A monkey was once tried and convicted for smoking a cigarette in Indiana
MICROSOFT MUST BE PANICKED that its recent loss in a US patent lawsuit could dampen the retail launch of its massively hyped Windows 7 operating system on 22 October.
Last Friday it filed a sealed Emergency Motion asking for a stay of execution following its loss on 11 August in i4i v. Microsoft, a patent infringement lawsuit covering Custom XML.
In that ruling, Judge Leonard Davis of the US District Court for the Eastern District of Texas, Tyler Division, issued both a Final Judgment for monetary damages totaling $290 million and a Permanent Injunction barring Microsoft from selling Microsoft Word 2003 and 2007, and Word for Mac 2008, or any similar versions, as of 10 October and while i4i's Custom XML patent remains in effect.
Microsoft is entitled to a stay pending appeal on the monetary damage award, if it posts an appropriate bond. However, under federal court rules there is no such automatic right to a stay of injunctive relief pending appeal, although courts will sometimes grant such a stay.
Obviously Microsoft will appeal both the judgment and the injunction, but it can't hope to get any sort of decision on appeal before the Windows 7 launch, and likely not for months or even years. It might obtain a ruling on its emergency motion before then, but i4i can be expected to oppose that and Microsoft might not prevail.
It appears Judge Davis was not positively impressed by Microsoft's behaviour in the case.
In his 65-page opinion, the judge said that evidence presented during the trial established that Microsoft knew of i4i's patent on Custom XML since it met with i4i's executives in 2001 and that it willfully infringed the patent in Word 2003 with the intention of burying the company in the marketplace. He wrote, "The trial evidence revealed that Microsoft's intention to move competitors' XML products to obsolescence was quite bold."
Judge Davis also tacked on $40 million in punitive damages, in addition to the jury's award of $200 million, as a sanction for repeated misconduct by Microsoft's lawyers during trial.
One has a hard time imagining that the Vole's attorneys can be looking forward to asking this judge to hold up this injunction until an appellate court can decide if he got it right.
So, how many people do you think are going to be keen to get Windows 7 this Autumn - in the midst of the worst economic times since the Great Depression - if they won't also be able acquire a copy of the full Microsoft Office suite including Word to go along with it?
Given its behaviour, this could not happen to a more thoroughly deserving company. µ
L'Inq
Groklaw
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"how many people ... are going to be keen to get Windows 7 ... if they won't also be able acquire a copy of the full Microsoft Office suite including Word"
MILLIONS- Stores will still be able to sell the stock they have of Office and Word. Secondly, there are very few if ANY that buy the Windows OS AND MS Office AT THE SAME TIME. It's even difficult to get someone to fork over an extra $80us for a discounted version of Office when they buy a new pc.
Office will have NOTHING to do with sales of Windows 7. You're just trying to come up with another article to bask Microsoft and it is pretty transparent.
its times like these that im glad i use open office
Yes not being able to buy Office as well as Win7 oh no boohoo.
Hell most domestic (and a lot of commercial) people only upgrade an office suite either when their current version from 8 years ago no longer does something they need or a mate gives them a 'no questions asked copy'.
Office is by no means an 'essential' purchase. Wont spoil my Win7 day!
are there really people out there that are excited by the forthcoming release of an O/S? and that are dismayed when complications occur?
maybe they should be curfewed for the good of the rest of us....
at least take them on an on outward bounds course to broaden their horizons!
I was reading the ruling by the judge, it sounds really odd... I think Texas needs to change it court system! for any programmer out there you know the Patent i4i has is misleading and besides it doesn't even relate to XML (nor it mentions it) and if it does it should be voided...!
Now the main question comes in why did these companies wait for so long and why do they only sue Microsoft?
Same goes with i4i, OpenOffice and Apple's software use the same 'technique' and Microsoft and yet there weren't sued... !
... Its all about money! the question is when will Apple and Opensource community be sued..
Just read the Groklaw article, given that OOXML submitted by Microsoft breaches i4i patent can they
a) sue Microsoft for including their technology without their consent in an ISO standard
b) sue the ISO failing to check that Microsoft had included someone elses IP
c) can the countries that objected to the ISO about OOXML go back and have the standard dropped as Microsoft did not declare the patent dispute (not the actions of an honest and open company)
Opportunity Knocks:
Wait until opportune time. Take millions from Microsoft. Advance to Park Place.
(Your 15 minutes are up i4i.)
I can see why some little people might need office software but its the last thing you need in an office.
I suppose that's the sign of great salesmanship - sell people something they don't need and cant use, and then sell them it again, and again, and again.
I really don't think that people will buy a new computer for $XXX.00 and then buy the Office Suite for another $xxx.00 at the same time.
It is obvious this so called judge was bought, nor does he allow free speach in his kangaroo court.
Microsoft worked hard to break software out for Public, creating their own source code from Cobol, by working closely with Intel with Developement of x86 platform. Basicly, Hardware today is approaching 1964 & software 1969 TS Standards in US. Compare THAT to Your World Coordinates to Zero, if Never Brought OUT. Its BIG Problem. Microsoft was formed by peoples of Exploitive & even heinous nature, using Data for some real Crude.
Through vast investment with Microvole, General motors company been brought to its knees, yea-Flat Out on Floor, count up to 7.
Slowly Enemies on "True" basis accumulate & market retaliates in Less, Less, & Less. Less is Less.
Will Microsoft go Under, ALL Software simply turned off at ?radio station, One bright morning or is this Internal Thievery?
Combining Microsoft products on Platform is Best idea, yet audiunce is getting tired.
Final Solution may be Anos nature of ibm tax forms & something called world wide genocide, except its located in your home, area & State, No where else.
vondrashek
Yes, open sauce... the stuff that gave us GIMP - a program that used to be unable to save GIFs and is still unable to render text as well as it could if it wasn't for the real world getting in the way.
As for Microsoft getting another hammering, I'm astounded that no one has blamed the EU or Opera. They usually do whenever the Vole earns its place on the naughty step.
I suppose the additonal $40 is the judges cut?
Like I care. OpenOffice deos everything I need and doesn't cost a cent. I don't experience any performance problems like others claim either, not sure if its down to running quad core or because I run and SSD but opening it is instant.
There is no valid reason for me to PAY for office when theres a free perfectly legal alternative that's compatable with MS Office formats.
For home use OpenOffice obsoletes not just MS Works but to me, ME Office as well. Can't argue with free.
I love the people commenting how bad they believe an OS is before they use it or even those who have not used it.
I am running Windows 7 ultimate and I have never had a more perfect install out of the box than this. Thats not hype thats fact. It found every component of my PC from my video capture card, mouse, graphics card, printer, scanner, etc. I did not have to search and find a single driver to download. Simply the best install I have ever experienced with a Windows OS. Its also very fast and been completely stable. No problems. Now some games did require I use admin level rights to install them but thats fine. Windows 7 is excellent it will make you forget about Vista even though that was good 7 is much faster and more responsive and its definately better than XP already.
Simply put I believe Windows 7 is the best OS to come out of Microsoft period!
Will it take market away from the people who like Linux. No we all like linux for various reasons even I like it for certain things. To the average person though they will take Windows 7 over everything else.
This will certainly chew up and spit out those overpriced Apples.
I also use Open office and recommend it to those who cant afford Microsoft office but when you really get into it Microsoft Office is significantly better than Open Office but the typical user wouldn't ever experience this and Open Office would certainly serve their needs quite well.
One of Microsoft's reason for not breaking up the company was that they are innovative. This trial action proves the opposite. MS tries to get away with murder. Always remember that the European Commission smacked MS in the face. The whole driving force was innovation. In the meantime MS gobbled up companies, software and people. This time they hit a company that was not scared. Who would be Windows 7, if there is a chance that it might be shutdown because of illegal software in it. Always remember it started with a rumor.
lol who buys office and windows at the same time.. probably not alot of people.
not much of an issue, either way its probably better to upgrade to office 2010 in february or whenever they release that version.
also this looks like a small patent troll, trying to hold the big 150pound gorilla thats Microsoft hostage.. wonder if theyll get stomped into the ground..
Who buys Windows and MS Office full stop?... You just acquire them, catch my drift.