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Patent fight shadows Microsoft lawsuit

malebolgia   on 16 October 2003 - 16:17 · 6 comments & 599 views

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A fight over an obscure content-protection patent could wind up alleviating one of Microsoft's biggest legal headaches, according to digital rights management company Macrovision, a newcomer to the tussle.

Macrovision is sparring with rival InterTrust Technologies over patents each holds on similar digital rights management technologies--similar enough that the United States Patent and Trademark Office agreed several weeks ago to decide whether the two companies' patents actually refer to the same thing, and whether just one company should hold the rights. The Patent Office scrutiny, called an "interference proceeding," was requested years ago by InterTrust, which is also suing Microsoft for patent infringement. InterTrust contends that virtually all of Microsoft's key software, ranging from the Windows operating system to its Media Player, trespasses on its content protection patents.

But now Macrovision claims it could inherit a large portion of InterTrust's intellectual property if it wins rights to the single contested patent. And if that happens, it isn't nearly as interested in pursuing lawsuits against Microsoft, said Brian Dunn, executive vice president at Macrovision. "We have a friendly relationship with Microsoft," Dunn said. "Our goal is to get everyone to come to an agreement on patent licensing, in order to move the market forwards." The claims and counterclaims flying between the two digital rights companies are extreme even by the normally contentious nature of the digital rights management business. And their descriptions of the possible outcomes of the proceeding are so varied that they seem to be talking about different issues.

News source: C|Net News.com


But the firm added that "significant barriers exist" which may prevent reliable exploitation outside controlled lab conditions.

ISS said that Microsoft has not yet released a patch for the vulnerability, and urged network administrators to assess external exposure to vulnerabilities associated with Microsoft services running on ports 135, 137, 138, 139, 445 and 593 on both the network perimeter and VPN connections.

Speaking at Microsoft's Partner Summit in New Orleans last week, chief executive Steve Ballmer criticised security researchers and their methods of disclosing vulnerabilities early.

"These are people who discover vulnerabilities, and it's part of their job to go public with them," he said.

"What we have done over the last six months is intersect with them to make sure disclosure is done in a more responsible way. I wish these people would just be quiet, but that's not going to happen."

ISS countered that it had speeded up disclosure of the vulnerability because tools are in circulation to demonstrate the DoS condition.

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(2 replies) #1 Tartan on 16 Oct 2003 - 16:26
Dang - you know I hate micro$oft, and I like them getting sued for millions on the odd anti-trust issues etc, to keep them in line.....however they must getting tired of all these lawsuits all the time, I mean geez.
#1.1 Tews on 16 Oct 2003 - 20:02
Id be willling to bet that you cant come up with 5 VALID reasons why you "hate" MS... or are you just one of the blind lemmings that "hate" whats in Vouge.... The computing world would be nowhere close to what it is today without MS....
#1.2 Tartan on 16 Oct 2003 - 20:09
That shows limited intelligence Tews, if you read my post I am actually sympathising with Micro$oft here. Yes I could come up with reasons why I don't like them, but I don't despise them either. After all I am still using their products. Any company that makes billions like they do, needs to kept in check, and the goverments anti-trust lawsuits etc, help towards that end. However a line does have to be drawn somewhere, silly lawsuits like these are just stupid.
#2 idbuythatforadollar on 16 Oct 2003 - 18:33
lol yeh, they prolly have a complete office dedicated to pending lawsuits
#3 Arkayz on 16 Oct 2003 - 18:57
Just imagine all these small companies with their small army of lawyers planning on suing MS so they too can live off the Microsoft teat.
#4 Tews on 17 Oct 2003 - 13:55
No.. that shows you limited ability to express scarasm....LOL

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