Microsoft VP: Have patents, will share
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Blog: Microsoft patent law expert says patent licensing, the new tool of choice for safe collaboration, will spur rapid innovation and new financial models.
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Share and share alike to save the planet A number of big name tech firms including IBM, Sony and Nokia have joined forces to work on a patent-sharing plan, dubbed Eco-Patents Commons.â¦
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The patent is for a digital-watermarking technology that could be used to protect the rights of content owners even when digital music is distributed without DRM protection.
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(InfoWorld) - Microsoft has won a patent for a digital-watermarking technology that could be used to protect the rights of content owners even when digital music is distributed without DRM protection.  The technology, called "stealthy audio watermarking," inserts and detects watermarks in audio signals that can identify the content producer, "providing a signature that is embedded in the audio signal and cannot be removed," according to a filing with the U.S. Patent and Trade Organization (USPTO). The application for U.S. patent 7,266,697 was filed May 3, 2004, by Darko Kirovski and Henrique Malvar, both of whom work at Microsoft Research. Malvar is a Microsoft distinguished engineer and managing director of Microsoft Research in Redmond, Washington, and Kirovski is a researcher there. Microsoft currently has DRM technology called Windows Media DRM that encrypts audio files and protects them from misuse or unauthorized redistribution. The company has traditionally been an outspoken proponent of using DRM to protect owners of digital content, though it said earlier this year it would consider selling DRM-free songs online after rival Apple struck a deal with EMI Group to do so. Forensic digital watermarking technology like the technology Microsoft has patented doesn't encrypt files the way DRM technology does or prevent people from unauthorized use. However, it can be used to prove who owns the content of the digital file by encoding a file with a unique digital signature. That means illegally traded songs could be tracked back to the original purchaser, allowing authorities to identify illegal sharers and serving as a deterrent. The technology could also be used to track files for royalty distribution. In fact, Apple has been inserting simple watermarks into digital audio files that include personal information about the purchaser on some files sold over iTunes so those files can be traced back to their purchaser in the case of unauthorized distribution. However, Microsoft's watermark is much more intrinsic to the file and cannot be stripped out easily by hackers, like Apple's can, said J. Alex Halderman, a computer science PhD candidate at Princeton University who specializes in DRM technology. "It's much harder for people to remove from the recording," he said. The trick for these watermarks to be effective for digital music files, however, is that they must be inaudible and thus undetectable by those listening to the files, which has been difficult for those who have tried to create this technology in the past, Halderman said. Indeed, in their filing, Kirovski and Malvar acknowledged that to work properly, the watermarks must not only be inaudible, but also "must be scattered throughout the file in such a way that they cannot be identified and manipulated" and "be robust enough so that it can withstand normal changes to the file, such as reductions from ... compression algorithms." Microsoft Tuesday declined to comment on how it plans to use the watermark technology it has patented. However, Microsoft Research already has licensed similar yet non-forensic watermarking technology to a company called Activated Content, which is using the technology to insert and extract non-secure data into audio files.
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How significant is the US Patent and Trademark Office&#39;s initial rejection of Microsoft&#39;s FAT (file allocation table) file system patent claims?
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Blog: A Zune fan site is reporting on a Microsoft patent filing that describes a system for paying Zune users commissions for sharing a song that the recipient ends up buying.
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Opinion: Is Microsoft getting ready to explore intellectual property lawsuits against Linux and open-source software? If you can&#39;t beat them, sue them?
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(InfoWorld) - IBM is making it easier to utilize its patented intellectual property to implement nearly 200 standards in SOA, Web services, security, and other spaces. Under a pledge issued by the company Wednesday, IBM is granting universal and perpetual access to intellectual property that might be necessary to implement standards designed to make software interoperable. IBM will not assert any patent rights to its technologies featured in these standards. The company believes its move in this space is the largest of its kind. "These are what I could call the core infrastructure standards that people now use around such things as SOA," said Bob Sutor, IBM vice president of open source and standards. Web 2.0 applications also could be developed, for example. The company seeks to spur development of software that leverages these standards. Among the technologies included on IBM's list, accessible here, are various standards pertaining to SOAP, SAML, XML Schema, and Service Component Architecture. WS-* specifications are featured as well. IBM was not the sole developer of many of these standards, which are often under the jurisdiction of organizations like the World Wide Web Consortium and OASIS. But the company did contribute to their development. IBM's technology previously could be applied on a royalty-free basis when used in conjunction with the standards. But developers and customers had to go through a royalty-free licensing process, which involved filling out forms. "What we decided to do was make it simpler for people to implement all of them," Sutor said. IBM has provided a non-assertion statement that says people are free to use any of its patents needed to implement the standards, provided they do not sue IBM or anyone else over use of their own patents involved in implementing the standards. With the new setup, an open-source developer, for example, does not have to spend time getting licenses from IBM. Sutor acknowledged, though, that some implementers have simply chosen not to get the licenses anyway. IBM has about 40,000 patents. Any of these that apply can be used when deploying the standards. With IBM's effort, users have one less thing to be concerned about, said analyst Michael Goulde, of Forrester Research. "Nobody's going to change what they're doing. I think they're just going to be able to do it with one less concern over their head," Goulde said. Hopefully, other vendors, such as Sun Microsystems and Microsoft, will be inspired to do what IBM has done, said Goulde.Â  But IBM drew criticism from Sun's Simon Phipps, chief open source officer at the company, in a response posted on Bob Sutor's own blog. "Nice move, Bob, congratulations," Phipps said. "One question, though. Why did you frame this in terms of 'necessary claims?' That leaves a developer wondering if they have done the right things in their code to avoid a patent claim against them." "It leaves them (potentially) to research IBM's patent portfolio in order to get security that the approach they have taken is unavoidably necessary. And it leaves them fearful (reasonably or not) of action against them if they decide to partner with a company or project of which IBM does not approve (the same way the police can always find a law you broke if they want to nail you)," Phipps said. Sun has had equivalent patent pledges but did not limit usage to "essential claims," Phipps said. Microsoft did not provide a response in time for publication of this article. In 2005, IBM opened up access to 500 patents to open-source developers. Patent access also was opened up to health care and education professionals that year.
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It is with regret that I urge all FOSS developers to treat anything Novell has contributed to the community as suspect, scrutinize any Novell contributions and purge them as deemed appropriate.  This threat is real, and it is not necessarily contingent upon whether or not Microsoft would actually sue customers for patent infringements.  This is a classic case of posturing.  Novell is leveraging its agreement with Microsoft in a way that harms all other Linux distributions and other FOSS projects. It is actively exploiting its unique position in ways that seem beneficial, but will pose risks to anyone but its own customers (and even their own customers are only protected for the next five years).
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(InfoWorld) - Leaders of Microsoft's strategy to make its products more interoperable with competitive technologies said the company still hopes to strike a Linux pact with Red Hat similar to the partnerships it's forged with Linux vendors Novell, Xandros, and Linspire. "We'd love to do the same deal with Red Hat," said Tom Robertson, general manager of corporate interoperability and standards at Microsoft in an interview Friday. "We're always open to talking with them." That sentiment so far has not been the same on Red Hat's end, as the company has said it's not interested in a deal. Red Hat spokeswoman Leigh Day said Friday that is still the case. "We continue to believe that open source and the innovation it represents should not be subject to an unsubstantiated tax that lacks transparency," she said in an e-mail. Still, some wonder -- as Microsoft lines up the other Linux ducks in a neat little row -- if Red Hat might be next, and rumors suggest a pact might be imminent. Microsoft's latest Linux deal came Thursday in an intellectual property-sharing and interoperabilityÂ agreement with LinspireÂ that would shield the company's customers from Microsoft patent-infringement claims. The deal follows oneÂ struck by Microsoft and Linux distributor XandrosÂ last week, as well asÂ a high-profile and financially significantÂ deal with NovellÂ late last year. Microsoft has said it is seeking these partnerships for a couple of reasons. The one Robertson is most interested in is interoperability, as he -- along with Jean Paoli, general manager, interoperability and XML architecture -- is in charge of Microsoft's 18-month company-wide strategy in this area. Robertson said Microsoft customers have demanded the company address interoperability issues with other companies' software, including open source, and that IP (intellectual property) in those products is a concern for them. "If you look across the industry, you see companies working together to address IP on behalf of their customer base," he said. Microsoft has publicly said that Linux and other open source softwareÂ violates 235 of the company's patents. But rather than seek litigation as a way to settle these IP claims, Microsoft is striking these individual deals, Robertson said. However, much has been made of the fact that the company has not publicly disclosed any of the patents it claims open source software is violating. Robertson would not address why Microsoft will not show its patents and stopped short of claiming the deals with Novell, Linspire, and Xandros prove those companies are indeed violating Microsoft IP. None of the Linux companies will say so, either, and Novell in fact has vehemently denied infringement. This discrepancy is one reason some feel Red Hat will never sign up for an indemnification deal with Microsoft. The size and business viability of the companies that have signed on is another. Novell was flagging when its deal was struck -- and the company has continued to wane even since -- and some familiar with how it happened said it was a bailout to save the vendor from being split up and sold piecemeal. Indeed, Novell's U.S. Securities and Exchange Commission filing about the deal revealed that Novell got $348 million up front from Microsoft for patent cooperation and Linux coupons, while having to shell out only $40 million to Microsoft in return. Though Microsoft will not comment on the financial terms of deals with Xandros and Linspire, those familiar with the agreements said those companies also received financial compensation from Microsoft. This begs the question that if interoperability and protecting customers are Microsoft's ultimate goals for the deals, as Robertson said, why is the company so interested in Linux companies that ultimately don't affect that many customers? Many -- particularly those in the Linux camp -- suspect Microsoft is trying to make it appear that open source distributors are violating Microsoft IP to vilify them in an effort to dissuade customers from using Linux and other open source technologies. Bruce Perens, a longtime Linux and open source advocate, said Microsoft is giving Linux companies that are on the edge of going out of business money to create the illusion that Linux vendors are stealing its IP. Perens is a vice president at SourceLabs, a company that provides testing, management, and certification of open source software to users. "Here is Microsoft out collecting the losers in the Linux business and paying them money so they can ... paint open source as music pirates out there using Microsoft technology without a license," he said. "I think they're out to scare people." Even if this is the case, it take two to tango, and it's important to note that companies such as Novell, Linspire, and Xandros benefit in various ways from their deals with Microsoft. Aside from any financial compensation, the companies also gain access to Microsoft technology that would make their own Linux products more viable in the marketplace, analysts said. "These companies want the deals with Microsoft because it will make the products more attractive and more compatible with the Windows world," said Michael Silver, an analyst with Gartner. "It's pretty clear that there is definitely value for these companies."
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A software company and its parent are claiming they hold patent rights to widely used Internet song-swapping technology, and they are demanding that several file-sharing networks obtain licenses in order to continue operating.-The Washington Post
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IBM Corp. plans to announce Tuesday that it is giving away rights to 500 of its software patents to help a growing community of developers who build software collaboratively and distribute it for free. -The Washington Post
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SAN JOSE, Calif.  -- Seeking to be more competitive with Microsoft Corp...
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The dangers of software patents for free software have always been a hot issue.  But with the news that Red Hat and Novell are being sued for alleged patent infringement by IP Innovation, the matter has moved from theory into practice.  In fact, in the battle against software patents, it turns out that the open source world already has a rather powerful weapon in its armoury â even if it's one that few people know about. read more
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Plans by Microsoft Corp to charge royalties on a library of patents are looking uncertain after the US Patent and Trademark Office rejected a key software patent claimed by the company.
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(InfoWorld) - Think Novell is sending more money to Microsoft under the vendors' intellectual property agreement than the other way around? Think again, a Novell executive said at the TechEd 2007 conference in Orlando, Fla., on Monday. As part of a multifaceted arrangement forged in November 2006, the two companies agreed not to sue each other's customers over IP issues. Included in this understanding was a series of payments going between the companies pertaining to this matter. It might seem that Microsoft, with its recent complaints about open source and Linux allegedly violating 235 Microsoft patents, would be getting more money from the deal. But that is not the case, said Justin Steinman, director of product marketing for Linux and Open Platform Solutions at Novell. "Actually, Novell gets more money," Steinman said.Â  Even when discounting Microsoft payments to Novell for access to Novell's Suse Linux, Novell still gets more, he said. Steinman attributed the disparity to Microsoft simply having more customers than Novell.Â  "They're paying for coverage for more customers," Steinman said. He said he did know the difference in the amount of money changing hands. Steinman recited the often-repeated mantra that the deal with Microsoft was what customers wanted. They wanted the IP issue to go away and they want Linux interoperability with Windows, he said. Microsoft, in a statement, said the dollar amount of the arrangement will vary. "Both Microsoft and Novell have patent portfolios, and as part of the patent agreement, each is paying the other for access to these patents. There is an upfront payment from Microsoft to Novell," Microsoft said.Â  "Then, Novell will pay Microsoft on an ongoing basis. The total dollar amount depends on how big certain Novell businesses grow over time. It is impossible to say how all payments will net out until Novell's business performance over the next several years is factored in." Microsoft under its agreement with Novell is selling Suse Linux subscriptions certificates to Microsoft customers wanting Linux. Other parts of the agreement have had the companies working to support virtualization of each other's operating systems. They also are aligning on standards-based systems management and directory and identity interoperability. Additionally, the companies are ensuring document formatting compatibility between Microsoft Office and Novell OpenOffice documents. Asked about the Novell-Microsoft agreement, an industry analyst Monday said he did know its financial details. "I don't know what the numbers work out to," said analyst Al Gillen, research vice president at IDC. But he said the contract makes sense in that customers would not want Microsoft suing them over IP issues. "In that context, from a customer's perspective it's good," Gillen said. "I realize the [open source] community dislikes it." Xandros and Microsoft announced a similar arrangement regarding Linux at TechEd on Monday. In other developments at TechEd Monday, Microsoft's Steven Martin, director of product management in the company's Connected Systems Division, stressed Microsoft's prominence in the SOA space. "What we're doing is we're helping customers understand the use of Windows Server, the .Net Framework and BizTalk Server to build service-oriented applications that differentiate the business," Martin said. Microsoft is touting its on-premise software as well as its hosted BizTalk Services platform, which provides for SOA across the Internet, said Martin. While companies such as Sun Microsystems, BEA Systems, and IBM perhaps have been more visible in promoting SOA, Microsoft is a player as well, Martin said. "We've been very active in service orientation going back to 1999, [when] we partnered with IBM to build the Web services specifications (known as WS-*)," Martin said. We haven't latched onto all the buzzwords but weâve been very active in helping customers build service-oriented solutions for many, many years. We were pioneers in this space," said Martin. Microsoft at TechEd also said the Microsoft Desktop Optimization Pack for Software Assurance, or MDOP, will mostly be ready in July. The product set enables better management of Windows desktops. "We're trying to address the deployment and the manageability issues that our customers told us they were having in managing their desktops," said Winni Verhoef, senior product manager for Windows product management at Microsoft. Most components will be generally available in July, including the Windows Vista versions of SoftGrid Application Virtualization, for turning applications into centrally managed services, and Diagnostics and Recovery Toolset, for system repair and data recovery. Also part of MDOP are Advanced Group Policy Management, for change management and versioning, and System Center Desktop Error Monitoring, which identifies the impact, probable cause and resolution for failures in system crashes. Another component, Asset Inventory Service, providing inventory data via a hosted service, will be released in a beta version July 1. General availability is planned for fall. MDOP requires that users be part of the company's Software Assurance program and costs about $10 per desktop per year. A server running Windows Server and A SQL Server database also are needed. A Microsoft official at TechEd also explained the Visual Studio Shell, planned for inclusion in the upcoming Beta 2 of the newly named Visual Studio 2008 development platform. With Visual Studio Shell, Microsoft partners and developers can build versions of Visual Studio customized to specific application areas and bearing partners' brands. Microsoft's previous solution in this area, Visual Studio Premier Partner Edition, did not allow custom branding, said C. Joe Marini, group product manager for Developer Marketing in the company's Visual Studio Integrated Partners group. The shell features base capabilities for developers to build their own tools and lacks Microsoft development languages such as Visual Basic of C#. Enterprise developers also could use the shell. "The whole idea is rather than building your tool IDE, you use ours as a starting point," Marini said. Microsoft benefits in that its Windows and .Net technologies are promoted, Marini said.
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Microsoft and Citrix have signed a new five-year collaboration and licensing agreement. The agreement formalizes Citrixâs access to Microsoft Windows Server code and allows for patent cross-licensing between Microsoft and Citrix.