On Saturday 24 February 2007 12:51, Damon Register wrote:
> As much as I dislike MS, I still want to see justice and fairness.
> When you are finished laughing, can anyone explain this?  I have read
> the link and others but I must be missing something.  If MS paid
> Fraunhofer what's the beef?  Alcatel-Lucent thinks the money should
> have been paid to them instead?

I think it shows the wisdom of Novell's and other distros' decision to tread 
warily in this crappy software patent stuff.  The only sensible thing is to 
go for free formats, and if anything good comes out of this debacle it will 
make companies put this higher up the priority list.

Basically, Fraunhofer was taken to be the licensor, since it had the patent on 
the compression technology, so they were the ones everyone paid.  But Lucent 
also claimed a patent on some part of mp3 (I don't know whether it was the 
compression or something else), and decided to sue Gateway and Dell for 
damages, in that they were providing equipment that allowed people to listen 
to mp3s.  Microsoft stepped in, on the basis that it was their software that 
was actually playing the mp3s, and Alcatel took over the suit when they 
bought Lucent.  Microsoft has now been told to pay $1.5bn to Alcatel-Lucent, 
which is indeed a bit unbalanced, since they only paid Fraunhofer $16m for a 
license.

I actually sympathise with Microsoft here - they paid whoever it was they (and 
the world and his dog) thought they should pay here, and then someone else 
comes out of the woodwork to claim 100 times that.  Who's to say there won't 
be more patent-holders appearing, each looking for some dosh?

So Software Patents Are A Bad Thing, only free formats offer a pain-free way 
of delivering or listening to multimedia, US courts sometimes (always?) give 
peculiar judgements, and poor old Microsoft needs to spend more money on 
lawyers.  I wonder how long it will be before big companies (they're the ones 
who actually make the juiciest targets) conclude that software patents are 
more bother than they're worth, and start lobbying against them?

-- 
Pob hwyl / Best wishes

Kevin Donnelly

www.kyfieithu.co.uk - KDE yn Gymraeg
www.klebran.org.uk - Gwirydd gramadeg rhydd i'r Gymraeg
www.eurfa.org.uk - Geiriadur rhydd i'r Gymraeg
www.rhedadur.org.uk - Rhedeg berfau Cymraeg
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