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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."
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."
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).
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.
Pirate Party UK
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.
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.
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.
Pirate Party UK
The patent in question.. Decide for yourselves.
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.
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.