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Microsoft Sued Over e-commerce Patent | |
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| Time: 12:09 EST/17:09 GMT | News Source: InfoWorld | Posted By: Julien Jay | ||
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Online services company Network Commerce has been awarded a trial date in its patent infringement lawsuit against Microsoft.The software giant is accused of using the smaller company's technology in its Windows operating system, Windows Media Player and other products. Network Commerce, whose top executive is a former general manager at Microsoft, filed the lawsuit Dec. 6 in U.S. District Court for the Western District of Washington, said Anne-Marie Savage, a spokeswoman for Network Commerce. It was notified by the court last week that a trial date has been set for September 2003. "It's quite a process with all the discovery," she said, explaining the delay. The suit accuses Microsoft of infringing a patent on a method for selling software, digital music and digital video over the Internet, Network Commerce said in a statement. Specifically, U.S. Patent No. 6,073,124 describes a system that uses "separate servers and a download component to coordinate the downloading of digital content for online transactions," the company said. | ||
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| #1 By 5444 (208.180.130.201) at 3/26/2002 1:18:45 PM |
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So when was this patent filed for.
As I am sure that there were electronic delivery systems on Darpanet before it was available to the public. El |
| #2 By 135 (209.180.28.6) at 3/26/2002 1:37:31 PM |
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I've never been a big fan of software patents, especially ones which take common concepts and attempt to patent then solely because they use a new transport mechanism.
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| #3 By 3339 (65.198.47.10) at 3/26/2002 3:52:54 PM |
| One of the articles I had read seemed to suggest the patent had to specifically do with the SYNCHRONIZED download of DIFFERENT types of data. That seems far more specific and worthy of a patent than you all seem to suggest--at least in light of other recent patent disputes which wouldn't even show up on your radar if the suit wasn't against Microsoft. |
| #4 By 135 (209.180.28.6) at 3/26/2002 4:35:54 PM |
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Always count on sodajerk to make a hypocrite out of himself by defending any anti-Microsoft action. Good old jerk to the rescue.
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| #5 By 5444 (208.180.130.201) at 3/26/2002 5:00:43 PM |
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Unfortantly as early as 1986, there was syncroniization software out there. Some of the antivirus software would autoupdate back then.
Compuserve Software would autoupdate while you were online back then. So there has to be enough prior art to defeat this patent. Of course at 25 dollars an hour you paid for compuserve back then. it had better update;) And if they do win this lawsuit. it will all but kill off Linux in the consumer market as that is one of the new features that makes upgrading easier in Some of the later Linux distributions. El This post was edited by eldoen on Tuesday, March 26, 2002 at 17:03. |
| #6 By 1401 (24.74.52.178) at 3/26/2002 5:15:26 PM |
| I've been having some problems with my computer. Can I sue Microsoft??? |
| #7 By 3339 (65.198.47.10) at 3/26/2002 5:30:29 PM |
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When have I ever said that I am always right, Jagged. I keep asserting that I'm willing to be a bastard or a fool at times just to piss you guys off. All my comment said was this looks like a much more specific patent claim then you are affording it--it's not just about downloads or about synchronization (as eldoen suggests)... In other words, MS fans are such staunch protectors of IP rights, and the patent claims lately are ridiculous (I agree, just think this one isn't as outlandish), but can it be possible that MS DOES violate someone else's rightful patent rights? Just raising a question, you all, but apparently that means I am saying you are all wrong and I am always right.
How those SATs go, btw? |
| #8 By 3339 (65.198.47.10) at 3/26/2002 8:58:42 PM |
| You're pretty pathetic yourself, anon. Why don't you pick up an id and stick around for the ride I'll take you on. Maybe you don't know sh1t about this site, I don't know, so I'll let you know: I primarily work on Windows machines, I'd say about 65% of my time. In general, I don't like their products and I definitely do not like their business practices. I come hear to let you know that there is another perspective; I only posts on topics I can contribute to, and I do so vehemently. This site doesn't need any more simpleminded softy love so why would you want me to change. If you have such a strong and insightful opposition to some of my views, why not discuss it with me on a topic I care about. Not one that I did a one off comment on. If you have nothing to say or are going to spread foolish softy love, why not stay home and talk to your reflection in a blue screen. I think you are in serious need of some perspective. I don't give a sh1t about Sun, or Oracle, or AOLTW. I don't come here for respect, nor do I come here for some deep-seeded emotional reason. I try to post some info or an argument every time I post--unlike your masterful stoke of wisdom, that could be under any topic (particularly ones where I am arguing logically and decisively instead of ones where I post one or two brief statements) and doesn't say anything interesting. |
| #9 By 3339 (65.198.47.10) at 3/26/2002 9:07:02 PM |
| By the way, soda, how am I a hypocrite if I always am anti-MS? Are you saying that I'm a hypocrite for supporting a patent lawsuit? That's ridiculous--because our patent situation now is ridiculous now doesn't mean that all patent claims are ridiculous. Is that what you are suggesting? That no one should be able to hold patents? That we should all always be opposed to someone trying to sue to protect their patents. Come on. |
| #10 By 5444 (208.180.130.201) at 3/26/2002 9:49:17 PM |
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#15,
If that is the patent how is Windows Update even a issue with that. Perhaps the Opening a window with updates compared?? but if that is true than that patent would conflict with the other patent that is out there already in litigation. So now we have a patent in conflict with another patent. and that would have to be settled. And then AOL TW, Real Networks, and about 20 other companies would be in violation of this patent. Not to mention other delivery formats. Including Apple technologys. (quicktime for instance) El. |
| #11 By 2332 (129.21.145.80) at 3/26/2002 9:54:11 PM |
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Seems to me that the United States Patent Office needs a bit more expertise when it comes to determining whether or not an "invention" warrants a patent.
Synchronized download of different types of content? Last time I checked, the World Wide Web via HTTP could qualify as a violation of this patent. This, of course, isn't the only insane patent. One-Click patents from Amazon come to mind. I think patents originally helped protect truly innovative people from having their ideas stolen by others, now it seems to be a system abused at will because of an inept government running the show. |
| #12 By 135 (208.50.201.48) at 3/26/2002 10:29:01 PM |
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RMD - I believe discussions with the persons in charge of patents said they streamlined the process because of complaints, figuring that the ridiculous ones could be challenged in court fairly easily.
Which sort of makes it interesting, because the patent office is basically admitting to the invalidity of many patents, so having a patent doesn't really guarantee you much in a court case. |
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