Posted By: PeterF | Aug 12th @ 12:22 PM
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Comments: 38 | Views: 860

Except the patent itself makes no mention of XML or anything XML-esque. It is all about storing formatting information in seperate "maps" which index onto content rather than storing the information directly inline as control codes. The "novel" part of this supposedly being the ability to have mulitple "maps" that provide different formatting. without having to keep multiple copies of a document in sync. 

 

I'd guess the argument they are using is that using Custom XML to mark up sections of a document as having specific business semantics is akin to having a different "map" onto a document. The worrying thing is that if it's allowed to stand, any index like structure used in this way could potentially be a target for a patent bomb, and that surely applies to a lot of applications.

. It is all about storing formatting information in seperate "maps" which index onto content rather than storing the information directly inline as control codes.

 

Isn't that the same as using CSS to format HTML? Perplexed

 

Sorry... but seems the whole point of having XML format is for the use of what they called "custom XML"... or we could just use any binary container format instead.

Exactly. Which is yet another reason to be worried about allowing patents like this to stand.

Bass
Bass
www.s​preadfirefox.c​om/5years/

If you guys ever do patent search you will find pretty much everything you have ever written in software, even trivial applications, are probably illegal*. There are many thousands of software patents, and a nice percentage of them describe pretty generic functionality that many people use everyday.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

* But if you do, keep in mind you are now committing willful infringement and are now subject to even more punishment. BA HA HA HA. Enjoy the lawsuits. Big Smile

Dodo
Dodo
I'm your creativity creator™ :)

Bass said:
But if you do, keep in mind you are now committing willful infringement and are now subject to even more punishment. BA HA HA HA. Enjoy the lawsuits. Big Smile
This is why every TOS contains the following:

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Bass
Bass
www.s​preadfirefox.c​om/5years/

In fact, I assume some people won't believe me on this. So if you really don't believe me on this, point me to whatever software product you wrote and I will personally find a patent that infringes on it. Wink

 

I want to show you that software patents are not the friend of the software developer. It might look that way (look ADDED protection! Now I can make the big bucks!) but it basically is biased towards people who just have sh!tloads of money to file generic patents. You don't have much time to actually write any software if that's your business model.

Bass
Bass
www.s​preadfirefox.c​om/5years/

Right you are telling your customers you don't guarantee it doesn't infringe. But that won't stop you from getting sued yourself. And if you are popular enough, or have enough money, and you write software - you will get sued. Microsoft is one example, but FFS they are far from the only example. Plenty of legit software companies are theatened or sued by people (if lawyers qualify as people) who never wrote a single LoC in their entire life, but own several hundred "software patents".

Dodo
Dodo
I'm your creativity creator™ :)

Software you write for your own personal use serves a purpoe of private or non-commercial nature without the opportunity of financial profit and secondly won't be disclosed to potential patent or copyright holders. Thus, a patent holder cannnot raise a sufficient claim towards it.

Bass
Bass
www.s​preadfirefox.c​om/5years/

It's still illegal. Even for personal use. They might not discover it, you are right. But non-commercial, or completely personal replication is still patent infringement.

 

If your product is popular enough they will find it, and they will ask for license fees or threaten to sue you. Patent trolls are actively are looking for people to sue, that is their business model.

Dodo
Dodo
I'm your creativity creator™ :)

If you don't make any money out of it, the worst they can do is ordering you to stop providing your software to the public.

Bass
Bass
www.s​preadfirefox.c​om/5years/

That's not true. Not in the USA at least. It's certainly more difficult to get money out of a case like that, but it's not impossible. The the worst they can get the money they had to pay their attorney to sue you (attorney fees), which can be several million dollars (seriously) in some cases.

Dodo
Dodo
I'm your creativity creator™ :)

Simple logic: If you have nothing, there's nothing to take.

Bass
Bass
www.s​preadfirefox.c​om/5years/

It's always better to sue someone with money. That is true. Recovering the entirety of big judgment from someone with little money.. it's like drawing water from a rock, not very likely.

 

Contrary to popular belief (apparently), they can't go after the judgment they get against you for your entire life. It's like something like 7 years (in the USA) they have to try to get this money from you, plus you can declare bankruptcy. So as I said, they rather sue someone who has deep pockets and they know this before the lawsuit. If you get a $100 mill judgment against Microsoft, there is a good chance it will be paid. Microsoft is not going to declare bankruptcy over a $100 mill judgment. Usually the patent trolls who are in it for the money will go for people or companies with enough money for the lawsuit to be worthwhile.

 

But it's happened before regardless, it's not a good experience to be sued regardless. Just don't think you are completely safe because you are non-commerical and have no money, yes you are less of a target then Microsoft, but you are still risking liability everytime you write a line of code.

 

You never know when you will win the lotto and then patent troll come running for your winnings. Smiley

 

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