Microsoft: Open-Source Violates 235 Patents

By Ed Oswald, BetaNews

May 14, 2007, 12:38 PM

Microsoft is using a new technique to combat the threat of open-source to its business: accusing it of using its intellectual property covered in some 235 patents.

The accusation comes from Microsoft chief Steve Ballmer and general counsel Brad Smith, who told Fortune the movement needs to "play by the same rules" that everybody else does and license the technologies it uses.

Linux's kernel is said to infringe on some 42 patents, while its user interface and design violate 65 more. The Sun-backed OpenOffice.org productivity suite infringes on 45 patents, and some 83 other patented technologies are said to be in other various Linux applications, according to the Redmond company.

Its not clear how Microsoft could press for legal action against those using its intellectual property. However, doing so could put it at risk of having to defend suits against technologies included in Windows, making legal action an alternative the company might want to avoid.

Smith told Fortune that Microsoft had considered donating the technologies to the development community, but decided against it as it wouldn't have been in the best interest of its shareholders. Lawsuits were not an option either, as it was trying to strengthen relationships with other companies.

In the end, it decided to cross-license patents, and has since signed deals with Novell, Toshiba, Siemens and others. However, with free and open-source software, there usually is no centralized body for the patent holders to sign licensing agreements with.

"The real question is not whether there exist substantial patent infringement issues, but what to do about them," Microsoft IP vice president HoraHoracio Guiterrez said.

In discussing the situation, Microsoft Watch's Joe Wilcox said the company does not necessarily need to sue anybody, just create enough "fear, uncertainty, and doubt" about open-source software.

"More importantly, Microsoft could use the tacit threat of a lawsuit as a means of keeping in line customers already committed to swap out Office or Windows for open-source alternatives," Wilcox surmised. "Microsoft might not sue a customer, but one booting Office or Windows is no longer a customer; they're fair game."

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By meb

edited May 15, 2007 - 8:59 AM

Good to see he's Ballmer is still beating the sad ol' drum.

In fact I might refresh a few memories where this started: http://www.eweek.com/art...2/0,1759,1729908,00.asp

You'll notice it states 'potentially' whilst Ballmer has decided to spin this as 'definitely'.

Thought he would have learnt from the SCO vs IBM case that they ain't going to win this battle.

Interesting... I imagine the likes of IBM could pull out there patent library and shut MS up pretty quickly.
IBM has already pledged Linux access to the patent library. (see: http://www.infoworld.com.../HNonlinepatents_1.html)
Add to that list CA, HP, Intel, Novell, Red Hat, and Sun Microsystems).

As long as it scares some clueless IT Execs, it has served its purpose.

Score: 0

By dhjdhj

posted May 15, 2007 - 5:55 AM

Hmmm, those DOS commands that have been around since the early days look very suspiciously like Unix (I'm thinking of things such as pipes, I/O redirection, as well as programs such as MORE, MAKE, etc).

Score: 0

By DudeBoyz

edited May 15, 2007 - 3:11 AM

I try to tell you people. Microsoft is EVIL.

Does their deal with Novell give them access to some of these patents?

Did their funding of SCO give them access to some of these patents?

Why ANYONE would give Microsoft Corporation the benefit of the doubt in terms of business practices is beyond me.

I wish the public and consumer bases were ballsy enough to stand up to them and put a stop to this type of crap. Sadly, people seem to be content to just let Microsoft get away with things like this. Folks buy their PC's that come bundled with everything Microsoft and they settle down like lambs being led to the slaughter. It's easier to just go along than to do what's right. What a waste.

Microsoft is going to use their massive money and power to bludgen folks into submission, through threats or maybe actual legal action. They have such deep pockets that they can ride out the storm, and it doesn't look like anyone is going to actually try to stop them.

They can drive company after company into the ground simply by outspending them on legal maneuvering. They can win other companies to their side by throwing money at them. After all, it's about the short term shareholder benefit, right? As long as Microsoft is giving them cash, who do they care who gets hurt? They just want to meet those quarterly goals so they can get their bonuses, or take a buy-out so they can get the benefits of their golden parachutes.

Sure do wish folks would wake up and see what a bad company Microsoft can really be. It's a bummer to see so many folks in denial.

Score: 0

By crashoverride

edited May 15, 2007 - 2:51 AM

Ok so maybe they are infringing. I'm sure that all the open source developers would be more than happy to modify their code (if only they knew what was infringing) in order for it not to infringe. Open source developers do not need or, much to Micrsoft's dismay, want anything resembling Windows or Office code.

Score: 0

By terminalx

edited May 15, 2007 - 10:51 AM

which is why the gui for several distros of linux looks like windows...and wine is a direct port of 2000

Score: 0

By crashoverride

posted May 15, 2007 - 2:48 PM

Looks like Windows does not equate to identical code and wine....well a true free software advocate wouldn't be caught dead using it.

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By unistyle

posted May 15, 2007 - 3:57 PM

Sure the code isn't the same.. but so many things in ubuntu, for example, look identical. It's sad that for a community that wants to separate itself from the evil Microsoft, that they choose to rely so heavily on Windows GUI ripoffs. Why not come up with something completely new and different to assist users in navigating linux? Seems like with all the trash talking going on, users would want something as far from Windows as they can get.. but that isn't the case. Who cares if isn't the same code, it looks exactly the same and executes the same functions.. I'm a linux user and i can even see that, but i just use it cause it's free.

Score: 0

By crashoverride

posted May 15, 2007 - 11:11 PM

The way I see it, if the GUI is too different from Windows most windows users wouldn't know what to do with it because let's face it, most Windows users are stupid. I don't use Linux because I hate the Windows GUI or because of the security issues(that comes with the PC territory). My use of free software is purely a matter of ethics of which Microsoft knows nothing of. The ethics thing doesn't apply only to Microsoft, but all proprietary companies. I may be wrong but it is my belief that many free software advocates feel the same way.

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By bksgs1

posted May 15, 2007 - 12:49 AM

M$ will never dare to sue Linux, because if Linux closes, whom will M$ copy from in future

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By terminalx

posted May 15, 2007 - 10:52 AM

MS copies Linux? In what world do you live?

Score: 0

By crashoverride

edited May 15, 2007 - 2:54 PM

A world where Microsoft buys or or sues the competition into submission. If they can't do either of those options they just rip off what they want to use. Later Microsoft gets sued themselves for infringing and they pass the cost of the fines and settlements onto their sheeple.
Oh and lets not forget anyone that partners with Microsoft usually ends up getting a knife in the back. Yeah, I think that about sums Microsoft up.

Score: 0

By divinelogic

posted May 15, 2007 - 12:47 AM

Funny, I wonder why Microsoft is still using the El Torito Boot Sector for booting Vista from the Disc, and using a variant of CD Shell for the boot-time GUI. If you examine the hex code, you can clearly see this. Even the directory structure proves it. Hello? What's the Boot subdirectory for? Where did it come from? Microsoft has never had such a directory structure with any other operating systems.

How can Microsoft claim Open-Source violates 235 patents when Microsoft is using Open-Source code in it's software? God only knows how much Open Source code they've really used, but as I said, it can't be denied or disputed that Microsoft has at least implemented a small portion of Open Source Code into Vista. As I said, they are still using the El Torito Boot sector, which was developed by a joint effort between IBM and Phoenix Technologies, and they are still using a variant of ISOLINUX, developed by H. Peter Anvin. Because the El Torito Bootable CD ROM specification is an extension to the ISO 9660 CD ROM specification, it is used by almost every company that develops operating systems. ISOLINUX is open source code without a shadow of a doubt.

If you don't believe me, do your research!
Microsoft, you just provided your own rope and have hung yourself. You stupid, arrogant, greedy, corrupt company!

Score: 0

By wincement

posted May 15, 2007 - 4:48 PM

How could a corporation be sued for using open source code? Isn't that the point? Open source? As long as they stayed within the licensing, there's no problem. Microsoft, on the other hand, has not made their software open source. So using features of their software without their permission would be a violation of their copyrights, if nothing else.

You make a very good point. But I don't see how that alone invalidates Microsoft's claim.

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By cap737

posted May 15, 2007 - 9:45 AM

0_0 ....damn...that was straight to the point

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By rsx508

edited May 14, 2007 - 9:17 PM

Score: 0

By Jegar48

edited May 14, 2007 - 7:43 PM

This whole things sounds like Joe Mccarthy screaming about commies in the US Govt in the 50s. There may have, in fact, been commies in the govt just like there might be a few patent infringements here. Crying I "know" there are 205 card carrying commies in the govt and we "know" there are 235 patent infringements really doesn't mean anything, the idea is to scare open source developers into "thinking" they might go after them.

It also reminds me of Apple going after MS in the 90s when windows first came out, the idea that you could patent "look and feel" didn't fly in the courts then, I doubt it will now.

Score: 0

By charlesshoults

edited May 14, 2007 - 3:49 PM

Infinite Number of Monkeys.

Intellectual Property typically protects the means by which a result was achieved, not the end result itself. For those who have been around, think back to the first IBM Personal Computers and then the Compaq Personal Computer. The Compaq developers weren't allowed to see the source for the IBM BIOS but were tasked with creating something that performed the same function, which is where we got the term IBM Compatible. Other developers are allowed to develop materials similar to those produced by Microsoft as long as they don't use Microsoft's code. Microsoft is pitching a fit because the Open-Source community is achieving the same goals that their own developers have put effort into and then giving away the capabilities for free. (GPL) Microsoft sees it as a threat and is simply lashing out. They've been doing this for years, attacking Apple, Sun and a number of other companies because those companies were able to produce software and tools that looked similar to their own.

The whole idea of being able to patent software is just absurd. Back to the monkeys. The infinite monkey theorem states that a monkey hitting keys at random on a typewriter keyboard for an infinite amount of time will almost surely type or create a particular chosen text, such as the complete works of William Shakespeare. The Monkey didn't see anything written by Shakespeare. It can't read. It doesn't even have a concept of who Shakespeare is. It was simply pressing buttons and by chance came up with the same result. That being said, if a non-Microsoft developer sits in front of a keyboard and has a conscious thought about how to arrive at a solution, then proceeds to type it out, good for him. If it turns out that someone at Microsoft already typed the same thing, who cares? The non-Microsoft developer didn't use any Microsoft materials to arrive at the solution so there should be no problem. If both developers used the same path to arrive at the conclusion, it should simply prove that it was the most logical path, so no foul. If Microsoft has a problem with it, they need to suck it up, move on and make something better. It's supposed to be a competitive market.

Score: 0

By bitslasher

edited May 14, 2007 - 6:53 PM

That is correct, but more specifically a patent can be rendered invalid if what it describes is "obvious". It can be said much of what they claim Linux of doing can be said to be such-- or Linux can probably claim prior art, since many advanced features of the Linux kernel were first developed *years* ago at various universities and research centers.

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By zridling

posted May 14, 2007 - 5:01 PM

What Charles said.

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By SorenMD

posted May 14, 2007 - 3:30 PM

Same old MicroSoftie trying to muscle competitors out of the market.

They have been doing it for decades, its just that they are getting more aggressive now that Open Source is a viable alternative and becomming even more so as software progresses.

Score: 0

By alphatrigon

posted May 14, 2007 - 2:50 PM

I was a little put back by this INITIALLY, then that only lasted about 5 seconds. You should support any company including MS if their claims are valid.
Open source this and that, it's kind of lame when an open source movement copies commercial code and thinks it can freely do with it as it wishes.
If MS can pay people or buy them for their tech, at least the same can be returned to them, no matter if they are the top dog or not.
I love MS :D

Score: 0

By smarterthanyou

posted May 14, 2007 - 3:10 PM

There is only one patent that Linux MIGHT have violated and that is the patent Microsoft has on the FAT filesystem and its variants. Otherwise, no Microsoft patents have been infringed upon.

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By PC_Tool

posted May 14, 2007 - 4:20 PM

You are *that* familiar with the Linux and MS code?

Really?

Somehow I find that a little hard to believe...

Score: 0

By smarterthanyou

posted May 15, 2007 - 3:18 PM

If you have any additional information about patents that Linux may have infringed upon, please feel free to share it.

Score: 0

By PC_Tool

posted May 16, 2007 - 9:51 AM

Wow.

Considering MS isn't releasing that info, how do you propose I do that?

That was the point I was making, after all. How could *you* possibly know either, eh?

Score: 0

By wincement

edited May 15, 2007 - 4:42 PM

Just because 'commenter A' can't name an infringed patent doesn't mean there isn't one.

I'll bet you can't name one bacterium living under your armpit, but that doesn't mean there aren't any. =p

That being said, I do believe this whole accusation is lame. Unless they're ready to name the patents, Microsoft shouldn't say something like that.

"Well, we won't tell you which ones. You just infringed on them. So stop it. ...infringing on those patents. ...that we won't tell you about. ...yeah..."

Score: 0

By dhjdhj

posted May 14, 2007 - 10:30 PM

Maybe it's Bill Gates :-)

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By Niro

posted May 14, 2007 - 9:05 PM

Well...he is smarterthanyou...:)

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By Silentmaster101

posted May 14, 2007 - 2:32 PM

so which memeber of the open source sommunity are they planning on sueing? seeing as they are not in employ of any single organisation, microsoft would have to sue them all one by one, if they could figure out who to sue for what part. and as far as i remember ip only covers source code, not what that source code does, so if it is something like a scroll-bar, then it is more than likely coded entirely different.

Score: 0

By advert

posted May 14, 2007 - 2:48 PM

How many of these patents would stand up to the Supreme Court's new standards, and a search for prior art? Probably (hopefully), not many.

It is unlikely they would follow SCO's path, since that would mean threatening to sue companies that probably use their products as well (and in much greater numbers). If they really have a leg to stand on, I could see them going after Red Hat.

It would be great if they sued SCO!!! ;)

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By Silentmaster101

posted May 14, 2007 - 3:05 PM

agreed.

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By Diam0nd

posted May 14, 2007 - 2:12 PM

I wonder how many Open Source (god bless) bits and pieces MS uses in its crappy a** software. Well, we'll never know, since there's no way to check coz ms is so uptight about its "intellectual (if theres such a thing there) property". But my guess, ms uses A LOT of open source in "their" products.

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By Scotch Moose

posted May 14, 2007 - 3:04 PM

That's why they want to cross-license instead of sue. I'd love to see what shakes out of Microsoft's products during discovery.

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By Onsoku

posted May 14, 2007 - 7:16 PM

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By Silentmaster101

posted May 14, 2007 - 2:34 PM

well i am sure that the open source community could turn right around and legally demand to see microsofts code. not that they would get anywhere as nobody has the resources to beat microsoft except governments.

Score: 0

By Paradise-FH-

posted May 14, 2007 - 3:33 PM

how exactly does one legally demand someone's code? you can't just go on a fishing expedition.

Score: 0

By dhjdhj

posted May 14, 2007 - 10:33 PM

You certainly can't go fishing, but there is a process called "discovery" - and you can absolutely do it if you have grounds to suspect that someone has copied your code, or you want to defend against such a claim, etc.
In some cases, to prevent unnecessary viewing (i.e, as a competitor, it may be unreasonable for you to be able to see someone else's code) a 3rd party "master" can be appointed by a court and they can see the info but won't disclose anything that's not relevent, etc.

In other words, it can be done.

Score: 0

By zenarcher

posted May 14, 2007 - 4:17 PM

Microsoft has announced this FUD over and over and over. Yet, they have never stated which patents have been violated, nor have they shown one shred of evidence to support their position.

Considering their corporate history, if they had any evidence to support their position, they would be in court with it and not just in the press room.

Score: 0

By Silentmaster101

posted May 14, 2007 - 3:40 PM

well you can demand to see the sections you are accused of infringing at least.

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By zenarcher

posted May 14, 2007 - 4:22 PM

Of course, doing so, might bring to light infringements Microsoft has made on material they don't own, too. It could well end up as a "shoot yourself in the foot," situation for Microsoft.

Score: 0

By Mystiqq

posted May 14, 2007 - 2:11 PM

I can already imagine what these patents are, probably includes gems like "scrollbars", or whatever fancy BS they use to describe it.

Microsoft might not be so much interested about suing right now but im sure these patents arent just for show.

Score: 0

By zridling

edited May 14, 2007 - 2:12 PM

Gather around kids, this is the true beginning of the end of Microsoft. Neither developers or users have a place for their software if the company's future is non-stop faux SCO litigation. If you buy any Microsoft software from this point forward, you're just handing it to lawyers and conservative judges who will use it to prevent innovation from developers everywhere.

Sad, but then, has Microsoft done anything right this century? If so, someone please fill us in. Meanwhile, that nasty colonic gas you're smelling is Microsoft's desperation; they're getting beaten on every front.

Score: 0

By PC_Tool

posted May 14, 2007 - 2:31 PM

Keep announcing the "End of Microsoft".

Sure, it's sad and pathetic. Yes, it's juvenile and pointless.

But hey, all things eventually *do* come to an end. If you live long enough (take that, Darwin!), you might actually get to be right for once.

Score: 0

By wincement

posted May 15, 2007 - 4:35 PM

ROFL...

This is why I continue reading the comments section despite some other posts that were probably written by a well-trained monkey (is that being too nice?).

Score: 0

By PC_Tool

posted May 16, 2007 - 9:45 AM

Who can blame 'em? Everyone wants a monkey.

A monkey with a sword...and armor...that can drive getaway vans.

Yeah.... Don't dis the monkey, man. :p

Score: 0

By Silentmaster101

posted May 14, 2007 - 2:37 PM

the only thing about mircosoft i see coming to an end with this, is their business strategy. that is assuming that their patent dispute is crap(or farfetched). and if they actually do have something, well then i wonder who they are going to sue, as the companies behind them are doubless not directly involved and thus protected from feedback.

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By PC_Tool

posted May 14, 2007 - 4:17 PM

Oh, sorry. I wasn't commenting on the article. My post was directed 100% at the OP.

But yes, you nailed it. It all depends on whether or not they have the patents, but even then...what can they do?

I suppose they can go after the RedHats, Mandrivas and Ubuntus of the world, but since that would require court, I doubt it will happen. MS won't survive without at least token competition.

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By zridling

posted May 14, 2007 - 5:00 PM

Spoken like a true fanboy. I noticed you didn't address the question. Microsoft isn't surviving, they're drowning against a piddly 4% market surge of candy-arsed Apple. With real competition, their stock would be junk status in no time. So please toolie, buy all the Microsoft stock you can — hurry!

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By PC_Tool

posted May 15, 2007 - 9:11 AM

Drowning?

WTH?

Where do you come up with this BS?

And...what question? The only one you asked was "What has MS done right this century", which is loaded and you've obviously made up your (is mind too strong a word here?).

Microsoft isn't surviving? Wow...must be nice living in Fantasy Land.

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By jspratjr

posted May 14, 2007 - 5:56 PM

"Microsoft Corp. today announced revenue of $14.40 billion for the quarter ended March 31, 2007, a 32% increase over the same period of the prior year. This revenue drove record profits."

Yep, drowning in cash...get real zridling.

Score: 0

By wincement

posted May 15, 2007 - 4:32 PM

lol

zridling = owned

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By billweh

posted May 14, 2007 - 1:47 PM

I think the article says it best

"However, with free and open-source software, there usually is no centralized body for the patent holders to sign licensing agreements with."

Every other company has to pay for patent infrignements and/or to use something on which there is a patent.

As the VPIP said - "what do to about them is the question".

The companies will probably settle - as for the open source stuff - something will be done, or else companies will just toss whatever they are in huge violations of into the "open source" market and claim that they are just charging fees for support, etc.

Score: 0

By The Dave

posted May 14, 2007 - 1:05 PM

Grasping at strings again....

Score: 0

By wav

posted May 14, 2007 - 1:47 PM

Make it 12 string and jam on a guitar. ;D

Score: 0

By Noremacam

edited May 14, 2007 - 1:00 PM

Microsoft are nothing but liars. There is no patent infringement; the open source community has been asking forever for Microsoft to show them the code that supposively violates their IP. It doesn't exist, and they know it. Microsoft has no intention of filing patent lawsuits. Their goal is to spread FUD(fear, uncertainty, doubt) about Linux to keep businesses from trusting in it to meet their needs.

This is Microsoft propaganda at it's best. The fact they get away with this stuff makes me sick.

More info on the link:

http://www.showusthecode.com

The reason they don't sue, is because if a software patent war broke out, people might finally wake up and realize how bad software patents are to begin with.

Score: 0

By KingMotley

edited May 14, 2007 - 1:38 PM

First, you are an idiot, as are the showusthecode.com people (you?). Copyright protects code. Patents protects processes. If you want to build a site that argues against IP, call it showustheprocess.com.

Really, a site that polls 8 year olds for a comment, how clever. "please shut up you big mouth", boy they must really be hurting to publish that.

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By Silentmaster101

posted May 14, 2007 - 2:43 PM

correct me if i am wrong, but for patenting, dont you need to disclose source code and stuff? like when you invent something you have to show how it works.....

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By Scotch Moose

posted May 14, 2007 - 2:43 PM

Wrong. Patents protect inventions. Inventions are tangible things like Blackberries or robots. You can put software in your invention, but until it is installed and running software is just mathematics.

As long as you sell pure software you are not selling a thing that can be invented or patented or infringe on a patent.

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By Paradise-FH-

edited May 14, 2007 - 3:47 PM

try again: http://en.wikipedia.org/wiki/Software_patent

it depends which country you bring the case to as well as which judge you get (remember Eolas?).

also: http://en.wikipedia.org/...ist_of_software_patents

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By Scotch Moose

posted May 14, 2007 - 4:21 PM

Since wikipedia is the "ultimate authority" this quote from the United States section of that article should resolve your confusion.

"The court essentially ruled that while algorithms themselves could not be patented, devices that utilized them could."

I realize now that this Microsoft PR offensive has been staged just for Dell.

Microsoft cannot do anything about people who want to write their own software. But a general purpose computer with Linux pre-installed looks and operates just like one those things described in their patents.

This is going to get more interesting.

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By Silentmaster101

edited May 14, 2007 - 2:46 PM

well acording to the law you are wrong. and currently i think i would listen to the courts opinions better than your own, as courts enforce laws and you don't, besides, before you put someone driving it, isnt a steam engine just physics?

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By Scotch Moose

posted May 14, 2007 - 3:19 PM

The patent office does not issue patents for pure software, math, or physics. All these so called software patents are descriptions of ways to use a general purpose computer.

No computer, no tangible thing, no invention, no patent.

Code, instructions, manuals, and accounts of scientific discovery are creative written works. They get copyright not patent.

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By Silentmaster101

posted May 14, 2007 - 3:40 PM

right, my bad.

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By guitardave78

posted May 14, 2007 - 12:50 PM

Ah the spirit of free enterprise. All you can do is laugh really! How insecure are Microsoft!

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By warlockba

edited Jul 30, 2007 - 3:18 AM

Well, one thing, many things in linux like Ubuntu, Fedora, etc look so identical with windows ... bad! bad! linux developers!
But then again, why is the microsoft windows a copy of the old Mac interface? Which was here to stay before windows? Because windows were here before the MS Windows.
But hey, if microsoft would find a way to make water, they should patent it! And make us pay for drinking it, and sue the other who drink from rivers ... is this right?
Oh, and not to forget, to yell, that other food infringes 235 of your water patents!

GG!

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