title: MICROSOFT XML IS NOT FREE, FOR MICROSOFT link: https://onemoretech.wordpress.com/2009/08/12/microsoft-xml-is-not-free-for-microsoft/ author: lembobro description: post_id: 269 created: 2009/08/12 20:54:56 created_gmt: 2009/08/12 20:54:56 comment_status: open post_name: microsoft-xml-is-not-free-for-microsoft status: publish post_type: post

MICROSOFT XML IS NOT FREE, FOR MICROSOFT

Groklaw has the news: Microsoft has been permanently enjoined from further sales of Word after losing at trial to the holder of a 1998 software patent on “Custom XML”.

It is karmic that this happened to Microsoft, who bullies Linux with patent threats and just got an XML patent of its own on August 4th that could, presumably, be used against the entire market. How stupid do we have to be to grant patents on software? On software standards? This is what happens. Now do you see it?

As P.J. explains:

The issue is Custom XML, which is a Microsoft thing … The ODF folks tried to explain that it wasn’t a good idea, although for different reasons. ODF uses extensible metadata instead…

So MS got caught with their proprietary hands in the cookie jar and have now been whacked for it. Like P.J. says, this is a stark reminder of why software patents are bad.

As an engineer, I see a double irony here. Legal damages as the result of a (marketing driven) bad engineering decision.

(In addition to the injunction the court entered judgment against Microsoft for $240,000 in damages, together with post-verdict damages of $144,060 per day and interest of $37,097.32 to 5/31 and $21,102 until today. I’m pretty sure post judgment interest would be in accordance with the FRCP — that’s the Federal Rules of Civil Procedure)

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