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Friday, July 25, 2003 |
Microsoft's Patent Problem, by Roger Parloff, Fortune.
Last month, when Microsoft announced its bellwether decision to
award
employees restricted stock instead of options, it also made news in a
federal courtroom - the kind of news you keep quiet about.
Microsoft suffered utter defeat at a crucial pretrial hearing in what
appears to be the highest-stakes patent litigation ever - one in which
a tiny company called InterTrust Technologies claims that 85% of
Microsoft's entire product line infringes its digital security
patents. . . . .
InterTrust's engineers developed and patented what they say are key
inventions in two areas: so-called digital-rights management and
trusted systems. The technologies are essential to the digital
distribution of copyrighted music and movies, and to maintaining the
security of e-commerce in general. At its prebubble height, InterTrust
(founded in 1990) employed 376 people and marketed its own software
and hardware products; today it consists mainly of a patent portfolio,
30 employees, and this lawsuit. An investor group led by Sony Corp. of
America and Royal Philips Electronics bought the company in January
for $453 million, hoping to convince consumer electronics and tech
companies—beginning with Microsoft—of the need to license its patents.
Microsoft argued in court that crucial phrases in InterTrust's patents
were too vague to be enforceable, and that others required such narrow
interpretation that they would have been hard for Microsoft to
infringe. But in her July 3 ruling, an Oakland judge resolved 33 of 33
disputed issues against Microsoft and rebuked the company's lawyers
for wasting her time by promising proof that never materialized—legal
vaporware, in essence.
. . .
As agreed before the hearing, the parties now enter a round of
settlement talks. Though InterTrust declines to place a pricetag on
the suit, it's hard to imagine the company settling now for any sum
that does not have a "B" in it. InterTrust claims that its inventions
cover technologies that Microsoft has been weaving into its Windows XP
operating system, Office XP Suite, Windows Media Player, Xbox
videogame console, and .NET networked computing platform, to name just
a few. If settlement talks fail and InterTrust prevails in court, it
would be entitled to a court order halting sales of all those
products. InterTrust CEO Talal Shamoon asks rhetorically, How much
would that be worth to Microsoft?
See, also, earlier coverage:
Can This Man Bring Down Microsoft?
4:02:51 PM
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>From yesterday's Benton Headlines:
POETRY WEBSITE GOES FROM BAD TO VERSE
David Rea, a programmer from Greenwich, Connecticut, has developed a
website
to see if poetry can "evolve" from a random collection of words. Rea started
his "Darwinian Poetry" site by generating 1,000 poems, each containing four
lines of randomly selected words chosen from a pool of 30,000 possibilities.
When users visit the site, they are presented with two poems and are asked
to vote for the better one. The chosen poem "survives" and continues to
evolve with words added or subtracted, while the losing poem is "killed
off." The newly evolved poems are then put up for a vote, and the cycle
repeats itself. With thousands of users visiting the site, Rea says that the
random collections of words are beginning to evolve into actual poetic
structures, but the eloquence of the current generation of poems remains
debatable. For example, a test of the website this morning generated the
following: "Distill jumbled little sifting millstones /
Shield to the further fueling / Old but of interfere unfinished in the."
New Scientist, Duncan Graham-Rowe
Darwinian Poetry:
http://www.codeasart.com/poetry/darwin.html
11:02:05 AM
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Lots of Programs in Can for 'ETV'. Interactive TV, Enhanced TV -- call it what you want. But after 20 years of false starts, producers and technologists say souped-up TV is about to catch on. Really. Xeni Jardin reports from American Film Institute's workshop in Los Angeles. [Wired News]
We'll see . . .
4:41:01 AM
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Ann Coulter, woman. The right's she-devil talks about why she loves the Grateful Dead, what Tolstoy and Dostoevsky taught her about life, and how she meets men. [Salon Headlines]
4:38:30 AM
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sexing the machine: Three digital women debate
gender, technology and the Net, by Laura Miller, in Salon (1997).
this three-way e-mail conversation about technology, the
changes it's working on our lives and how those changes affect women in
particular was held at the request of a national magazine. Later, the
magazine decided the discussion would "go over the heads" of its readers.
Perhaps its editors were also confused when so little of the conversation
amounted to what we dubbed "whining at the gates" -- that is, the familiar
complaint that women have been excluded from the world of high technology.
To us, the debate about the role of computers in our lives has moved on
from those early days.
Instead, we felt at home enough to question the more fundamental ways high
technology is reshaping our world. If more and more women are practicing
"multi-tasking" as a way of life, is that liberating or maddening? Do
computers concentrate or decentralize authority? Does the World Wide Web
give users more power or less? Can machines ever be considered
"intelligent"? Our conversation might indeed go over the heads of the
shrinking ranks of the resolutely unwired -- but for everyone else, we
think it goes right to the heart of the matter.
The participants were:
Enjoy.
3:08:39 AM
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