07.31.08
Microsoft Starts Suing Companies Over Patents
Defensive schmifensive
Microsoft has found itself under more financial stress than ever before in recent years [1, 2]. Licensing company appears to be its vocation, just as some experts already predict. The following news is supporting evidence of this.
Microsoft said it has filed a complaint with the International Trade Commission after failing to be able to negotiate a licensing deal with Primax Electronics. In the complaint, Microsoft is seeking an order barring Primax from importing infringing products into the United States.
This is significant. It’s quite a new thing for Microsoft to attack smaller companies using its questionable intellectual monopolies. Mr. Bishop has some more details.
Microsoft also is expected to file suit in U.S. District Court, seeking damages.
The next time Microsoft sheds crocodile tears, claiming it is the biggest victim of patents, bring up this development. Microsoft is among the attackers and it’s clearly a part of this problem. It’s aggressive enough to go as far as an embargo. This is a monopolistic embargo and by no means the same as a reactionary embargo to crime and abuse. █
Highlight: Novell was the first to acknowledge that Microsoft FUD tactics had substance. Novell then used anti-Linux FUD to market itself. 
Highlight: Xandros let Microsoft make patent claims and brag about (paid-for) OOXML support. 
Highlight: Linspire's CEO not only fell into Microsoft arms, but he also assisted the company's attack on GNU/Linux. 
Highlight: Microsoft craves pseudo (proprietary) standards and gets its way using proxies and influence which it buys. 
Highlight: The invasion into the open source world is intended to leave Linux companies neglected, due to financial incentives from Microsoft. 
Analysis: Xen, an open source hypervisor, possibly fell victim to Microsoft's aggressive (and stealthy) acquisition-by-proxy strategy.
Saul Goode said,
July 31, 2008 at 4:30 pm
To be fair (?), the cited infringement lawsuit is over a hardware patent. Microsoft has sued over hardware patents in the past. To my knowledge, they have never actually sued over a software patent (though they are notorious for wielding them as a threat).
I don’t think this development constitutes evidence of a change in MS policy. They remain reluctant to do anything (such as actually bringing suit) which might bring into question the viability of software patents. They might even prefer losing software patent infringement cases rather than lose having patents to threaten customers and to restrict competition from smaller upstart rivals — what’s a few hundred million in penalties if it lets you retain a stranglehold on an entire industry.
Roy Schestowitz said,
July 31, 2008 at 4:44 pm
They don’t need to sue to get their RoI in software patents. They not only cross-license these, but they also get a money-flow going in one direction thanks to them.
Remember that some patent trolls can make a lot of money without ever going to court. How about Intellectual Ventures, which you can almost synonimise with a Microsoft spin-off? It pretends to be benevolent because it pressures (extorts), not sues.
Bark vs bite. Both are harmful.