A small San Jose, Calif., company said it has been granted a preliminary injunction preventing Microsoft from incorporating a patented networking method into future versions of Windows.
Alacritech said Wednesday that the injunction blocks Microsoft from using its Chimney architecture, which Alacritech said Microsoft plans to include in both a "scalable networking pack" for Windows Server 2003 and in Longhorn, the next version of Windows. Microsoft's Chimney software provides support for hardware that accelerates networking using the TCP/IP standard, which underlies the Internet and countless private networks. Microsoft designed Chimney to minimize compatibility issues with existing computing technology.
News source: C|Net News.com
Alacritech said Wednesday that the injunction blocks Microsoft from using its Chimney architecture, which Alacritech said Microsoft plans to include in both a "scalable networking pack" for Windows Server 2003 and in Longhorn, the next version of Windows. Microsoft's Chimney software provides support for hardware that accelerates networking using the TCP/IP standard, which underlies the Internet and countless private networks. Microsoft designed Chimney to minimize compatibility issues with existing computing technology.
News source: C|Net News.com
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Just because there a two patents titled "protocol processing stack for use with intelligent network interface device.", shouldn't mean that other companies cannot develop something that does the same thing.
right.
Are Ford gonna sue Toyota, MB, Ferrari?
Just because you have an idea doesn't mean someone else shouldn't be able to implement it, if they come up with the solution themselves.
As long as patents on ideas (rather than just on actual work) are granted, patents can prevent people from even developing anything based on a patented idea.
BTW this leads me to a question: if you were only able to patent the stuff you've actually developed (eg. code when it comes to software) instead of concepts and ideas, what would be the difference between that kind of patents and copyrights?
I think Apple somewhat dented their chances on that by nicking their entire interface off of Xerox in the first place (yes including the trash can)
No they didn't. They paid for the ideas, and most certainly did not make an exact copy.
Apple UI history
I can promise anyone here that if MS had patented this networking idea that they would certainly be sueing the pants of anybody that tried to use it without their permission, why should the company that holds the patent be expected to behave any differently?
Note, software patents are a bad thing regardless.
A company sued Microsoft for using Auto-Play to run code when a CD is inserted. They had a paten from the early 90’s which claimed that “imitating a process when media is inserted” (pulling that out of memory so it might not be word for word) was their intellectual property. My first reaction to that was “ummm guys… I think anyone who has ever made a VCR can claim prior implantation to that idea.”
Another company sued Microsoft because they were awarded a patent for “transferring software updates to a product using public networks (the internet) as the transfer medium” (again, that is coming from memory). It is like come one guys. Anyone with a brain knows that MS didn’t copy your idea when they came up with Automatic updates; they used what is the painfully obvious way to distribute updates now that the internet is so dominate.
A company sued Microsoft for using Auto-Play to run code when a CD is inserted. They had a paten from the early 90’s which claimed that “imitating a process when media is inserted” (pulling that out of memory so it might not be word for word) was their intellectual property. My first reaction to that was “ummm guys… I think anyone who has ever made a VCR can claim prior implantation to that idea.”
Another company sued Microsoft because they were awarded a patent for “transferring software updates to a product using public networks (the internet) as the transfer medium” (again, that is coming from memory). It is like come one guys. Anyone with a brain knows that MS didn’t copy your idea when they came up with Automatic updates; they used what is the painfully obvious way to distribute updates now that the internet is so dominate.
now if that was someone else doing it to microsoft they would be getting their arses sued off and probably be forced to close down or drop their development of the project. why is this any different? better yet, why should microsoft be treated any difference.
the company who own the patent offered microsoft licensing terms under which they could use it, so microsoft have no way of saying they didnt know. as long as alacritech own the patent, microsoft should drop it, accept the licensing terms or get a new idea. patents are a bitch and i disagree with them, but big companies blatently ignoring the law and pissing on the little guy is just crap imo.
Last edited by 10354 on 13 Apr 2005 - 23:03
Nothing was stolen here; this is another example of patent abuse. Claiming that making a TCP/IP network more effecting is intellectual property is pretty dumb.
Now, if MS somehow stole their code or specific aspects of the innovation that is another story, but this article does not imply that at all.
This is kind of like me patenting the idea of making cars faster, then suing GM because they mad their 6th generation Z06 faster then their 5th generation. The difference is that everyone understands my faster car example is ludicrous; whereas the people at the patent office don’t understand high-tech well enough to tell the difference between true innovation and evolution.
microsoft's moto is why innovate when you can renovate. examples dos, windows
"The technology was invented independantlly", yeah by the other guys
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