Microsoft releases another XML spec

TalkBack 30 of 61:

Next »

« Previous

• Thread View
• Flat View

MS may actually benefit the industry

No_Ax_to_Grind seems to have been appointed, or appointed himself to be the MS apologist-in-residence and purports to represent the Microsoft line. So apparently the latest MS strategy is to use the patent system in direct opposition to the original intent of the framers, specifically to stifle innovation (despite Ballmer's constant protestations about "innovation").

The loophole here is created by the sheer flood of patent applications, the rapid advance of technology and the quotas on examiners that create a near impossibility to examine the claims in an application. The resulting situation is a huge stockpile of patents that would most likely to be termed wrongfully issued; that is, a critical examination of prior art would yield disclosure of that claimed invention or technology so near as to render the "non-obviousness" vacuous.

Now, according to NATG, Microsoft is deliberately undertaking a policy of patent filings, not to protect its own products, but for the express purpose of crippling open source standards and products. The question is, will that bring some of these patents into closer scrutinty, with an eye toward invalidating patents that have been wrongfully issued. We already have such an example, with the Eolas case showing a possible precedent.

Interestingly enough, the USPTO will no longer be a passive bystander in the contest. In its current architecture standardization and upgrade, PTO is looking to move heavily into Linux (following in the footsteps of the U.S. Courts). We might conjecture that PTO would be motivated to look more closely at some patents in the future, if their malicious use threatens the viability of the application or search systems.

But we need not wait that long to begin to test the limits on software patents. The Public Patent Foundation has long expressed concern with the trends in software patenting and the possible effects on that very economic engine that the patent system was established to promote. Noting that "roughly half of all patents issued by the U.S. Patent Office actually contain no innovation," the foundation has pondered cahllenging some particularly eggregious patents. Today, the opening salvo was fired, challenging the issue of a patent for the FAT technology, providing evidence that it was obvious.

http://www.pubpat.org/Protecting.htm

I am not predicting the outcome of this challenge, this is up to the PTO and possibly ultimately to the courts. But while MS intent was anything but, it may have "wakened the sleeping giant," to the overall benefit of the IT industry.

Posted by: IT_User   Posted on: 04/15/04 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

• Get top-ranked Novell support for Red Hat at 50% less Novell A simplified IT environment isn't just less complex, it's more reliable. ... Download Now
• Building the Virtualized Enterprise with VMware Infrastructure VMware VMware virtualization software has been adopted by over 120,000 enterprise ... Download Now
• Five Steps to Determine When to Virtualize YourServers VMware Server virtualization isn't just for big companies. Entry-level ... Download Now