Microsoft snags XML-related patent

TalkBack 9 of 32:

Next »

« Previous

• Thread View
• Flat View

Now that everybody has weighed in...

...I'll continue my essay.

I notice that all of you, whether pro or anti-Microsoft, immediately lept to the conclusion that MS intent is not to protect its own products, but to inhibit others. The reason I did not go there intially is that there is an unspoken "standard of conduct" among large organizations. One reason that standards work is that all parties realize they have more to lose from violating them than they have to gain. Notice for example that the "terrorist" patent suits are initiated by small companies that have little or no business and seem to be hoping to reap benefits from the larger firms successful business. Large companies refrain from such conduct because they realize that a reciprocal suit could jeapordize their own products. A gentlemen's agreement prevails because of fear of the consequences of ungentlemanly behavior.

By the rules of conduct, we recognize that software patents are rickety, but firms obtain patents to prevent terrorists from inhibiting business. Nobody much bothers to attack the bases of software patents, like going after non-obviousness, because that introduces more complexities and opens a bucket of worms that nobody seems to need. But what if one of the major players adopts terrorist tactics? That would upset the whole applecart.

I have assumed, and continue to assume, that Microsoft's legal counsel have advised against what you all appear to take as given. So what hapens if the law of the jungle is unleashed? Don't know. I do know of several open source organizations that are actively contemplating challenges to MS patents on the grounds of non-obviousness. IANAL, but I can read, and most software advances are pretty easy to figure out from the current state of the art.

Given the mutual hostility between Microsoft and open source (noting, on the side, that the rest of the industry seems mildly, but not fanatically, for OS), this is gonna get nasty fast. It might have the side benefit of cleaning up the software patent mess, but it might be like Kruschov said about nuclear war: "The survivors will envy the dead."

Apparently most of you are predicting war - "bring it on." For my part, I'm still betting cooler heads will prevail.

My $.02 worth.

Posted by: IT_User   Posted on: 02/13/04 You are currently: a Guest | Members login | Terms of Use

Alert moderator to an offensive message

Subscribe to this discussion via Email or RSS

SponsoredWhite Papers, Webcasts, and Downloads

• Can your business work smarter? IBM Today, productivity is at a premium and IT budgets are at a minimum. Work ... Download Now
• VMware Infrastructure: A Guide to Bottom-Line Benefits VMware Frustrated by the costs of maintain ever larger data centers?or building ... Download Now
• The True Costs of Virtual Server Solutions VMware In an economic environment that is repeatedly heralding the message "do ... Download Now