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Re: Microsoft seeks XML-related patents

From: Hector Santos <winserver.support@winserver.com>
Date: Sat, 24 Jan 2004 03:51:28 -0500
Message-ID: <00f501c3e257$42522e20$6401a8c0@FAMILY>
To: "Scott Cadillac" <scott@xmlx.ca>, "W3C Public Web Plugins List" <public-web-plugins@w3.org>

----- Original Message ----- 
From: "Scott Cadillac" <scott@xmlx.ca>
To: "W3C Public Web Plugins List" <public-web-plugins@w3.org>
Sent: Friday, January 23, 2004 4:57 PM
Subject: Re: Microsoft seeks XML-related patents

> Of course, I could be totally out to lunch...and not understand a word of
> what I'm reading. I'm a programmer, not a lawyer :-P

Scott, it doesn't matter.  Even if you were a lawyer and in sync with your
lunch order,  you probably do not have the resources to indefinitely dispute
their patent "claim",  its a lost cause.  The burden is one you to dispute
the claim.  The software patent system is screwed up, period.

In my view,  this Office XML patent only reinforces the anti-trust concerns
the industry has and recently questioned again by the Justice Department.
This does not help Microsoft in this regard.  It hurts them.

Also, off the top of my head,  this essentially boils down to yet another a
"bundling" concept.   Microsoft recently lost or gave in to requiring
Windows Media on the OS over others.  In my view, Office XML patent
enforcement is probably weaken by this recent Windows Media precedence.   I
see the same "bundling" concept being applied.

I remember Bill Gates once saying when Netscape first sued Microsoft over IE
taken over the market.  He said in so many words:

      IE is winning the hearts and minds of the PC market simply because IE
is faster and
      technically superior than Netscape.   All someone has to do is develop
a better IE
      and he will be highly successful.  If he can do it,  more power to
him!!   I encourage it!

I have yet to see anyone take him up on that challenge.   I think Gates
still believes this is true with the growing thin client market that Office
XML targets.   Someone can develop a better, faster "thinner client."   This
XML patent preempts the high potential market opportunity of compatible and
better thin "Office" clients thus stopping others doing to Office XML what
IE did to Netscape.

Hector Santos, Santronics Software, Inc.
Received on Saturday, 24 January 2004 03:52:21 UTC

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