[wellylug] new MS software patent application

[Brent Wood]

--- Jethro Carr <dodocaptain at paradise.net.nz> wrote:

> okay,
> 
> this is the most stupid thing I ever saw...
> 
> It'll never get approved. It's been in use in all programming language
> since the start of computers.
> 
> Only Microsoft would try something like this...

Hmm, Kodak just won their lawsuit with Sun over a comparably fundamental
software patent (in JAVA), SCO tried it with bits of the Linux kernel,
Compudigm are trying it here in NZ with a very broad patent on software
interpolation of data and Tektronix are sueing virtually every gaming software
company for infringing their patent on rendering 3D images in 2D (ie: on
screen). MS did win their FAT one & got an ongoing revenue stream.

So such patents are simply good business. The patent lawyer who did so much
work for IBM a few years ago getting their patent business profitable has just
been hired by MS. (& I dunno how true it is, but it seems likely, that IBM is
the world'd largest patent holder)

The nasty thing is, international enforcement of such patents may be via the
WTO, so MS could legitimately call for trade sanctions against countries which
permit patent infringements to occur.

One of the best metaphors I've seen is the comment, "imagine if Prof Tolkien
had patented the entire fantasy genre, intead of just copyrighting his work".
That is very much the situation we seem to be in with software patents.

So I don't think MS are the only ones in ths game, and it is unfortunately not
in the realms of fantasy, even tho that isn't patented :-)

> 
> Imagine trying to enforce it if it got approved :-) 


See the result of the FAT patent. MS is doing very well out of that. As FAT is
behind the filesystems used in cell phones, memory sticks & digital cameras, MS
won their patent, then went to Sony, Nokia, etc & licenced them at around 25cUS
per item. 

They made it cheaper to pay them than fight it, got a nice ongoing revenue
stream & found a new direction :-(


Unfortunately, it is all too believable, and in line with current trends.


B