Bonum Certa Men Certa

Software Patents Do Not Apply to Microsoft

Feuding cups



Summary: Microsoft shakes off the ban on Word and is meanwhile occupied with illegalising Free software globally

TO PUT a twist on the old saying, "what Microsoft wants Microsoft gets." Given sufficient leverage over the legal system and industry, there is almost nothing that an army of lobbyists cannot achieve very quickly. As expected, Microsoft managed to dodge the Word ban (MSBBC report) and apart from other UK-based publications we were able to find some disinformation. The following legal report, for instance, makes the incorrect assertion that ODF is impacted.



This work was widely interpreted as an effort to forestall adoption of competing formats, such as the Open Document Format, and concerns were raised about whether the Office XML format was severely encumbered by the company's patents. Despite these fears, Microsoft ultimately saw its efforts succeed. A recently granted patent, however, reveals that the entire effort took place while Microsoft had a patent pending that covers nearly any use of XML for storing word processing documents.


How did the concessions come about? We wrote about the forces at play just over a week ago. The Department of Justice (DOJ), which is filled with former RIAA lawyers, has a role in it. No wonder priorities at the DOJ have turned against the people.

The situation with OOXML is actually worth further exploration too. In relation to another matter, our reader Ryan points out that "people understand that to some degree, it's why OOXML and WMA aren't exactly runaway hits with anyone that Microsoft hasn't leaned on [...] but there are always a few out there that just save to whatever format the program defaults to and then get mad when you're using, say, Office 2003, and it can't understand Office 2007 XML [....] it's not new, Microsoft has been doing that to force upgrades since at least Office 97."

"There are always a few who always think everything that comes out of Microsoft is god's own work and perfect as it is," adds MinceR.

Ryan responds by saying: "I'd say their formats are spread more through ignorance on the part of the user than anyone who intentionally set out to use them. Microsoft is dumping the "back to school" laptops -- all have Office 2007 Home and Student Edition on them for free. Microsoft is so desperate to spread OOXML that they're giving away free copies of it on Best Buy laptops til next month I believe it was."

Microsoft's variant of OOXML is a patents-encumbered format and Microsoft is meanwhile working to spread software patents to the rest of the world through so-called "harmonisation" (like the one McCreevy raves about endlessly). Stuart Johnston, a pro-Microsoft journalist, is defending Microsoft's position, whereas Masnick at TechDirt calls it a "bad idea".

We've already seen that in "harmonizing" copyrights thanks to the Berne Convention that it's been made much more difficult for countries to correct mistakes (or even admit mistakes) with overly aggressive copyright laws. In fact, it's created a situation where the only direction copyright law seems to go is towards stronger protection -- almost always under claims of a need to "live up to international treaties." If we created a single global patent system, you'd have that problem on steroids. Rather than being able to experiment and cut back on the excesses and problems of the patent system, the entire world would be stuck with a single system, and any changes to the regulations would be driven by those who benefit most from being able to abuse such monopoly rights.


One person has opined that the ACTA [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14] may be means of facilitating such "harmonisation". TechDirt has another long article about how India and China should respond to intellectual monopolies now that the likes of WIPO use them as a suppressor of progress in such emerging economies and largely-populated nations.

The continued development of the knowledge economies in both China and India requires thoughtful, practical policies that will give the needed incentive and capacity to innovators while providing benefits to as many as possible. In contrast to the beliefs of many, further strengthened intellectual property rights are unlikely to provide a positive impact on the economies of China and India. Instead, the two emerging giants should dedicate maximum attention to the other ingredients of a knowledge economy while structuring, to every extent possible under international treaty obligations, their domestic intellectual property regime to provide the optimum balance between incentives and access, bearing in mind that to diffuse the gains from existing innovations, the latter is to be favored.


In summary, Microsoft has proven that is can still get away with serious and deliberate patent infringement [1, 2, 3, 4, 5, 6, 7, 8, 9, 10] while it is also harming the patent systems worldwide.

Recent Techrights' Posts

Sven Luther, Lucy Wayland & Debian's toxic culture
Reprinted with permission from disguised.work
 
Chris Rutter, ARM Ltd IPO, Winchester College & Debian
Reprinted with permission from disguised.work
[Video] Microsoft Got Its Systems Cracked (Breached) Again, This Time by Russia, and It Uses Its Moles in the Press and So-called 'Linux' Foundation to Change the Subject
If they control the narrative (or buy the narrative), they can do anything
Links 19/04/2024: Israel Fires Back at Iran and Many Layoffs in the US
Links for the day
Russell Coker & Debian: September 11 Islamist sympathy
Reprinted with permission from disguised.work
Sven Luther, Thomas Bushnell & Debian's September 11 discussion
Reprinted with permission from disguised.work
G.A.I./Hey Hi (AI) Bubble Bursting With More Mass Layoffs
it's happening already
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 18, 2024
IRC logs for Thursday, April 18, 2024
Coroner's Report: Lucy Wayland & Debian Abuse Culture
Reprinted with permission from disguised.work
Links 18/04/2024: Misuse of COVID Stimulus Money, Governments Buying Your Data
Links for the day
Gemini Links 18/04/2024: GemText Pain and Web 1.0
Links for the day
Gemini Links 18/04/2024: Google Layoffs Again, ByteDance Scandals Return
Links for the day
Gemini Links 18/04/2024: Trying OpenBSD and War on Links Continues
Links for the day
IRC Proceedings: Wednesday, April 17, 2024
IRC logs for Wednesday, April 17, 2024
Over at Tux Machines...
GNU/Linux news for the past day
North America, Home of Microsoft and of Windows, is Moving to GNU/Linux
Can it top 5% by year's end?
[Meme] The Heart of Staff Rep
Rowan heartily grateful
Management-Friendly Staff Representatives at the EPO Voted Out (or Simply Did Not Run Anymore)
The good news is that they're no longer in a position of authority
Microsofters in 'Linux Foundation' Clothing Continue to Shift Security Scrutiny to 'Linux'
Pay closer attention to the latest Microsoft breach and security catastrophes
Links 17/04/2024: Free-Market Policies Wane, China Marks Economic Recovery
Links for the day
Gemini Links 17/04/2024: "Failure Is An Option", Profectus Alpha 0.5 From a Microsofter Trying to Dethrone Gemini
Links for the day
How does unpaid Debian work impact our families?
Reprinted with permission from Daniel Pocock
Microsoft's Windows Falls to All-Time Low and Layoffs Reported by Managers in the Windows Division
One manager probably broke an NDA or two when he spoke about it in social control media
When you give money to Debian, where does it go?
Reprinted with permission from Daniel Pocock
How do teams work in Debian?
Reprinted with permission from Daniel Pocock
Joint Authors & Debian Family Legitimate Interests
Reprinted with permission from Daniel Pocock
Bad faith: Debian logo and theme use authorized
Reprinted with permission from Daniel Pocock
Links 17/04/2024: TikTok Killing Youth, More Layoff Rounds
Links for the day
Jack Wallen Has Been Assigned by ZDNet to Write Fake (Sponsored) 'Reviews'
Wallen is selling out. Shilling for the corporations, not the community.
Links 17/04/2024: SAP, Kwalee, and Take-Two Layoffs
Links for the day
IRC Proceedings: Tuesday, April 16, 2024
IRC logs for Tuesday, April 16, 2024
Over at Tux Machines...
GNU/Linux news for the past day