BTG Plc., a West Conshohocken, Pa.-based company, has filed patent infringement lawsuits against both Microsoft Corp. and Apple Computer, Inc. The firm claims that Microsoft and Apple has infringed its patent for web-based software updating technology. Our Take: [sarcasm] Hey, they forgot to sue most Linux distros and… SkyOS. [/sarcasm]
Microsoft and Apple Sued for Patent Infringement
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Eugenia Loli
Ex-programmer, ex-editor in chief at OSNews.com, now a visual artist/filmmaker.
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Yes, this isn’t about money at all.
The linguistic representation of the intellectual property protection mechanism cited by the news generator presented so many incongruities that the data enrichment process could only be undertaken with extreme perseverance.
(Translation: the patents are hard to read.)
I’m not completely against software patents if they are a unique and novel idea…however, the whole concept of software patents needs to be seriously reformed.
For example, I think a 3 year time limit should be plenty. It’s just a lot easier and less resource intensive to produce a product based on a new compression algorithm or a new internet protocol or whatever than it is to produce a tangible object such as a car or a boat.
There should also be an exemption for software that is being given away for free. Why should you have to pay royalty fees for something that you’re not making any money off of? This would safeguard important open source technologies like Linux, GNOME, and KDE.
There should also be limitations on how long you can leave your patent unprotected before claiming infringement. This company knew about Apple and Microsoft. Windows Update is hardly new or a trade secret. (It was released as part of Windows 98.) So I say that you should have no more than 1 year to file a patent infringement lawsuit. It is ridiculous that companies are actually (ab)using the patent system as a business model by laying a large patent minefield and waiting for someone to build a house on it before hitting the button.
Of course in this case, I’d say Apple and Microsoft are getting what they deserve since they’re some of the biggest offenders when it comes to patent system abuse. (The Aqua look and feel? How can you honestly patent that? That’s like patenting the interior of a Chevy Silverado!)
….because of various downstream results of corporate greed hand-in-hand with government corruption. Lately, our government’s behavior desn’t really show me that our leaders care much about anyone with less than half-million-per-year income, so how is any of this outcome unexpected?
You can be free in America, but it costs a lot of money.
I don’t think I’d care about software patents if I didn’t know that there is so much abuse, government incompetence, and greed. In fact, don’t be surprised if patents eventually wind up lasting longer than copyrights, if some really, really greedy bunch gets some really, really rotten politician with hand in pocket…
Also the patents weren’t even filed until last year. The lawsuit is a complete waste of time… Microsoft can definitely show prior art with Windows Update.
This will get that company about 15 seconds of fame but that’s it… the CEO and the rest of the executives all look like a bunch of dipshits just trying to get money for someone else’s invention.
“This will get that company about 15 seconds of fame but that’s it… the CEO and the rest of the executives all look like a bunch of dipshits just trying to get money for someone else’s invention.
”
regardless of that software patents are stupid and this is why. this case might even win for the silly laws. dont count on logic in legal mumbo jumbo
In this case the patent is so damn broad as to nearly make a file download link on a webpage in violation.
The Redhat,Linspire, Gentoo, and other sites would be likely lawsuit targets also. Amazing how they only filed suit against the companies with MONEY. Not.
The world of unrestricted sofware patents: corruption, litigation, restricted innovation, software business governed by a few big companies, monopolies, less time for research & development, no more healthy competition & IT business, no more true open source freedom.
Because of that the centre of IT development & even business may gradually start to move from places like the USA & Japan (& EU?) to countries like China & India. (Well, maybe it is only time that the old colonialist countries lose their position to new powers…?)
The software patents doesn’t make any sense at all and is getting silly and sillier everyday. I think, it has to be end before it hurts us worst.
Software patents are stupid. Recently, Microsoft patented their double-click technology. So now I am gonna invent 5 clicks to open a folder and patent that. How stupid is that? I think nowadays companies have to patent even the most stupidiest things because they can’t trust anything, which is sad but true. So in a way it makes sense but when we read news reports it seems so dumb to us conumers. I go with 50-50 patents.
If you read the patent, it states that the communications, selection, and comformation is done using an HTML browser! This fully descibes MSFT’s “Windows Update” web-site.
This has nothing to do with Apple’s software update; Apple uses a program to contact a remote server and doesn’t use any HTML in the process.
Another thing to note is that the patent involves scheduled updates. Apple’s program can be scheduled; however if you want to do manual updates, then you’ll need to use Apple’s web-site but these updates can’t be scheduled.
From reading the patent, I can’t see how Apple could have violated it. MSFT is in violation big time however.
“BTG said that failure to negotiate on agreements has led to the lawsuit.”
<chuckles> I thought Microsoft and other proprietary software vendors were big defenders of intellectual property. How come they’re sued on a yearly basis for patent infringements and other equivalents of corporate theft ?
“”BTG said that failure to negotiate on agreements has led to the lawsuit.”
<chuckles> I thought Microsoft and other proprietary software vendors were big defenders of intellectual property. How come they’re sued on a yearly basis for patent infringements and other equivalents of corporate theft ?”
Don’t even go there. Seriously. This doesn’t need to turn int o yet another “Microsoft and everything it does is evil!” discussion. Clearly the pantent holder is the one with no respect for property. Windows update was around well before 2003. How this patent was even granted is the real concern!
I thought Microsoft and other proprietary software vendors were big defenders of intellectual property. How come they’re sued on a yearly basis for patent infringements and other equivalents of corporate theft ?
Same reason lawyers follow ambulances.
Software patents are inherently different than patents in medical field where you research and invent something and patent it to recover the money used in your investment.
The patent granting authority has screwed up so much that it gave patents without considering if the person who is getting it patented has really put deserving effort or not.
Eolas was an example of a wrong patent. In fact companies like Microsoft, IBM, Apple now are getting patent for small little things to act as a shield for them from these legal battles. Microsoft has hardly ever sued someone for a patent but i think they are doing the right thing by patenting stuff so that people can’t sue them in future.
I really think we need a way to define well deserved patents.
And Anonymous (IP: —.cg.shawcable.net) are you always this stupid or its your birthday?
Software patents are inherently different than patents in medical field where you research and invent something and patent it to recover the money used in your investment.
In *theory* software (or other “IP” parents – they’re all equally bad) and “hardware” patents are identical. The trouble is it’s a lot easier to come up with an incremental, “obvious” junk patent in the non-physical-property world than the real one.
Software patents are inherently different than patents in medical field where you research and invent something and patent it to recover the money used in your investment.
You’re assuming that nothing is being invested in software development and research. A lot of companies will beg to differ.
“And Anonymous (IP: —.cg.shawcable.net) are you always this stupid or its your birthday?”
On the contrary i thought it was a very insightful comment
The US corporate scene looks more and more like complete anarchy, with Lawyers standing to benefit hugely from the weakness of central administration. Whoever fights, they win.
This is a little stupid don’t you think?