Barnes & Noble Exposes Microsoft's "Trivial" Patents and Strategy Against Android - Polidicks

This is a [B]really[/B] long article, so I suggest you read it [URL="http://www.groklaw.net/article.php?story=2011111122291296"]here[/URL]. Here's some nice snippets to perk your interest: [quote]Barnes & Noble has done the world a tremendous favor, by pulling aside the curtain and revealing Microsoft's patent campaign tactics against Android in lurid detail. It reveals the assertion of "trivial" and "invalid" patents against Barnes & Noble and some shocking details about an "oppressive" license agreement that would have controlled hardware and software design features that Microsoft presented, thus limiting to what degree Barnes & Noble could offer upgrades and improved features to its customers if it had signed it, features it says none of Microsoft's patents cover. Microsoft worked so hard to keep it all secret, and I think you'll see why. It's ugly behind that curtain.[/quote] [quote]In July 2010, Microsoft first met with Barnes & Noble to discuss "patent issues" related to Barnes & Noble's eReader. Microsoft specifically alleged that Barnes & Noble's Nook[SUP]TM[/SUP] was infringing six patents purportedly owned by Microsoft. When Barnes and Noble asked Microsoft for more detailed information related to these patents, Microsoft refused, claiming that the information was confidential and could not be shared unless Barnes & Noble first executed a non-disclosure agreement ("NDA"). Because both the patents and Barnes & Noble's Nook[SUP]TM[/SUP] product are public -- meaning there was no need for an NDA -- Barnes & Noble refused to sign one. In December 2010, Microsoft and Barnes & Noble then met to discuss Microsoft's assertions of patent infringement. In this meeting, Microsoft claimed that its patents were sufficient to entirely dominate and control the use of the Android by the Nook[SUP]TM[/SUP] or Nook Color[SUP]TM[/SUP], but Microsoft again refused to provide the basis for these claims unless Barnes & Noble entered into an NDA. To move the process forward, Barnes & Noble agreed to a very narrow NDA -- one limited in scope to discussions relating to Microsoft's claim charts at this single meeting. In January of 2011, Microsoft then sent a proposed patent license agreement to Barnes & Noble. Although, as noted, the NDA executed in December was narrow and applied only to discussions of claim charts, Microsoft asserted that its proposed license agreement was confidential and subject to this NDA (which it is not). This proposed licensing agreement covered Barnes & Noble's use of Android on its existing eReader devices but is structured in such as way as to presume that Microsoft's portfolio of patents dominate, and thereby control, the entire Android operating system and any devices that use Android. Indeed, the proposed license would have severely limited and, in some cases, entirely eliminated Barnes & Noble's ability to upgrade or improve the Nook[SUP]TM[/SUP] or Nook Color[SUP]TM[/SUP], even though Microsoft's asserted patents have nothing to do with such improvements.[/quote]

Watch Barnes & Noble go under like Borders cause they ticked off the bully

[QUOTE=Jookia;33301769]This is a [B]really[/B] long article, so I suggest you read it [URL="http://www.groklaw.net/article.php?story=2011111122291296"]here[/URL]. Here's some nice snippets to perk your interest:[/QUOTE] Typical Barnes & Noble forcing us to [B]read[/B]

Some of the patents: [quote]The '372 patent was filed April 18, 1996. Very generally, the patent relates to an outmoded system for retrieving an electronic document like a webpage that includes an embedded background image, which may have a bearing on very old web browsers connected to the Internet via slow, dial-up connections, but has little application in the context of improved, modern Internet connections....[/quote] [quote]The '522 patents was filed December 13, 1994. The patent relates to a single, simple tool provided by an operating system (such as Windows) that allows applications running on that operating system to have a common look and feel. Since operating systems provide many such tools, the patent amounts to nothing more than a trivial design choice. In particular, and despite the fact that this concept is in the prior art, the '522 patent's method allows for the creation of tabs. The tabs are analogous to dividers like those found in a notebook or to labels found in a file cabinet, and allow the user of an application to navigate between multiple pages of information in the same window by clicking on the tabs....[/quote] [quote]On its face, the '551 patent purports to claim priority back to a November 10, 2000 filing date. Generally, the '551 patent relates to another simple and trivial feature that is not only disclosed by numerous prior art references, but is certainly not central to an operating system like Android -- selecting or highlighting text or graphics within an electronic document. The patent provides that a user selects a word or phrase, for example, by tapping on a touch screen display or clicking with a mouse. Such a selection may be shown by highlighting the selected word or phrase. The user is presented with "selection handles" on one or both ends of the selected areas. These "selection handles" can be moved by the user to highlight more or less text or graphics....[/quote] [quote]The '233 patent was filed December 7, 1999. Like the other Microsoft patents, the '233 patent relates only to one small feature that has long been present in the prior art and is not central to Android or any other operating system. More specifically, the patent generally relates to a method for capturing annotations made in an electronic document (like an electronic book), without changing the electronic document itself....[/quote] [quote]The '780 patent was not filed until May 6, 1997, long after the first web browser came to market. In addition to being late to the game, the patent is directed to a very simple and obvious feature -- a temporary graphic element or status icon that is displayed to indicate that a hypermedia browser (such as a web browser) is loading content. When a browser is intended for use with a portable computer system with a limited display size, the '780 patent notes that it is desirable to maximize the browser's content display area (the portion of the browser that actually displays a website, not the menus, toolbars, or buttons). Thus, the patent makes a trivial design choice and provides that the graphic element or loading status icon is to be temporarily displayed in the content display area of the browser as opposed to a separate space such as the browser's menu bar, tool bar, or a separate status bar....[/quote]

[QUOTE=Jookia;33302030]Some of the patents:[/QUOTE] I really feel that given the nature of the electronic world, software patents really shouldn't last very long

Oh Microsoft fuck off, will you? I thought you finally grew up out of pathetic patent bullshitting and left it for Apple and Samsung.

[QUOTE=Contag;33302108]I really feel that given the nature of the electronic world, software patents really shouldn't last very long[/QUOTE] They shouldn't exist at all.

[QUOTE=Awesomecaek;33302145]Oh Microsoft fuck off, will you? I thought you finally grew up out of pathetic patent bullshitting and left it for Apple and Samsung.[/QUOTE] This has been going on for years, they even killed off a Linux company in the process (Novell).

It's always the quiet ones..

It's sad that MS has to do this to stay relevant, in a world obsessed with tablets and smartphones which they have no real stake in, MS is becoming less relevant, and as soon as Windows is only for enthusiasts and high end workstations, they are gonna have some big financial issues.

[QUOTE=The Baconator;33302540]It's sad that MS has to do this to stay relevant, in a world obsessed with tablets and smartphones which they have no real stake in, MS is becoming less relevant, and as soon as Windows is only for enthusiasts and high end workstations, they are gonna have some big financial issues.[/QUOTE] Yeah, I mean, like, no one ever uses a Microsoft OS anymore.

[QUOTE=Jookia;33302030]Some of the patents:[/QUOTE] Looking at the filing dates I'm not surprised considering how Microsoft worked back then. Their lawyers still do stupid shit today, but in comparison it's not as bad. [editline]16th November 2011[/editline] [QUOTE=Awesomecaek;33302145]Oh Microsoft fuck off, will you? I thought you finally grew up out of pathetic patent bullshitting and left it for Apple and Samsung.[/QUOTE] If Microsoft didn't do the stupid shit, other companies will jump on stupid patents and then Microsoft will be sued. No one company can really back out of this stupid patenting shit because if they do other companies will take advantage and companies like MS would sorely lose in the long run. If the broken patent system would be fixed this shit wouldn't have to happen.

[QUOTE=Panda X;33303149]Looking at the filing dates I'm not surprised considering how Microsoft worked back then. Their lawyers still do stupid shit today, but in comparison it's not as bad. If Microsoft didn't do the stupid shit, other companies will jump on stupid patents and then Microsoft will be sued. No one company can really back out of this stupid patenting shit because if they do other companies will take advantage and companies like MS would sorely lose in the long run. If the broken patent system would be fixed this shit wouldn't have to happen.[/QUOTE] Microsoft owns patents, and can use them to defend themselves, but doesn't have to use them offensively. That's completely their choice, and is the problem everybody has with their actions. The post I sourced even shows why the patents themselves are invalid. I'm not saying the patent system is great, I think it's completely shit. But I don't think Microsoft is doing the right thing.

-snip, I'm dumb-

[QUOTE=ExplodingGuy;33303286]Then you'll complain when Apple steals the entire Android OS source code for their use.[/QUOTE] That's under copyright, not patents.

[QUOTE=A B.A. Survivor;33302856]Yeah, I mean, like, no one ever uses a Microsoft OS anymore.[/QUOTE] No one [I]will[/I] be using an MS OS in the future when everything they own runs Android or iOS. Only people who still need desktops for performance or games will. Laptops will be tablets with keyboard attachments.

[QUOTE=Jookia;33303303]That's under copyright, not patents.[/QUOTE] Aw crap, you're right.

[QUOTE=Jookia;33303247]Neither of those make what they're doing less bad or more okay. Microsoft has full control over the situation and is using their patents offensively. The post I sourced even shows why the patents themselves are invalid. I'm not saying the patent system is great, I think it's completely shit. But I don't think Microsoft is doing the right thing.[/QUOTE] I wasn't saying it was less bad or what they were doing was ok, nor was I trying to imply that or defend what they're doing. I agree with your edited post.

[QUOTE=Panda X;33303337]I wasn't saying it was less bad or what they were doing was ok, nor was I trying to imply that or defend what they're doing.[/QUOTE] I updated my post to reflect my thoughts a little better right before you posted that. I got the impression from your post that Microsoft was somehow defending itself by extorting other companies using shit patents, if that wasn't what you were implying, then I'm mistaken, sorry.

[QUOTE=Awesomecaek;33302145]Oh Microsoft fuck off, will you? I thought you finally grew up out of pathetic patent bullshitting and left it for Apple and Samsung.[/QUOTE] Are you kidding me?

wow MS way to be complete douchebags

Microsoft, stop pulling an Apple!

This made me realize something that I'm going to get a clockstorm for: Apple is a bunch of dicks. Microsoft is a bunch of dicks. Fuck it Google is the way to go.

[QUOTE=ewitwins;33304203]This made me realize something that I'm going to get a clockstorm for: Apple is a bunch of dicks. Microsoft is a bunch of dicks. Fuck it Google is the way to go.[/QUOTE] Google potential umbrella corp. Dicks.

Who cares, Umbrella is badass

[QUOTE=The Baconator;33302540]It's sad that MS has to do this to stay relevant, in a world obsessed with tablets and smartphones which they have no real stake in, MS is becoming less relevant, and as soon as Windows is only for enthusiasts and high end workstations, they are gonna have some big financial issues.[/QUOTE] Windows 8 will be a true crossplatfrom OS for PCs (and laptops), tablets and phones.

I hate intellectual property patents. And what makes it worse is that they can patent [B]anything[/B], even if it was something broad like Apple's new found locking screen patent.

[QUOTE=Unsmart;33305308]Windows 8 will be a true crossplatfrom OS for PCs (and laptops), tablets and phones.[/QUOTE] Due to the fact it's nearly a 50/50 like/hate with Windows 8, that's more of a wait and see thing in terms of sales, growth, and market share.

Windows 7 took a bit for me to get in to, but Windows 8 removed the start menu, which is where I tap out. I love my menus.

[QUOTE=Jookia;33307149]Windows 7 took a bit for me to get in to, but Windows 8 removed the start menu, which is where I tap out. I love my menus.[/QUOTE] You can just enable it again. There are many other reasons to go 8.