, then they play the we're microsoft card and started using i4i technology within every other products, tramping the first licence. i4i sued, won, ms attaked i4i licence claims and i4i resorted to their patents on that tecnology to fight back.

    so no ms fanboy, i4i is not trolling.

  101. Infringement already Fixed by Anonymous Coward · · Score: 0

    Microsoft released a new Update yesterday to take care of the infringement already.:)

    Microsoft Releases 2007 Office Supplement
    A new supplement for the 2007 Microsoft Office system is required for the United States. After the supplement is installed, Microsoft Office Word will no longer read Custom XML elements contained within .docx, .docm, or .xml files. The files will open, but any Custom XML elements will be removed. http://oem.microsoft.com/script/contentpage.aspx?pageid=563214

  102. Re:Say goodbye for XML by Thinboy00 · · Score: 1

    [...]It runs like a charm on anything from windows 3.11 to Vista,[...]

    Microsoft: Oh dear, we're shirking our duties! Allow us to break that for you?

    --
    $ make available
  103. Re:Say goodbye for XML by Thinboy00 · · Score: 1
    --
    $ make available
  104. Re:Say goodbye for XML by treeves · · Score: 1

    For instance, i4i have stated that they do not believe OpenOffice.org, KOffice, Symphony etc. infringe their patent.

    Well, it couldn't be because there's absolutely no money to be had in making those claims, right?

    --
    ...the future crusty old bastards are already drinking the Kool-Aid.
  105. Re:Say goodbye for XML by Kartu · · Score: 1

    Incidentally, nobody is behind mentioned applications that do not infringe "the patent", to pay for infringement.

  106. Yeah, well by bit9 · · Score: 1

    It's one thing to abuse a standards body (not to mention the English language) in order to call your proprietary crap a "standard", but it's another thing to get people to adopt your crappy so-called standard.

    Of course, MS doesn't really care if anybody else adopts the standard or not - so long as they can use the words "ISO standard" in their advertising.

    The point is, I can be okay with there being an OOXML "standard" as long as nobody else besides MS ends up using OOXML, and as long as the ISO committee isn't totally and permanently ruined as a result of having been used like a sock puppet by MS.

    Of course, the ISO committee needs to at least stand up and put a stop to that "drafting errors" nonsense, but hopefully if they did that they could at least continue on with some amount of credibility intact.

  107. Law of Moses by WinstonWolfIT · · Score: 0

    Apropos that i4i gets eye for an eye from none other than Microsoft.

  108. Re:Say goodbye for XML by shutdown+-p+now · · Score: 1

    The cute and fuzzy JSON. Smaller, faster, lighter.

    Do you seriously propose to use JSON for text markup (where, in XML, most of document is text, and tags are interspersed far between)?

    Not every use case is perfect for XML, but some actually are - it's an eXtensible Markup Language, after all.

    That said, even for short configs, XML isn't all that bad. Granted, it's pretty verbose, but the advantage of using XML is that every framework today has an XML parser as part of its base class/function library. This is still not so for JSON.

  109. Re:Say goodbye for XML by Anonymous Coward · · Score: 0

    The patent is not specific to XML. It's actually hilarious that MS has not brought up that their Word format circa 1991 actually used exactly the type of mapping claimed in the invention (no XML there). The real difference i4i proposes might be storing the raw data and the format map into separate files, but even that is unclear on their patent.

  110. Re:Say goodbye for XML by shutdown+-p+now · · Score: 1

    Amen to parent. I've never quite understood what good XML brought us.

    A bad standard is better than no standard.

  111. Re:Say goodbye for XML by shutdown+-p+now · · Score: 2, Insightful

    That may be true, but there are better options these days, less verbose, easier to parse, etc, like YAML.

    The problem is, there's YAML, and there's JSON, and there are S-expressions, and a dozen other ad-hoc formats; and no-one can agree on which one of the "better" formats to use as the data exchange format.

    Consequently, there is no single standard JSON or YAML or ... parser in Java libraries, or in Qt - you need to get a third-party one (and to do so, you need to pick one of the umpteenth alternatives for your platform).

    Meanwhile, with XML: any language and any platform today has at least a basic parser as a standard component, so there's no need to pick, and no extra dependencies (pure ISO C/C++ being an exception, but people rarely code in that; otherwise, there is a "standard" XML parser in Win32, there's one in Qt, there's one in GNOME, etc). There's rich tooling available - for example, you can write an XSD or RELAX NG schema, and any of dozen editors and IDEs (including Emacs) can use it to drive code completion. You can trivially process and combine heterogeneous XML data using XSLT. And so on.

    Yes, the format is far from perfect. Some things are inconsistent, some (e.g. DTDs) are effectively deprecated but still have to be supported, some are overly complicated. XML Schema in particular is an overengineered mess (but gladly we have RELAX NG). But overall, for all its flaws, it still does the job, and the interoperability benefits of everyone using it are worth the minor pain.

  112. Re:Say goodbye for XML by Anonymous Coward · · Score: 0

    No they are not very narrow.

    In the meantime, a company which was issued a patent in 1998 for the idea of maintaining a document's format in a separate file, has been awarded $200 million to a Toronto-based collaborative software firm, whose engineers claim they had the idea first. The case made by i4i Limited Partnership in its March 2007 suit essentially boiled down to the allegation that the entire move toward XML by Microsoft was a willfully executed strategy against i4i.

    In 1994, just as HTML was first being investigated elsewhere as a vehicle for networked hypertext, i4i Ltd. applied for its US patent. For the time, its concept was novel as any notion of XML would be years away, and the applications for which XML would be used had yet to be envisioned.

    "Electronic documents retain the key idea of binding the structure of the material with its content through the use of formatting information," reads the 1994 patent's background. "The formatting information in this case is in the form of codes inserted into the text stream. This invention addresses the ideas of structure and content in a new light to provide more flexible and efficient document storage and manipulation."

    Did i4i create XML? Not specifically, though it did receive a patent for one of its principal ideas, years before the W3C began to come to the same conclusions. However, despite being what many observers at the time considered late to the game in adopting XML, it is Microsoft that ended up the loser in what some analysts are saying could be among the top five willful patent infringement awards in US history. The company has made clear it will appeal the jury's verdict.

    Yet what is entirely missing (and this is the #1 problem with IP patent law right now), is that they never specified their format. This is the equivelant to someone saying "Hey, back before Henry Ford invented the Model T., we came up with the idea that you could transport people and things in vehicles that didn't rely on horses or people for power!! So you owe us big time."

    It's total BS the way the system is setup. If they developed a format, then sure give them a patent for the FORMAT they developed. But you don't get to just say "Hey, I'm patenting this idea which I never actually implemented". The entire point of patents is so that someone can't rip off your EXACT invention... but they CAN alter it in a "significant" fashion even if the resulting device does the same damn thing. Well, that's in the real world anyhow. Congress needs to get their collective heads out of their asses and fix this shit, right now, before this gets worse. It isn't that difficult: Require source code and/or executable, the equivelant of blueprints/working models, and if someone makes significant alteration to the code then it isn't covered. For example, imagine if some asshat had "patented" the idea of using pixels to display a 3-D virtual world, and got it, without having to be more specific or submit and code, etc. This is effectively what this company is trying to do.

  113. Obligatory quote by bit9 · · Score: 2, Interesting
    I'm no big fan (nor hater, necessarily) of Ayn Rand, but I'm amazed at the frequency with which this quote from Atlas Shrugged has seemed particularly relevant over the last decade or so (emphasis mine):

    "Do you wish to know whether that day is coming? Watch money. Money is the barometer of a society's virtue. When you see that trading is done, not by consent, but by compulsion--when you see that in order to produce, you need to obtain permission from men who produce nothing--when you see that money is flowing to those who deal, not in goods, but in favors--when you see that men get richer by graft and by pull than by work, and your laws don't protect you against them, but protect them against you--when you see corruption being rewarded and honesty becoming a self-sacrifice--you may know that your society is doomed. Money is so noble a medium that is does not compete with guns and it does not make terms with brutality. It will not permit a country to survive as half-property, half-loot."

  114. Re:Say goodbye for XML by amicusNYCL · · Score: 1

    Do you seriously propose to use JSON for text markup

    I propose to use JSON in all ajax-style applications instead of XML. It's superior in nearly every way. You'd be surprised how many ready-made parsers there are at json.org.

    where, in XML, most of document is text, and tags are interspersed far between

    That's not necessarily true... look at the content-to-metadata ratio here, for example:

    <?xml version="1.0"?>
    <manifest identifier="manifest1" version="1.2"
        xmlns="http://www.imsproject.org/xsd/imscp_rootv1p1p2"
        xmlns:adlcp="http://www.adlnet.org/xsd/adlcp_rootv1p2"
        xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance"
        xsi:schemaLocation="http://www.imsproject.org/xsd/imscp_rootv1p1p2 imscp_rootv1p1p2.xsd
        http://www.imsglobal.org/xsd/imsmd_rootv1p2p1 imsmd_rootv1p2p1.xsd
        http://www.adlnet.org/xsd/adlcp_rootv1p2 adlcp_rootv1p2.xsd">
        <organizations default="org1">
            <organization identifier="org1">
                <title>Course Title</title>
                <item identifier="item1" identifierref="resource1" isvisible="true">
                    <title>Course Title</title>
                </item>
                <metadata>
                    <schema>ADL SCORM</schema>
                    <schemaversion>1.2</schemaversion>
                </metadata>
            </organization>
        </organizations>
        <resources>
            <resource identifier="resource1" type="webcontent" href="launch.html" adlcp:scormtype="sco">
                <file href="launch.html" />
            </resource>
        </resources>
    </manifest> ... versus this:

    {
        default_org:"org1",
        organizations: [
            {
                identifier:"org1",
                title:"Course Title",
                items: [
                    identifier:"item1",
                    identifierref:"resource1",
                    isvisible:"true",
                    title:"Course Title"
                ],
                metadata: {
                    schema:"ADL SCORM",
                    schemaversion:"1.2"
                }
            }
        ],
        resources: [
            {
                identifier:"resource1",
                type:"webcontent",
                href:"launch.html",
                adlcp_scormtype:"sco",
                files: [
                    {
                        href:"launch.html"
                    }
                ]
            }
        ]
    }

    --
    "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
  115. Re:Say goodbye for XML by rtfa-troll · · Score: 3, Interesting
    The feature i4i provided was the ability to use MS Word as a general XML editor by embedding xml codes in the word document. It did this in a special way which was, according to the court, copied by MS Word's Custom XML feature. The grandparent is kind of correct; there's no good reason for Custom XML to be in Microsoft's OOXML so whilst it is a feature of OOXML it's doesn't really have much to do with the OOXML format in general, just one feature of that format used only by MS Word.

    (BTW checking this took a huge effort, and big searching and I'm still not sure it's the whole truth. It's astounding how much of the media, both "main stream" and alternative/blog is covering this whilst trying to pretend that i4i never did anything useful at all.)

    --
    =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
  116. Re:Say goodbye for XML by shutdown+-p+now · · Score: 2, Insightful

    I propose to use JSON in all ajax-style applications instead of XML.

    I can agree for that particular use case.

    It's superior in nearly every way.

    Depends on the usage. See below.

    You'd be surprised how many ready-made parsers there are at json.org.

    So, how do I pick the best one (or at least the "good enough" one) to use? The one that I can trust to be fully compliant, and that will be kept maintained and ported to new language/framework versions? Let's say, I need one for C++.

    That's not necessarily true...

    You misunderstand me. What I meant is that there are kinds of XML documents in which tags take up the minority of the content, and the majority is text. XHTML is a classic example; DocBook is another one. Essentially any scenario in which the basis is text, and the tags are markup on that text. Your SCORM example (that brings back some very unpleasant memories, by the way - I had to deal with this cursed thing) is about as far from it as it can get.

    Now, for text markup, you can still represent it as JSON (after all, it's still a tree) - but just imagine how messy even a simple XHTML example would look that way.

    Oh, by the way - JSON sample code in your post isn't actually JSON. In particular, you need to quote all keys, i.e. rather than:

          identifier: "resource1"

    you have to write:

          "identifier": "resource1"

    The only unquoted JSON identifiers are literals "true", "false", and "null". See RFC 4627 for reference (though the grammar on http://json.org/ also covers this).

  117. Re:Say goodbye for XML by Anonymous Coward · · Score: 0

    Then the rest of the world can go ahead and leave you behind.

    Amazingly short sighted and just way off target.

  118. Re:Say goodbye for XML by nedlohs · · Score: 1

    Because there weren't tree formats before XML...

  119. Re:Say goodbye for XML by cakoose · · Score: 1

    I think you're wrong. From the coverage I've read, it's a method of processing and manipulating XML documents, and they designed an piece of XML editing software around it which they showed to Microsoft and Microsoft then stole the ideas from.

    News coverage of technical things is so effing horrible. Most tech articles are written by people who don't understand programming but don't see why that should stop them from broadcasting their misinterpretation of technical information. You should just read the patent; most of it is very clearly-written.

    It does not predate XML, and has nothing to do with XML-based standards.

    Filed in 1994, it does predate XML. It doesn't predate SGML, though, and since core XML is essentially the same thing, it's probably safe. However, I it does affect XML-based standards -- specifically the ones that separate content from structure/presentation.

    The Patent

    It's a way to separate content from structure. So, for example, where and SGML document would store data like "<p>Hi <i>friend</i></p>", they store it as two separate pieces of data. The content piece would be "Hi friend", the structure piece would be "0:p, 3:i, 9:/i, 9:/p" (roughly). So now if you wanted to format that document differently, you could just use a different structure piece; the content piece doesn't change.

    This exact technique obvious, so I don't think it should have been awarded a patent. But maybe what's obvious to us in 2009 may not have been obvious to the patent examiner in 1994 and, in any case, it doesn't look like any of the affected parties are going to try and argue obviousness. The important question is how generally will their technique be interpreted?

    Taken narrowly, it's a way of putting XML-like tags in a separate file, mapping them back into the content using byte offsets. This is easy enough to work around. Taken broadly, it's a way of separating content from structure. So, any time you augment the content in one file by some kind of annotations in another, you're violating their patent. So HTML and CSS are problematic because the style information is in a separate file, even though the mapping is done using tag and class names and not using byte offsets.

    I don't know much about patent litigation, so I don't know how much leeway they give plaintiffs. But I doubt Microsoft Word uses their exact technique; they probably do something similar to HTML+CSS or XSLT. So this victory could indicate that the courts are interpreting the technique broadly. Which sucks. Man, patents like this are killing the industry.

  120. Re:Say goodbye for XML by modmans2ndcoming · · Score: 0, Offtopic

    why not use LaTeX?

  121. Re:Say goodbye for XML by Anonymous Coward · · Score: 0

    Well, "readable"... I loathe reading XML in a text editor if it's above a few lines. And I have had to work with both XML-based and binary data formats for importing data: I'd take a well-documented binary format every day.

  122. Re:Say goodbye for XML by molecular · · Score: 1

    xslt

  123. Re:Say goodbye for XML by AReilly · · Score: 1

    That summary makes it sound as though the company invented DTDs, after seeing HTML (which had them, sort-of), and in ignorance of all of the processing that was already being done in SGML in the years before. This is clearly rubbish. The pre-existence of document formatting with SGML must make the patent's claims very narrow. (not that I've read them.)

    --
    -- Andrew
  124. As they say... by okmijnuhb · · Score: 1

    An i4i, a tooth for a tooth.

  125. Re:Say goodbye for XML by AReilly · · Score: 1

    Since when does DTD or CSS file creation involve "a map of metacodes found in the document" such that "the map indicates the location and addresses of metacodes in the document". I doubt that is what Microsoft have done, because, well, who would? It means that this map needs to be regenerated after every edit of the document, which means that this isn't terribly useful or document-independent meta-information...

    --
    -- Andrew
  126. i4i and OOXML by Palestrina · · Score: 1

    That's some might fine rewriting of history. When Microsoft was selling OOXML to ISO, Microsoft played up the custom XML feature as the biggest innovation since angle brackets. Whenever someone suggested they just use ODF, Microsoft would argue that ODF lacked custom XML support and that this feature was valuable and essential for business process integration. They trotted out business partner after business partner saying how important custom XML was. Now it is dismissed as a little used, obscure feature. Very interesting. So, was OOXML sold to ISO on a fraudulent premise? And btw, "custom XML" is mentioned over 1,000 times in the OOXML specification. Further, note that Microsoft's solution for "fixing" Word is to have it strip custom XML from DOCX files when reading it. So how can you say that the patent has nothing to do with OOXML if the remedy to work around the patent involves removing custom XML from the OOXML documents?

  127. Re:Say goodbye for XML by Rufty · · Score: 2, Funny

    1897, but then that A.Einstein quit and got a real job.

    --
    Red to red, black to black. Switch it on, but stand well back.
  128. Re:Say goodbye for XML by Anonymous Coward · · Score: 0

    I(*) As an aside, I'm still pretty proud of that software. It runs like a charm on anything from windows 3.11 to Vista, will stay stable even with less than 1 KB of free memory (windows crashes before this program does) and we never had to do a bugfix. Written in around 20000 lines of C++. Chalk one up for rigorously applying and checking invariants and pre- and postconditions.

    Oh THAT must be why M$ didn't want to license the code from i4i - it would have been more stable than their OS, so it would have made them look bad. Perhaps they can get their group of crack programmers [or is that crack-smoking programmers?] to make it less stable - thus making it eligible for inclusion in their kludgy OS.

  129. Makes no since by Stan92057 · · Score: 0

    All this doesn't make a whole lot of since to me.Why in gods good name would MS after being told of the patent,offered a licensing deal,say no and implement it anyways??? If i were a stock holder, i wouldn't be to happy and maybe a suit could be brought up against MS for purposely loosing billions in dollars. Someones on a serious power trip thats for sure and wasting stock holders money too.

    --
    Jack of all trades,master of none
  130. Are the damages awarded excessive? by mykos · · Score: 1

    If this patent is as specific as half the people in this thread state, could such a tiny feature have damaged i4i/gained Microsoft $296,000,000? I know nothing of patent law or XML, but a minor change being worth $296M sounds a bit extreme. Even if the damages were awarded to make an example of MS, I can't imagine either company benefitting 1/10th of that.

  131. Re:Say goodbye for XML by Anonymous Coward · · Score: 0

    The patent office is full of inept halfwits

    It wouldn't matter if the patent office was full of Einsteins, it's the patent office itself that is the problem. Patents need to go away.

  132. Re:Say goodbye for XML by dunkelfalke · · Score: 1

    An XML file is a nice way to store data as a human readable data base format. Of course you can try to do that in a config file, but it would be like hammering screws in.

    --
    "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
  133. Re:Say goodbye for XML by bvankuik · · Score: 1

    XML is very useful for configuration files:
    - All programming languages have parsers for it.
    - Since it is so standard, most other programs can read it.
    - These parsers can almost always do basic error checking by creating a DTD (file which contains all XML tags in the config file?)
    - The config file can be upgraded (to the next version) using XSLT, no need to write a custom upgrade program
    - It is very easy to extend a parameter on the XML config file, for instance from a single value to an array of values

  134. Re:Say goodbye for XML by alfielee · · Score: 0, Troll

    Unlike you I don't despise M$ & I don't think Ballmer & Gates should be imprisoned. Only kidding! LOL! Your main point is kind of humorous in itself because I'm damn sure everything M$ has ever written was based on a reverse-engineering job. I'm sure the reason they never really took on Linux in the courts is because there's a lot of UNIX code embedded in their source. To sue would mean they would have to come clean with their code. They wouldn't be able to just bring one or two thousand lines that match, they'd have to bring the context as well & that would be their undoing. They would be busted on the UNIX thefts. UNIX would have a field day for many years to come tearing at M$'s software. The Gov't would attempt to stop this but even they can't stop a High Court challenge. If any of that code was open-source then their code would be worthless as it would immediately have to be released as open-source & it would be sent a billion times around the web. It would be their end. How sad!

  135. XML is a denial of service attack on us by Anonymous Coward · · Score: 1, Interesting

    Couldn't agree more. While XML is just crappy, but bearable as a document description language, it is an utter failure as a data description language. It ain't really human-readable and it's machine readable with just a lot of effort.

    Whether this push for ever more complex XML-based thingies has method or is just aimless madness, the effect is the same: the decommoditizing of our basic constructs.

    When will I need XSLT to just make sense of my /etc/passwd?

    Just compare the sizes of the XML library on your computer with the size of an interpreter, compiler or any other program in this category (and this other program is most probably doing something useful!)

    My favourite comparison is

        -rw-r--r-- 1 root root 151308 2009-12-13 23:05 /usr/lib/libexpat.so.1.5.2
        -rw-r--r-- 1 root root 147700 2008-01-26 17:36 /usr/lib/liblua5.1.so.0.0.0

    And in Lua you get a bytecode interpreter, a proper garbage collector and a decent runtime library for free.

    XML is a denial of service attack on us.

  136. Re:Say goodbye for XML by rtfa-troll · · Score: 2, Insightful
    Generally patent troll means a company which doesn't produce anything but gathers (generally buying) other peoples patents; waits for related technologies to become valuable and then runs around threatening to sue people.
    • i4i actually produced an XML editing extension
    • i4i went around trying to sell their technology
    • i4i still has a number of customers
    • i4i actually fought to the end of the law suit and
    • i4i has a specific patent and doesn't try to claim close by technologies like ODF
    • there are many different ways of doing this which don't match i4i's patent
    • i4i is not picking on small companies which can't defend themselves

    In no way does it seem to me i4i matches a patent troll. I agree that the idea that someone can own such a trivial idea is dumb, but the patent is not "obvious" just because there are so many stupid different variants you could do which would achive the same thing differently. This is not something wrong in the patent system. This is the patent system working exactly as it is designed. If you don't like this, then you should be campaigning to get rid of software patents.

    --
    =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
  137. Re:Say goodbye for XML by Robert+Zenz · · Score: 1

    ...do they play by their own rules?

    ALWAYS! Or didn't make the sentence "Microsoft 'always respect[s] trademarks and other people's intellectual property...'" from the "Microsoft Sued Over Bing Trademark" story make you laugh out loud?

  138. Re:Say goodbye for XML by gnasher719 · · Score: 1

    Just for good measure, I still refuse to use XML in any application I design. I have no intentions of changing that any time soon either.

    If you insist on XML for exchanging information, you have greatly decreased stupid, ignorant Windows programmers' chances to mess it up.

    I hope that is not the reason why you refuse to use XML.

  139. Re:Say goodbye for XML by Insanity+Defense · · Score: 1

    Are you serious? What kind of small company actually designs "...software...which they showed to Microsoft..." and doesn't expect

    a) the ideas to be stolen by Microsoft.

    b) be bought out by Microsoft.

    c) be "corporate cannibalized" by Microsoft.

    d) ALL OF THE ABOVE!

    This was around the time that Microsoft was being tried and convicted on anti trust grounds in the U.S. and supposedly was reforming into a "kinder gentler" Microsoft that didn't resemble the black widow spider any more.

  140. Re:Say goodbye for XML by Insanity+Defense · · Score: 1

    For instance, i4i have stated that they do not believe OpenOffice.org, KOffice, Symphony etc. infringe their patent.

    Well, it couldn't be because there's absolutely no money to be had in making those claims, right?

    Oracle could be sued over OpenOffice.org and its closed brother Star Office. Are you saying Oracle doesn't have any money?

  141. Why the patent doesn't affect XML itself by Anonymous Coward · · Score: 0

    I just poked through the patent and AFAICT---an acronym all us non-lawyers seem to be falling back on---here's what they patented:

    1. You make one file in an unstructured/poorly-structured format.

    2. You make an overlay of that file that indicates where markup would have gone, if the format weren't totally braindead.

    3. But it is braindead, so you can't get the markup from the file, or leave it there. Instead, you create a map file, which maps content from the separate document file into a markup file.

    Because XML is itself processed to create a visual layout (via XSLT)---rather than having the visual layout created separately and then just linked with the XML---this process doesn't cover that. I'm guessing that all the "custom xml" stuff in office was stored in a separate file or in a separate portion of the file, and that's why it infringed.

    What's disturbing is that, although this doesn't seem to cover anything widely in use by anybody, it is extremely general. What is patented is basically just any mapped (vs. inline) text structure, and a way to transform mapped structure to inline structure. One might say that this is something like if someone had patented reverse-polish notation. Sure, everybody uses the normal algebraic notation, but what happens when a stack-based machine is invented, and reverse-polish notation suddenly makes a lot of sense?

  142. Re:Say goodbye for XML by Insanity+Defense · · Score: 1
    p>

    b) they did and tried, but the judge said it was not valid as prior art.

    Not THE judge. This has gone through the trial and 2 appeals so it is at least 3 judges now.

  143. Re:Say goodbye for XML by TheThiefMaster · · Score: 1

    (*) As an aside, I'm still pretty proud of that software. It runs like a charm on anything from windows 3.11 to Vista

    Excluding XP x64 and Vista x64 of course. As it runs on 3.11 it must be 16-bit, and Windows x64 won't run 16-bit software. On the upside, it probably runs on 32-bit Windows 7 too.

  144. Re:Say goodbye for XML by makomk · · Score: 1

    Yes, the patent's claims are very narrow - and the patent has nothing to do with XML at all.

      In order to infringe, you have to have to totally seperate the formatting information from the text - as in, a chunk of data containing all the formatting formatting, and an entirely seperate chunk of data containing all the text. (Normal XML/SGML document formats have formatting codes intermingled with the text, which is explicitly not covered by the patent.)

    In addition, the formatting information must reference the text to which it applies by location. That's why CSS and most other XML/SGML stylesheet systems don't infringe - they apply formatting information based on tag names, IDs, classes, etc.

  145. Re:Say goodbye for XML by ByOhTek · · Score: 1

    That's kindof what I think about XML.

    And if human readable is your is your goal, extend that analogy to using a fresh loaf of bread as your screws.

    --
    Self proclaimed typo king, and inventor of the bear destroying coffee table (patent not pending).
  146. Re:Say goodbye for XML by Insanity+Defense · · Score: 1

    Since XML was started in '96 by the W3C, and i4i's patent was filed in '98, i4i does not own any of the rights to XML like you are saying.

    The patent was GRANTED in 98 but filed in 94.

  147. Re:Say goodbye for XML by dunkelfalke · · Score: 1

    It seems that you haven't really used XML. I used it for vehicle telematics - data transfer from a central data base to the truck board computers. It was more human-readable than sending SQL queries, you could make those XMLs by hand very fast to test something, you could see very fast whether the transmission was ok or fucked up, and even when you don't have the specs you can easily guess what the data means and where it belongs. Also because of the tree format it was easy to move the different types of data where it belongs, even in a combined XML with several different data trees.

    --
    "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
  148. Re:Say goodbye for XML by TimSSG · · Score: 1

    They denied my idea of round device designed to help support the weight of hulling gardening material around. Said the wheel barrow and even the wheel was prior art. Tim S.

  149. Re:Say goodbye for XML by Anonymous Coward · · Score: 0

    "wish they'd been broken up and Gates and Ballmer put behind bars for what they've done"

    Uhhh... ummm... what have they done?

  150. Re:Say goodbye for XML by Red+Flayer · · Score: 1
    Yes, you are only required to disclose prior art if you are aware of it.

    HOWEVER, the patent examiner is required to search for prior art. Whether or not they do so assiduously is a different story...

    If you aren't aware of the prior work, and your patent is the first patent on that work, it will stand in court.

    Are you sure about that? Really, really sure? Are are you stating some wishful thinking as truth?

    Several patents have been invalidated via demonstration of prior art after the patent was issued. See In re Peterson (2003) for an example.

    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  151. FAT by SgtChaireBourne · · Score: 1

    "in order to use patents as weapons."

    I wish I had the balls to make random baseless claims. Clearly you must have seen the future being a wizard and all...

    Well then, you shouldn't have let Microsoft's company nurse cut them off just so you could post here. If you're dishonest enough to shill for Bill, take it a step further and just tell him you're shilling and take the money and stop posting here. It saves you work and save our time. If you're shilling for ideological reasons and not getting compensated then maybe it's time to take up a more socially redeeming hobby than shilling.

    Microsoft has using software patents offensively for years. The suit over FAT and the suit against TomTom are just two examples from this year. A quick trip to Google will show you more from this year and many other years. If not Google, then Cuil.

    --
    Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.
  152. Re:Say goodbye for XML by digitalunity · · Score: 1

    I don't use it because it's extremely verbose and programming it is a lot more work than plain human readable text files. The types of applications I develop have no need for XML, and the types where it might be applicable won't work well with XML.

    --
    You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
  153. Re:Say goodbye for XML by amicusNYCL · · Score: 1

    So, how do I pick the best one (or at least the "good enough" one) to use? The one that I can trust to be fully compliant, and that will be kept maintained and ported to new language/framework versions? Let's say, I need one for C++.

    JSON is pretty simple, there aren't going to be a lot of major changes to it. This one gets good ratings, and you know it must be good because it's open source:

    http://sourceforge.net/projects/jsoncpp/

    You misunderstand me. What I meant is that there are kinds of XML documents in which tags take up the minority of the content, and the majority is text. XHTML is a classic example;

    I'm not suggesting JSON as a replacement for text markup, I'm suggesting it as a replacement for data exchange. For that matter, I also wouldn't suggest XML as a replacement for HTML 4, I don't see any problems that HTML 4 has which can be solved by using XML. I just used a SCORM example because that's been the majority of my experience using XML, that was the file I had handy. For representing any document structure I would still be inclined to target the current version of HTML, that's been working fine for years.

    you need to quote all keys

    Right, my mistake. I typically don't write JSON by hand, it usually gets generated automatically from a native data structure. But, when I write object literals in Javascript the property identifiers don't need to be quoted.

    --
    "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
  154. Re:Say goodbye for XML by Richy_T · · Score: 1

    win32s?

  155. Re:Say goodbye for XML by KnownIssues · · Score: 1

    I'm (fairly) sure you don't quite understand XML either, then. It's not about data being accessible in a tree instead of a grid. It's about data being storable/modifiable in a well-defined format that could be agreed to by all users of the format (being based on SGML), that is also human readable (being text-based and not binary encoded), and that can represent the greatest number of data structures (grids, lists, etc. being simpler structures than trees). It has similar benefits to using .NET over each language having its own framework (every application isn't forced to write its own plumping over again). Similar benefits to traffic lights having red lights that mean stop, yellow lights that mean prepare to stop (or go faster in some states), and green lights that mean go (a common convention that you can follow anywhere).

    The fact that so many intelligent people (not that I'm assuming I'm one of them) can see XML as having such intrinsically different purposes is probably a sign of how poorly it's understand and that perhaps it won't be long before something better comes along. Or rather, different, since JSON is probably "that thing" and I doubt many would call JSON "more elegant" than XML, just easier to use, which is why it will win.

    In fact, I'm sure someone will correct me and tell me why I don't understand XML.

  156. Re:Say goodbye for XML by MightyMartian · · Score: 1

    Except for the fact that the patent is absurd. If I use a separate stylesheet file coupled with HTML, I am effectively violating this patent.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  157. Re:Say goodbye for XML by KnownIssues · · Score: 1

    I've also found this to be a fascinating debate, full of lack of information and misinformation. It's been surprisingly hard to find a "satisfying level of truth". Most reports of the case seem to imply that the issue is simply Word's use of XML as a whole and that i4i is claiming to own the XML format. So, I actually read TFA. Then the actual TFA in the TFA. Then the actual Complaint in the TFA. Which includes the actual patent.

    Now, after reading that, I felt I couldn't possibly be fully informed still, since the patent seems to be for the storing and processing of structure seperate from its content. A map of the structure points to the locations of the content. XML certainly doesn't work that way. There were hints about the little-used feature affected referred to as custom XML. I knew that couldn't truly be a generic sense of custom XML. All XML is custom. That's the whole point of XML.

    So the feature in question is the attaching of XML Schema to a document. Now, to me that sounds suspiciously like XSLT, but I have to assume it's different in implementation. I assume the issue i4i has is with the implementation of the mapping of the "custom" XML schema elements to the content elements in the document.

    Which I have to admit, might almost be valid. This does feel like a fairly broad patent to me, but IANAPL. I also wonder if there is truly prior art on this. While an obvious concept in retrospect, how many document format did seperate their formatting from their structure? The issue seems to clearly not be a simple matter of editing XML or other formats.

  158. Re:Say goodbye for XML by SEAL · · Score: 1

    Also in reading the details of that patent, one could argue that the CSS standard also applies (separating content from layout). RFC 2318, describing CSS, was written early enough to constitute prior art.

    However, IANAL and I have to assume that Microsoft's legal team probably investigated this possibility and ruled it out for some reason.

  159. Re:Say goodbye for XML by rtfa-troll · · Score: 1

    No; because a) you would be doing it with HTML not XML and b) because your style sheet would be formatting, not structure (presentation not semantic). These differences mean that you wouldn't match the patent. Note that the patent cites prior art doing more or less similar things with SGML. Now, it might seem stupid to you (and it does to me) that specifically choosing a new combination of things that nobody in particular thought of before, but which "anyone" could think of if they set out to list different cobinations then writing a document gets you a monopoly, but that is exactly how patents work and more or less what they are for. You might think this patent is "obvious", but that is because you have a different definition of the word obvious from the one used by patent lawyers.

    --
    =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
  160. Re:Say goodbye for XML by Hurricane78 · · Score: 1

    Nowadays one would do that in Haskell, which automatically guarantees some of those properties. So I kinda agree.

    If I ever have to be connected to a heart-lung machine, I want its software to be written in pure Haskell.

    --
    Any sufficiently advanced intelligence is indistinguishable from stupidity.