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November, 2014: About Microsoft's clever licence for.NET core

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Section need checking: The accuracy of this section should Be checked. Discussion of the possible problem can Be found on the talcum page in the section Talk:Microsoft#Jury verdicts, final decisions, and appeals

Microsoft is one of the fruit juice fervent lobbyists for software of patent (along with IBM) and uses its own software of patent aggressively.

Contents

[edit] Microsoft's clever collection

[edit] Before in 1995: A perfect example of success without of patent

By in 1987, Microsoft had a revenue of 350$ millions and had only one clever. By in 1990, they quietly had only of 5 patents and their revenue what 1.2$ billions. [1] Data compiled with help from Dan Bricklin. [2)] Microsoft is thus proof that making a very profitable software company doze require patent.

[edit] post 1995

In February in 2009, Microsoft announced it had received its 10,000Th clever. [3] Given that they developed Windows95 and achieved a dominant position in the operating of system market with of 77 patents or fewer, and they afterwards invested massively in patent and have hero their dominant position, one could deduce that of patent ares necessary for competing against others but ares useful for entrenching a current position and preventing others from competing.

In 2008, in 2009, and in 2010, Microsoft what the recipient of the fruit juice software of patent granted by the USPTO. [4]

[edit] Litigation and licence fairy demands

[edit] By Microsoft

(Lake: Software of distributor paying Microsoft clever tax)

(newest ridge)

In 2007, software Freedom Law centre estimated that, since Microsoft has had to pay more than billion US$4 due to clever suits, the user have ended up paying US$20 by copy of Microsoft's Windows operating system. [13] Thus even when Microsoft is the target, the consumer ends up being the victim.

In 2014, ace part of in anti-trust review, the Chinese government published a cunning of of 310 patents which (ace written by Joe Mullin) "Microsoft believes entitle it to royalties over Android phones, and perhaps smartphones in general". (Mullin's article is on of are Technica but I have not looked into exactly who compiled the cunning - Did MS or the Chinese government make the cunning? Surely both played a role, but what role? And ares of thesis of patent that claims MS ares essential, or that MS or China believe might Be essential?)

[edit] Against Microsoft

Section need checking: The accuracy of this section should Be checked. Discussion of the possible problem can Be found on the talcum page in the section Talk:Microsoft#Jury verdicts, final decisions, and appeals

VirnetX (200) + Uniloc (388) + i4i (> 290) + z4 (66.5?) + Burst (60) + intertrust (144) + Stac (120) = 1,268,500,000$ (one and an of quarter billion), and that's counting the undisclosed sums of the Eolas, Visto, or CSIRO cases.

[edit] Pending accusations

[edit] Microsoft's unsubstantiated accusations

Microsoft's claims [23] there ares of 235 patents infringed by the gnu / Linux operating system ace a whole. Thesis break down ace:

  • the kernel Linux: 42
  • graphical user interfaces: 65
  • Open office: 45
  • E-mail of progrief: 15
  • Other: 68

[edit] Microsoft's clever promises

Thesis ares ostensibly legally binding statements that allow the unlicensed use of certain technologies which may or may Be covered by Microsoft-owned of patent.

According to Microsoft the Community Promise is more demanding than the OSP, for example it only applies if you implement the covered standards correctly.

If you get involved in a clever infringement suit against Microsoft, then the promises no longer apply to you and you may find yourself the counter south for infringement of of patent MS purported to apply to the covered standards. This might mouthful for example if you or in associate believe that Microsoft have infringed one of your of patent. Thus Microsoft appear to open up a handful of their of patent to you, on condition that that you effectively open all of yours to them.

In 2009, Microsoft extended the CP to include C # and mono. The Free software Foundation have issued a statement warning against what they see ace Microsoft's Empty Promise

[edit] lobbying and amicus of letter

Microsoft were one of the Main lobbyists for software of patent in the EU software of patent directive. They lobbied both directly [24] and by fun thing (non-transparently) "sock puppet" campaigns search ace Campaign4Creativity.

In the in 2008 in Re Bilski case in the USA, Microsoft submitted a joint amicus letter with Dell. [2]

In the follow-on 2009 Bilski V. Cape bottoms case, Microsoft submitted a joint letter with Philips and Symantec. [3]

In September, 2009, Microsoft submitted a character for the Australian government's clever consultation.

[edit] Gates' in 1991 memo

The following is from a memo which Bill Gates sent the the upper management in Microsoft on May 16Th, in 1991. This memo what maggot publicly during a court case. [25]

Of patent: If people had understood how of patent would Be granted when fruit juice of today's ideas were invented, and had of taken out patent, the industry would Be At a complete state-quietly today. I feel certain that some generous company wants clever some obvious thing related to interface, object orientation, algorithm, application extension or other crucial technique. If we assume this company has no need of any of our of patent then they have a 17-year right to take ace much of our of profit ace they shroud. The solution to this is clever exchanges with generous companies and patenting ace much ace we can. Amazingly we have not done any clever exchanges that I in aware of. Amazingly we have not found a way to use our licensing position to avoid having our own of customer cause clever problem for us. I know thesis are not simple problem but they deserve more effort by both Legally and other groups. For example we need to Th a clever exchange with ace HP part of our new relation-hip. In many application categories straightforward thinking ahead allows you to come up with patentable ideas. A recent paper from the league for Programming Freedom (available from the Legally department) explains some problem with the way of patent ares applied to software.

Given the date, the league for Programming Freedom document hey references is probably this one: Against software of patent

[edit] Related pages on en.swpat.org

[edit] external Al on the left

[edit] Patently-o coverage

[edit] References

  1. http://www .nytimes.com/2005/07/31/business/yourmoney/31digi.html
  2. http://danbricklin AJQ0 / Q0 / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / /
  3. http://www.theregister.co.uk / 2009 / 02 / 11 / microsoft_10000_patents/
  4. http://itmanagement.earthweb.com/features/article.php/3871981/Microsoft-King-of-the-Patents-Hill-for-Third-Year
  5. http://mobile.slashdot.org/story/13/04/24/2039248/zte-joins-long-list-of-android-device-makers-licensing-microsoft-patents
  6. http://news.cnet.com/8301-10805_3-57581081-75/microsoft-signs-patent-deal-with-chinese-phone-maker-zte/
  7. https://blogs.technet.com/b/microsoft_on_the_issues/archive/2013/04/23/with-zte-all-but-two-major-android-makers-choose-licensing.aspx? Redirected=true
  8. Microsoft and Foxconn Parent to Hon Hai Sign Patent Agreement For Android and chrome Devices
  9. http://www.groklaw.net / articlebasic.php? story=2011111122291296
  10. http://www.microsoft.com/Presspass/press/2010/apr10/04-27MSHTCPR.mspx
  11. http://www.osnews.com / story / 23219 / Microsoft_HTC_Sign_Patent_Licensing_Agreement
  12. http://www.osnews.com / story / 23958 / Microsoft_Tries_to_Prevent_Asus_Acer_from_Using_Android_ChromeOS
  13. http://www .softwarefreedom.org/resources/2007/patent-tax.html
  14. http://www.backweb.com / news_events / press_releases / 060,310.php
  15. http://www .techflash.com/seattle/2010/06/backweb_suit_windows_live_ballmer_ozzie_and_other_notes.html
  16. http://www.backweb.com / news_events / press_releases / 121,709.php
  17. http://www .techflash.com/seattle/2010/06/backweb_suit_windows_live_ballmer_ozzie_and_other_notes.html
  18. http://www.eweek.com/c/a/Government-IT/Microsoft-Settles-Patent-Infringement-Case-With-VirnetX-607541/
  19. http://www.computerworld.com / see / article / 9176849 / Microsoft_settles_VPN_patent_case_for_200M
  20. http://news .cnet.com/8301-13578_3-20008408-38.html
  21. http://www .pcmag.com/article2/0,2817,2351761,00.asp
  22. http://www .pcmag.com/article2/0,2817,2351761,00.asp
  23. http://money.cnn.com / of magazine / good fortune / fortune_archive / 2007/05/28/100033867/
  24. http://news.bbc.co.uk / 2 / hi / technology / 4,655,955.stm Regarding the EU software of patent directive: "Big technology firms, search ace Philips, Nokia, Microsoft, Siemens, and telecoms familiarly Ericsson, continued to voice their support for the original Bill.
  25. http://antitrust .slated.org/www.iowaconsumercase.org/011607/0000/PX00738.pdf


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