Microsoft Sued Over Windows Update

[jsloan]

the patent system is broken, the charges or giving patents, charges for patent disputes, so it has no insentive for fixing it, it basically settled by the coarts. what did you think it was only our financial system that was broken, corrupt, ect...

 

[jsloan]

one more point, you can't patent an idea, here is from ipwatch faq

"Unfortunately, despite what you may have heard, there is no effective way to protect an idea through intellectual property law. Copyright protects expression and patent law protects inventions, and neither protect ideas. In both cases the idea is the first critical step, but without some identifiable embodiment of the idea there can be no intellectual property protection"

the thing is it throws the dispute to the courts where the parties settle. so microsoft will settle because it will be cheaper than fighting it to win. since most business do this, it ends up with a system that really ends int the courts and ends up costly, think of the products that you buy and their cost and all the pennies in those costs being paid by companies because they settled. it adds up... so the scammers continue.

 

[elyan]

First Let me state that I do not know if Isreal is 1 of the Multitude of Middle Eastern Countries that have just been granted the ability to use Windows XP (Seeing as how many are under an international Embargo of Software and Hardware and limited to Windows 98 (India, Pakistan just to name a few)) Secondly if you read the Filing you would see that these are patents on software developed in Isreal, but patended in the US under the corporations office in San Jose, CA. so therefore it is not a "patent house" as refered to previously secondly it is a Legal binding US Patent. Therefore they have every right to pursue injunctive action aganst M$ IMO.

 

[jsloan]

[citation][nom]elyan[/nom]secondly it is a Legal binding US Patent. Therefore they have every right to pursue injunctive action aganst M$ IMO.[/citation]

in how the laws are implementated that's an empty statement, anyone can sue anyone, for anything, the courts determine legality. its also well known that us patent system is broken and regularly abused. company's like microsoft, sun, ect are sued all the time and are sueing all the time, it's a part of doing business, setting a case does not imply legal justice, correctness, ect, it's often just a business financial calculation, it will cost me x to fight it all the way and x - y to settle it, so if its cheaper to settle it, then settle it. regardless of legal precedence. just because you have a patent does not mean you will win, or are correct to have that patent, the patent office give out patent in exchange for $$$, they have a financial insentive, like us financial products rating agencies to give ratings, to give patents, they get money, if they didn't give them and passed the problem to the courts, then they would not make as much money as they do...

 

[Shadow703793]

Seriously, why even patent software? Makes sense for hardware, but why software?

 

[Guest]

Bull crap stuff. Everyone is picking on Microsoft. If I came up with something that I can utilized and someone comes along and tries to sue me for it. I'd Smack them in the face!!. then I wont mind paying for a lawsuit because I've already gotten my LICK!

 

[tonitelaoag]

patent now is a big business there, it is increasing everyday, it makes me sick that the court is use as a collector for anything that makes money. democrazy

 

[megamanx00]

That's a crap patent. That would cover bit torrents with a GUI, Internet Communication, and just about all update software. Heck I can even see the EFF trying to shoot this patent down since if it stands they could target every Linux distribution that gets updates online. I hope this company goes down in flames

 

[eklipz330]

i think City University of New York is creating a new career opening for inc freshmans.

its called suing. its the way of the future! i sue you for putting your candy wrapper in my garbage! i sue you for putting garbage in the recycling! i sure you for not recycling efficiently!

 

[matt_b]

[citation][nom]bourgeoisdude[/nom]Why wait EIGHT YEARS to file suit?[/citation]
Because times are tough NOW! This appears to be a common thing these days towards the cash cows.

 

[DXRick]

I just scanned through the linked PDF file, that includes their patents. Basically, they managed to "patent" the concept of transmitting files between a server and a host computer in a background process that monitors total traffic over the connection to give such transmissions lower priorities than higher priority transmissions.

It reads like a general design and includes diagrams outlining the components of such a system. They even mention using TCP/IP and other public domain protocols to do this. They use existing technology to monitor the resources, existing database technology, etc.

How they could patent such a general software concept, that has many applications on the internet, is beyond me.

 

[Niva]

[citation][nom]megamanx00[/nom]That's a crap patent. That would cover bit torrents with a GUI, Internet Communication, and just about all update software. Heck I can even see the EFF trying to shoot this patent down since if it stands they could target every Linux distribution that gets updates online. I hope this company goes down in flames[/citation]

That's exactly what I was thinking. I think the patent will be shot down because there was clearly automaticaly updatable software before this patent was granted. Sucks for Microsoft that everyone wants their money so much though.

 

[Guest]

Zeesh seems like everywhere Microsoft does business outside of the US they get sued to try to take away the money they make.

 

[n3ard3ath]

[citation][nom]lukeiamyourfather[/nom]Software patents were a horrible idea, this is exactly why. There's a bit of satisfaction though since Microsoft has been patent trolling with others like TomTom. What goes around, comes around.[/citation]

That's exactly what I though, good point.

 

[kingnoobe]

Its simply the same reason WWE got sued for using WWF. The WWF obvously knew about WWE for a long time.. Its simply because they can. And of course their gonna wait for the optimal time for them to sue.

 

[bin1127]

it takes 8 years for the israelis to forge past documents to prove they created the tech.

 

[midnightgun]

"Method and apparatus for transmitting and displaying information between a remote network and a local computer."

So basically any hardware and software in use that transmits data over a LAN, WAN or Internet is covered.

Alright people, where is your payments to Backweb technologies

Just sending this post probably includes at leasy a dozen devices covered by this patent, including computer / service / noc / switches / routers / Fiber links / and all the software to make it work.

 

[pocketdrummer]

I can almost guarantee it will be dropped in court. For all those rooting for the little guy, have fun downloading all your update manually from a terribly laid out website... if you even know what to download. Patents are retarded.

 

[neiroatopelcc]

I suppose microsoft could countersue these people for not informing them of that infringement earlier. imo the israeli company should pay for damages caused by revising bits in all applicable situations in case they win the case.

It's a bit like the local planning office waiting to stop a skyscraper building processes until it has been completed and people have moved in.

 

[demonhorde665]

holy sh-- if one of these retraded patents ever wins a case actually it will set main stream computing back by so many years it aint funny either than or give MS cause to charge even more for thier os's ... THis is freakign retarded and i hope these guys lose , thye obviouslya re just another one of those companies that aptents ideas that ahve been in use for years , i mean geezus christ waht next some one is going to aptent downloading altogether ??? , windows updates is jsut anotehr form of downloadign any way .. why not jsut patent downloading altogther and say that every web page taht ever exsisted owe you money ???