This stuff is capable of bring software development to a grinding halt, or maybe it already has.
Source link: http://blog.mises.org/10457/microsoft-word-violates-a-patent/
Microsoft Word Violates a Patent
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This doesn’t even pass the smell test. The whole point of XML was that is was fair game to anyone. And XML is not complicated stuff either. I’m not a programmer, and I’m not a techie, but XML is one of those things that makes sense, and could be explained to most people who can read.
Stopping Microshaft from selling their buggy, overpriced and useless software that freezes all the time and is jam packed with annoyances ?
Finally the patent laws are doing something useful for once.
There is always an exception to the rule and I completely hate Microsoft for the inferior quality of their products and services. I will migrate to Linux very soon and will never again touch a Microsoft product.
The arrogance of this company is legendary. Looks like they have been burned at their own game. They tried to force copyrights on us with their DRM technology.
Anyways, I never bought any microsoft office products since Office 97.
Open Office and Google Docs is the way to go.
I am anti-Microsoft because this is a company that uses devious tactics to force disfunctional products down our throats. This is a company that treats it’s customers like criminals and that limits the functionality of our software and hardware and multimedia content.
Microsoft is a tyrant.
I highly doubt that it’s much vaunted Windows 7 will succeed. Too many people are fed up with the complexity, complications and bugs.
Too many people have “upgraded” from Windows Vista to Windows XP after running into bugs and malfunctions with Visa.
Those people have learned their lesson and will not bother with Windows 7.
Microsoft is FINISHED !
Thanks for 2nd ammendment for sticking a fork into my computer usage.
2nd Amendment,
Microsoft’s software and platform are very good. This is why they have the largest marketshare for operating systems worldwide, and are able to sell their software for $100′s a license whereas free alternatives only hold on to a small portion of the market.
I’m using Linux right now, and I find it very useful and suitable for what I do, but I still have a few computers with windows on them because the driver support, software support, and multimedia performance (games, flash videos) is still the best.
…
This suit shows the silliness of software patents. It grants monopolies to companies that would have still made the same software had it not been for patents. Patents are just extra overhead, and a pain in the neck for the consumer as they limit competition and derivatives and alternatives of the protected product.
Software patents and copyrights are especially absurd when you consider that all computer programs are, when you get down to the lowest level, simply a string of binary digits. So patenting or copyrighting a program means owning exclusive rights to … a number! I suppose that next, a government will try to legislate that the value of pi should be 3. Oh wait, they’ve already done that.
Unfortunately patents and intellectual property are meeting their logical conclusion– failure. It sufficiently stunts intellectual progress and fails to allow software entrepreneurs and other companies from building on and improving on other ideas.
When open source technology such as XML get wrapped up in patent suites it is very bad sign for the open source community. Open source has been the driving force behind some of the best and most useful technology developments in recent time.
It is frightening to see that the technique of reading and XML file is stamped as property.
Man, I should have done that a long time ago. Imagine all the techniques I could have patented and then sued corporations that use the same technique.
dewind wrote:
“Man, I should have done that a long time ago. Imagine all the techniques I could have patented and then sued corporations that use the same technique.”
What a great idea! I hereby declare that I, Russ, have invented and hereby own exclusive rights to a revolutionary new algorithm. I call it… addition!
Joe,
I recently bought a laptop with Vista in it and internet explorer constantly jams.
You can’t find what you are looking for when you search for files or programs, I have to use a third party software to run the same search that was available in XP.
The list goes on.
Small, Faster, Simpler should be Microsofts motto, instead they seem high on bloatware, bells and whistles.
We shall see in the coming years if Microsoft keeps it’s market share.
My next computer is a Dell Laptop with Linux pre-installed.
If Microsoft have such a big market share it is not because their products are superior, it is because they were the first to market them and there were no serious competition up to date.
But Linux is now a serious competitor and you will see Microsoft loose serious market share in the coming years.
Windows 7 will be a flop like Vista and will not be sufficient to save Microsoft.
I will even go further to add that in 10 to 15 years, you will no longer hear about Microsoft.
Just like you no longer hear about Sega.
“This suit shows the silliness of software patents.”
Well said and how can you patent a software if the source code must remain secret ?
In ordinary physical patents, you have to disclose how you embody the “invention”.
In software, you only disclose the usage. I haven’t seen a line of code in software patents.
At the very least, I would accept trade marks, logos and brand names protection.
But certainly not patents nor software patents.
Just like you can’t copyright or patent a math formula, you should not patent lines of code.
But I guess I’m biassed by my open-source mentality, that’s another story.
2nd Amendment,
You are correct in your opposition to current day software patents, as they are not contract based nor do follow the normal patenting procedure everything else uses.
I do have issue with your views towards microsoft. The way I see it, Microsoft provides the most user friendly OS on the market. Linux is catching up, although it has been a very slow process.
I attribute this to a difference in focus, discounting the obvious IP shenanigans. Linux and other open source software does not often follow the same wide spread profit and loss system that Microsoft does. Because of this, Linux is not consumer focused – but instead focused on the wants of the individual developer, who often does not need the simplicity the average user might require. Microsoft, on the other hand, is forced by the market to provide easy to use, consumer focused, software.
Another thing I saw, DRM is not state enforced copyright – but is a contract based, privately executed IP. The market will decide if Microsoft should profit or not – although I agree with you that they will probably not be the giant they are now in 10 years.
DRM -is- state enforced copyright, the worst kind. Read the DMCA; the part where it’s mentioned that it’s illegal to bypass a DRM scheme irregardless if the usage of that software would otherwise be legal. It doesn’t matter if the protected work is out of copyright, it doesn’t matter if you plan to exercise your ‘fair use’ rights. It’s still illegal simply because the work is encrypted. It doesn’t matter that you bought it normally. It doesn’t matter that you didn’t sign any contracts to buy the work. DRM is essentially a “make your own copyright law kit” backed by the full force of the United States government (and their extradition treaties).
Its not much of a rant against microsoft when one is still using their products and has not quite yet switched to linux. Using ubuntu for all my new stuff these days and quite pleased.
To the larger point, the constitutional enablement of intellectual property laws states its objective of furthering progress. Its clear that software patents hinder rather than further progress.
Had we a congress attempting to do the right thing, they would have straightened out the intellectual property mess. As it is, they are religious zealots (socialism and environmentalism) bent on ideological matters and any legislation not related to that is simply delivering of legislation special-ordered by campaign contributors.
Microsoft needs to do a “Cool Hand Luke”. They should contest the lawsuit on the grounds that the patent is for something that is obvious. This would be a slam dunk. The big problem is that Microsoft will have to stop selling its product during the litigation. However, they have enough money to do this. The lawyers for the plaintiff assume that Microsoft will cave. If Microsoft holds firm, the lawyers will be put in a position that they will not be paid.
Never give in to blackmail or negotiate with terrorists – you’ll just get more of the same.
2nd Am: “how can you patent a software if the source code must remain secret ?”
Because disclosure of the source code is not (usually) needed to meet the written description, enablement, and best mode requirements. All you have to do is disclose the claimed invention in writing, disclose the best mode, and enable others skilled in the same art to practice your invention without undue experimentation. But you don’t claim the narrow code; you claim block-level flow-chart-level type processes, which could be implemented by any suitable code.
In other words, patent law is complex, tedious, nitpicky, and utterly arbitrary and arcane and specialized. But the problem with patent law is not that it fails to require adequate disclosure of source code. Requiring this would not fix the system.
Walt D.,
The problem with that is that in order for Microsoft to win such a suit, they have to show that the software patent is invalid.
Once Microsoft starts pointing out the absurdities and insanities of software patents, their OWN library of software patents, referenced in such remarkable comments as Bill Gates’ “Linux violates 283 of our patents”, lose their ability to cause Fear, Uncertainty and Doubt in the rest of the software world.
While not as vehement as 2nd above, I agree that the use of Microsoft software by the majority of users represents no actual choice on their part. “It came on the machine.” If people actually chose what came preinstalled, many would still choose Microsoft because they are familiar with it.
The wide spread use of Windows is no reflection what so ever on the robustness of Windows or Microsoft’s products, simply their pervasiveness. Keep in mind that it was Microsoft’s products for which the industry coined the term, “Therapeutic Reboot.”
Of the people I have dealt with, repairing their Windows systems and discussing their issues, their problems and complaints have nearly always been based on Windows ITSELF.
Yes, Windows is popular. So is Obama.
Windows is popular because the market wanted a standard for the PC architecture. Windows became the standard because it gave people what they wanted, and achieved critical mass faster than its competitors. It’s not about Microsoft being evil (although they have engaged in “sharp” business practices), or people being stupid. It’s just that Windows was the best standard available at the time, and now it’s locked in.
I tried to move to all-Linux before. After quite a bit of pain, I figured out how to get PPP working correctly (this was in the days of dial-up, on Slackware). Then, after a while, my X Window-based mail client stopped working correctly, and I couldn’t for the life of me figure out what was wrong. I switched back to Windows, and it just worked.
I’m not religious about open-source. It’s nice to know that I have the source, but I’ve never, ever actually delved into the source for any Linux app I’ve ever used. So for me, there is little difference (except cost).
Besides, people have a right to not divulge source code. Part of freedom of speech is freedom to not speak if you don’t want to. It’s just applying the concept of ownership (that rightly applies to physical goods) to information (where the concept does not rightly apply) that I object to.
Why is Microsoft dominant? Because Bill Gates not only convinced IBM to use MSDOS on the PC project, but also invented software licensing in the same stroke. IBM PC-compatibles had to run an OS that was compatible with MSDOS, which invariable meant a clone; Microsoft leveraged this with Windows, which achieved decent circulation over three major revisions and then with 95 brought to the PC the best GUI it had seen, which was leveraged with a massive API that made clones damn near impossible to make.
OH NO! I got online to buy a computer today and Microsoft FORCED ME TO BUY FROM THEM AGAIN!!
Hahaha – I love windows, it’s extremely customizable, it’s versatile, it’s a tad messy and needs to be cleaned up often, but I know my way around it and as an IT professional it’s easy to communicate with clients. I also get almost guaranteed support when it comes to software compatibility, hardware drivers and just about anything else. Plus I only need $300 for a cheap computer, a good one runs me around $1000.
And if I don’t like it, I can install linux for free….which I do – I dual boot into various flavors of linux… I just don’t like it that much because I have to master the command line commands to install anything that isn’t in the aptget repository, my wireless drivers only work half the time, and few installations can mount my NTFS partition….
They deserve my business… which is funny because unless it came with windows OEM or I don’t already own the disc (I own ‘gold’ discs for xp and vista – and I’m gonna pick up a Se7en disc soon) then I pirate all my OSes – I figure I bought it, it’s mine….
Not that tough, considering M$ is such a ‘tyrant’ and all……
LoL!
This is one area where I’ll never agree with Tucker et al.
While one can argue the *need* for private property in the physically scarce world, I rather like the concept of private property anyhow, “needed” or not.
As a recent blog post put it (actually a very old article), the free market is very far removed from the law of the jungle. It hinges on private property and the acknowledgment thereof. It is, quite simply, civilisation.
Yet because we CAN rip off, steal and pirate digital property, that’s all right then? Sorry but I just don’t buy that argument.
Theft is theft.
If you don’t like the EULA there’s a very simple remedy. Don’t buy the product.
As far as I’m concerned software, or music, meets the criteria of private property, within reason. If you’ve “mixed your labor with it”, have a surplus which you’re willing to peacefully exchange with others, under contract, then why the heck not?
Yes we CAN break contracts, we CAN steal, in a variety of ways. So what? We can eat each other too. Doesn’t make it right.
I’m curious how many others feel the same as me, yet dare not saying anything here, for fear of being branded not a ‘real’ libertarian?
There’s often times where I find myself hesitating to link to LRC or Mise.org, as this issue is raised so often and so far apart from my own views. There’s often religious stuff, of which I have no interest yet doesn’t offend. The copyright issue however, does offend me.
Libertarians advocating theft? Yuk.
Suppose you’re a writer, you write something for a magazine or whatever, under contract, then upon submitting it they decide not to bother paying you? You just suck it up, because contracts don’t mean anything and you can’t own words on paper or something?
No. I don’t care if it’s ‘efficient’, any more than I’d care if government happened to be ‘efficient’. Sure, I’d love copyright to be enforced by something other than a monopoly government but I kinnda LIKE the idea of law, contracts, the free market and private property.
If that means I’m somehow not a “real” libertarian then I’m happy to pass on the label.
The complaints about software patents are not justified by the empirical evidence. The software industry has grown fastest when the patent laws are clear that software is patentable. Logically, if you are against software patents, you have to be against patents for electronic circuits. Anything done is software can be done in hardware – in fact software is just a way of telling the hardware how to configure itself.
Historically, the USA has had the strongest patent laws protecting inventors from intellectual property thieves. The US has been the most innovative country in the history of the world. Countries with weak or non-existent patent laws have been some of the least innovate. The empirical evidence supports a strong patent system if you desire innovation and economic growth. When the USA does not protect its innovators, it results in economic decline such as we are experiencing today – see http://hallingblog.com/2009/05/18/intellectual-property-socialism-part-iii-patent-legislation-supreme-court-rulling-since-2000/
The Mises Institute is in danger of marginalizing itself by pushing its “scarcity theory of property rights.†In science, the theory that has the greatest ability to explain the widest number of facts is considered to be the correct or better theory. Here the “scarcity†theory of private property requires the additional assumption that it is preferable to have efficient allocation of resources. However, it fails to explain how the resource should be initially distributed, it does not explain how property law determines ownership and has no power to explain criminal law. Trading scarcity for the labor theory of property is like trading the theory that “what goes up must come down†for Newton’s Law of gravity. The fact of the matter is that the proponents of scarcity have confused cause with effect. A system of private property results in efficient allocation of resource, but it is not the reason for private property – it is the effect of private property. For more information see
http://hallingblog.com/2009/06/22/scarcity-–-does-it-prove-intellectual-property-is-unjustified/
http://hallingblog.com/2009/06/25/scarcity-and-intellectual-property-empirical-evidence-for-inventions/
http://hallingblog.com/2009/06/25/scarcity-and-intellectual-property-empirical-evidence-of-adoptiondistribution-of-technology/
“If you don’t like the EULA there’s a very simple remedy. Don’t buy the product.”
Looking back through the comments, the only person who said anything about deliberately violating the law, or Microsoft EULA, was an enthusiastic Windows supporter. Interesting.
I’m all for private contracts. If people were aware of the EULA terms, and the fact that they are legally accountable for those terms, it is my opinion that no one would touch the Microsoft EULA.
Few people bother to do anything more than “click through” in order to get to use what they think they bought (not “licensed”).
Did anyone notice the horror with which the media “discovered” the awful EULA that the government Cash For Clunkers web site required agreement with before they allowed it to be used? Same thing.
The GPL is also something of a contract, and if someone knew that they would be held legally responsible for the terms of either the Microsoft EULA or the GPL, I wonder which they would choose? Hey, it’s Libertopia, make a choice.
Back to patents. I don’t see anyone arguing that the law aught to be disobeyed (except the Windows enthusiast). What I see are very convincing arguments, both theoretical and practical, as to why those laws are destructive to the very “creativity” that was used to justify those laws in the first place.
So we have a situation very common under a system of statute law: The statute fails, but it is not repealed. Those who have found themselves benefitted by the failing law fight like demons to maintain (and even expand) those statute laws in order to continue to benefit at the expense of everyone else.
I, too, like the idea of private property, the free market, and one fundamental infrastructure of the free market is the idea of a binding contract.
I’ve read several different versions and addendums over the years to the Microsoft EULA. That, not just their crappy software, is another reason to avoid it like the plague.
@ Alan
“Suppose you’re a writer, you write something for a magazine or whatever, under contract, then upon submitting it they decide not to bother paying you? You just suck it up, because contracts don’t mean anything and you can’t own words on paper or something?”
If a magazine decided not to pay a writer(s), that writer(s) would simply spread the word, probably with the internet that this magazine company does not pay its writers. That would stop writers from working for that magazine, or to stop submitting their work to that magazine, the magazine would therefore not have anything to publish, and would quickly cease to exist.
However, any magazine owner with the smallest amount of drive to be successful would not take the risk of not paying a writer for fear of what that type of reputation would do to his magazine.
Therefore no contracts necessary, it is only necessary that the business (magazine or whatever) wants to be successful so it is in its best interest not to piss off the most important people relevant to the success of their business.
@ Alan
“Suppose you’re a writer, you write something for a magazine or whatever, under contract, then upon submitting it they decide not to bother paying you? You just suck it up, because contracts don’t mean anything and you can’t own words on paper or something?”
If a magazine decided not to pay a writer(s), that writer(s) would simply spread the word, probably with the internet that this magazine company does not pay its writers. That would stop writers from working for that magazine, or to stop submitting their work to that magazine, the magazine would therefore not have anything to publish, and would quickly cease to exist.
However, any magazine owner with the smallest amount of drive to be successful would not take the risk of not paying a writer for fear of what that type of reputation would do to his magazine.
Therefore no contracts necessary, it is only necessary that the business (magazine or whatever) wants to be successful so it is in its best interest not to piss off the most important people relevant to the success of their business.
to db halling:
“…prior to the 1981 U.S. Supreme Court decision in Diamond vs Diehr, it was not possible to patent software at all and the current craze to patent every click of the mouse originates in the subsequent extension of patents to software products in the 1994 Federal Circuit Court ruling In re Alapat.”
from “against monopoly”, boldrin and levine, ch.2, page 2.
maybe the most substantial developments predated the ip legislation on software.
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