Does Microsoft's settlement fever signal IP offensive?

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The Dangers of Software Patents

It seems to me that MS is settling into the idea of software patents always being a part of the computer industry landscape ? and it is trying to place itself in a good defensive position in light of this reality. It appears that MS feels that if it can gather enough patents, it would be very difficult for other companies to be unreasonable with it over their own patents, as MS would likely be able to threaten them with its own patents which their technologies would likely infringe on in any case. It seems to me that MS is doing what it is doing with patents, in part, as a way to bolster its ability to provide its customers the claim of strong IP legal protection. Something MS can claim OSS does not provide ? at least nearly as well as OSS distributors. The problem with this arrangement, is that it creates significant barriers to entry for entrepreneurial companies that would like to go into new areas like security. Unlike in the 80s and 90s when all you needed were essentially a computer, a good development package, and some good ideas and development skills, you now have to deal with expensive software patent litigation issues.

It seems to me when MS, Sun, IBM, and other large companies opt to adapt to the ?reality? of software and other IP patents in the computer industry, instead of lobbying Congress to stop the practice of issuing IP patents; they allow an environment to develop that creates a chilling effect for innovation to take place by individual developers and small companies. After a while, only large companies will have the inclination and wherewithal to innovate in new areas, while individual developers and small companies will have little choice but to work within frameworks provided by MS and other large companies, that provide patent protection for users of their software.

Posted by: P. Douglas   Posted on: 11/09/04 You are currently: a Guest | Members login | Terms of Use

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