[zahal724]

If MicroSoft figures out the technology, even if there is a patent, can MS use it? pardon my ignorance

PS(I think that its Bursts and Bursts alone if they patented it, but I'm just wondering what the laws are, I'm not a patent lawyer - or a lawyer at all for that matter)

[Peelod]

Cringely seems to write that Microsoft used information from the non-disclosure agreement to improve WMP. Emails during this period are now missing, hence the spoliation claim.

[Hodar]

If MicroSoft figures out the technology, even if there is a patent, can MS use it? pardon my ignorance

Asking is not ignorant; it's simply requesting information. And I'm happy to respond. When you have a new and/or original idea, you can patent it. A patent is a declarion of what your idea is, how it works, and what problems it may solve. You then explain in legal terms (generally, in as vague terms as possible, to thereby have the broadest possible interpretation) how your idea works. The Patent Office studies your patent, and if it is original, or a non-obvious extension to an existing patent; will issue you a patent. If someone else figures out your idea, so what. You now OWN that idea for a period of 7 years (with possible extensions). The gov'ts goal is to protect the inventor, so he may capitolize off an idea. Anyone who uses your idea must do so with your permission, or risk legal infringement and levies. Usually, the court will issue a 'Cease and desist' order; which means that MS will be prohibited from continuing to use the idea from that day forward. As Media Player is a revenue stream for Microsoft, it would be in Microsoft's best interest to work out an 'arrangement'.

As the patent holder, especially if you get a cease and desist order, you can name your own price. You could say "Bill, I want $39 Kazillion, billion dollars paid to me in the form of 1987 nickles.

The idea is to arrange your royalties such that Micorsoft decides it's easier to write a check instead of changing your idea such that they can patent it themselves.

For example, if I patent a tri-cycle; you could patent a bi-cycle. The ideas are similar, but the bicycle is not an obvious extension of a tricycle. If you made your tricycle blue, and mine was red; otherwise they were identical, the change is not patentable. This gets rather abstract quickly. The idea is that if you patent something, and I can improve upon your idea, I can patent it too.

[David]

"If MicroSoft figures out the technology, even if there is a patent, can MS use it? pardon my ignorance" [Somebody else got it first?]

No.

[E. Pluribus Unum]

If MicroSoft figures out the technology, even if there is a patent, can MS use it?

Only software patents issued to Microsoft are valid.

Software patents issued to other companies are invalid and can be ignored... by Microsoft.

Microsoft invented computers, don'tcha know?