Linked by Thom Holwerda on Mon 21st Mar 2011 22:52 UTC, submitted by ephracis
Legal Since competing on merit is looked down upon in the computer and software world, companies in this business usually go for the blindfolded chick with the scale and sword. Up until recently, Microsoft didn't go for the whole patent litigation thing, but now that they've tasted some, they want more. They just sued Barnes & Noble, Foxconn, and Inventec for patent infringement because they use Android.
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Patent Infringement
by tomcat on Mon 21st Mar 2011 23:26 UTC
tomcat
Member since:
2006-01-06

If Android infringes on its patents, I'm afraid that Microsoft is well within its rights to sue anybody that infringes, including the Android licensees.

Unless you're willing to actually do something about the state of patent law -- e.g. create a Political Action Committee to get US Congress's attention -- it doesn't do anyone any good to complain about people exercising their legal rights. It's like complaining about gravity. Or the price of oil.

Put another way, if you believe that GPL licensors have the right to enforce their license agreements through the courts -- and I'm fairly certain that most of you do -- then you are on Microsoft's side here. Without actually realizing it.

Edited 2011-03-21 23:29 UTC

Reply Score: -3

RE: Patent Infringement
by WereCatf on Mon 21st Mar 2011 23:39 in reply to "Patent Infringement"
WereCatf Member since:
2006-02-15

Put another way, if you believe that GPL licensors have the right to enforce their license agreements through the courts -- and I'm fairly certain that most of you do -- then you are on Microsoft's side here. Without actually realizing it.


You are comparing apples and oranges. This case is all about software patents, but GPL license has nothing to do with such. GPL license is purely a copyright license. Ie. you can definitely be against software patents while still supporting copyright law.

Reply Parent Score: 13

v RE[2]: Patent Infringement
by tomcat on Tue 22nd Mar 2011 00:12 in reply to "RE: Patent Infringement"
RE[2]: Patent Infringement
by lemur2 on Tue 22nd Mar 2011 00:31 in reply to "RE: Patent Infringement"
lemur2 Member since:
2007-02-17

" Put another way, if you believe that GPL licensors have the right to enforce their license agreements through the courts -- and I'm fairly certain that most of you do -- then you are on Microsoft's side here. Without actually realizing it.
You are comparing apples and oranges. This case is all about software patents, but GPL license has nothing to do with such. GPL license is purely a copyright license. Ie. you can definitely be against software patents while still supporting copyright law. "

You are absolutely spot on.

This patent lawsuit: Microsoft is suing Barnes & Noble hoping to get some rent money from code that Google wrote, all over some obvious ideas with copious prior art. This is essentially extortion.

GPL license violation lawsuits: Authors of FOSS code are trying simply to get other parties to follow the license terms for that code. Such cases are NOT about code that someone else wrote, and they are not about trying to extract rent from someone else. The FOSS authors are asking only that the code is published, it is their code and publishing it won't hurt the other party.

Chalk and cheese.

Edited 2011-03-22 00:35 UTC

Reply Parent Score: 10

RE: Patent Infringement
by JAlexoid on Tue 22nd Mar 2011 00:11 in reply to "Patent Infringement"
JAlexoid Member since:
2009-05-19

If Android infringes on its patents, I'm afraid that Microsoft is well within its rights to sue anybody that infringes, including the Android licensees.

Unless you're willing to actually do something about the state of patent law -- e.g. create a Political Action Committee to get US Congress's attention -- it doesn't do anyone any good to complain about people exercising their legal rights. It's like complaining about gravity. Or the price of oil.

Put another way, if you believe that GPL licensors have the right to enforce their license agreements through the courts -- and I'm fairly certain that most of you do -- then you are on Microsoft's side here. Without actually realizing it.


OK. Look here. I'm all for a reasonable copyright. But Microsoft is using US idiotic patent system to force everyone to pay for it. Yep, you heard it right.
I live in a country where software patents are explicitly forbidden. Yet when I buy an HTC device , which was not imported from US, was not produced or designed in US, I pay a licensing fee for patents that are valid only in US.
It's all fine and dandy if it's Motorola's or Microsoft's products, because those are American companies and they have to follow US law.
But WHY THE F*CK a Taiwanese company has to follow US laws for devices that are neither produced in US nor sold in US!?!?

Thom is not American, neither is submitter, so I doubt that Americans would like if he creates such a PAC.

EDIT: A bit angry about the issue, so needed to let it out.

Edited 2011-03-22 00:17 UTC

Reply Parent Score: 8

RE[2]: Patent Infringement
by tomcat on Tue 22nd Mar 2011 00:16 in reply to "RE: Patent Infringement"
tomcat Member since:
2006-01-06

It's HTC's choice to license patents and pass along the cost to you -- because HTC decides where the products are being marketed. Don't like it? Don't buy HTC. It's that simple.

As for money and politics, I could care less who contributes and who doesn't. But if you DON'T contribute, don't pretend that you aren't aware that you don't have a voice.

Reply Parent Score: 2

RE[2]: Patent Infringement
by demetrioussharpe on Wed 23rd Mar 2011 14:52 in reply to "RE: Patent Infringement"
demetrioussharpe Member since:
2009-01-09

"If Android infringes on its patents, I'm afraid that Microsoft is well within its rights to sue anybody that infringes, including the Android licensees.

Unless you're willing to actually do something about the state of patent law -- e.g. create a Political Action Committee to get US Congress's attention -- it doesn't do anyone any good to complain about people exercising their legal rights. It's like complaining about gravity. Or the price of oil.

Put another way, if you believe that GPL licensors have the right to enforce their license agreements through the courts -- and I'm fairly certain that most of you do -- then you are on Microsoft's side here. Without actually realizing it.


OK. Look here. I'm all for a reasonable copyright. But Microsoft is using US idiotic patent system to force everyone to pay for it. Yep, you heard it right.
I live in a country where software patents are explicitly forbidden. Yet when I buy an HTC device , which was not imported from US, was not produced or designed in US, I pay a licensing fee for patents that are valid only in US.
It's all fine and dandy if it's Motorola's or Microsoft's products, because those are American companies and they have to follow US law.
But WHY THE F*CK a Taiwanese company has to follow US laws for devices that are neither produced in US nor sold in US!?!?

Thom is not American, neither is submitter, so I doubt that Americans would like if he creates such a PAC.

EDIT: A bit angry about the issue, so needed to let it out.
"

I'm an American & I support this post! In fact, I think that software patents should be illegal here, as well!

Reply Parent Score: 1

RE: Patent Infringement
by mrstep on Tue 22nd Mar 2011 02:08 in reply to "Patent Infringement"
mrstep Member since:
2009-07-18

If Android infringes on its patents, I'm afraid that Microsoft is well within its rights to sue anybody that infringes, including the Android licensees.

Certainly, or the Eastern District of Texas wouldn't be such a busy place.

Unless you're willing to actually do something about the state of patent law -- e.g. create a Political Action Committee to get US Congress's attention -- it doesn't do anyone any good to complain about people exercising their legal rights. It's like complaining about gravity. Or the price of oil.

Sure, or vote and hope it makes a difference. Hahaha.

Put another way, if you believe that GPL licensors have the right to enforce their license agreements through the courts -- and I'm fairly certain that most of you do -- then you are on Microsoft's side here. Without actually realizing it.

OK, now that makes no sense whatsoever. There have been laws that allowed all kinds of terrible things, and I'd be hard pressed to say I agree with those laws just because they were laws. It's like saying if you believe in property rights you're pro-slavery. Uh, what!?

Reply Parent Score: 2

RE: Patent Infringement
by Soulbender on Tue 22nd Mar 2011 05:31 in reply to "Patent Infringement"
Soulbender Member since:
2005-08-18



Edited 2011-03-22 05:32 UTC

Reply Parent Score: 3