How Linus Torvalds Helped Bust a Microsoft Patent

New submitter inhuman_4 passes along this quote from an article at Wired: "Last December, Microsoft scored a victory when the ITC Administrative Law Judge Theodore R. Essex found that Motorola had violated four Microsoft patents. But the ruling could also eliminate an important Microsoft software patent that has been invoked in lawsuits against Barnes & Noble and car navigation device-maker Tom Tom. According to Linus Torvalds, he was deposed in the case this past fall, and apparently his testimony about a 20-year-old technical discussion — along with a discussion group posting made by an Amiga fan, known only as Natuerlich! — helped convince the Administrative Law Judge that the patent was invalid."

Comments

internet vs lawyers

[Anonymous Coward]

I can imagine the Laywer vs Torvalds.

Lawyer: Are you sure this alledged discussion happend before the MS patent
Linus: Yes, I'm sure, in fact the timestamp is right there: Dec 23 1992, 8:34 am
Lawyer: 20 Years is a long time ago, how can you be so sure?
Linus: the timestamp is right there: Dec 23 1992, 8:34 am
Lawyer: So there is no doubt you might remeber the date wrong.
Linus: No.
Lawyer: Really, So when did this discussion happend?
Linus: Dec 23 1992, 8:34 am
Lawyer: I see, are you sure about the date? ...

Internet 1, Lawyers 0
Thank you internet news groups for documenting these old discussions.

Re:internet vs lawyers

[clickclickdrone]

>Thank you internet news groups for documenting these old discussions.
And another good reason we should stop relying on web boards and get back to Usenet. You can bet if a discussion like this happened 5 years ago on a forum, it's gone now. We're such a throw away society, we even throw away stuff like this.

PHOSITA

[l2718]

A major problem with the way courts have analyzed software patents is their low-balling the skill level of a "Person having ordinary skill in the art". This is significant since anything such a person can do given the prior art is considered "obvious" and non-patentable. Basically, judges don't understand software well enough to distinguish true invention from routine solutions to problems.

In the case of software patents, many of them (the long-filename patent, the BCD patent [invalidated by the Supreme Court on other grounds] and so on) are for solutions that a typical developer will propose given the problem. But, because PHOSITA is basically taken to be an idiot the "obviousness" limitation on patentability has no effect unless by some chance an actual person bothered to write down this solution in the past.

Another example of Microsoft copying ideas:

[backslashdot]

Microsoft recently got this patent:
http://www.reghardware.com/2011/09/23/microsoft_contemplates_mobiles_with_interchangeable_accessories/

Now, go to http://www.engadget.com/2008/12/26/how-would-you-change-sony-ericssons-xperia-x1/2#comments and do a find in page for the word "bottom" or "pop out" ... ok read that description .. now if you scroll up to the top of the article you can see a photo of the Xperia X1 which is being talked about .. notice that a combination of the Xperia X1 and the comment exactly fit the patent of microsoft? If you read the actual patent it becomes even clearer they stole the idea from that engadget comment.

Re:Atari ST & Amiga

[Joce640k]

Be sure to let us know when you've managed to get your Amiga to boot from a hard disk...

Importance of mail-list/blog/.... archives

[Alain Williams]

This shows how important it is that mail list (& similar) archives of very old discussions are kept on-line. They are not just a matter of academic/historic interest, they can have real benefits.

So: if you do host something like this and are thinking of removing it because it is old, out of date, ... please think again. Thanks.