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Microsoft loses Excel patent case
The Register ^ | 6/7/05 | John Oates

Posted on 06/09/2005 3:54:28 AM PDT by Salo

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To: Smartaleck

In 1992, Access was in it's infancy and no where near its present form. You needed a translator to do what this guy did.

Microsoft has been known to invite people in to show their technical products, then with a demo left ofr "evaluation" purposes, they reverse engineer it to take it for free. They then claim they were working on it before then. (They may have, but they were going in a different direction.)

They did it back with DOS 6.0 with disk compression.

Even though a company makes two different software packages, they may not communicate. Sometimes, different software teams approach development in different ways. Other times, SUites are compiled from corporate takeovers, so there is no link. Third parties do this kind of development all the time, and should be paid for their work.



I think the judge should have given him part of Bill Gates' mansion instead...I would take the bathrooms and charge him for their use. Or, better yet, sell him a use license that requires him to enter a 20-digit key code. Then, I would sell the toilet paper seperately, based on usage, for a minimal amount, of course.

I would make the lights sometimes not work and make promises that the next upgrade will have an improved lighting capability.


Oh, by the way, I was the original writer of the formula that all investment brokers use to show you how much money you need to invest each year in order to reach your retirement goals. I showed it to my broker and gave him a copy for his use.....two years later, everyone uses it.


21 posted on 06/09/2005 6:19:58 AM PDT by Sensei Ern (Christian, Comedian, Husband,Opa, Dog Owner, former Cat Co-dweller, and all around good guy.)
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To: Salo

>>In 1990 Carlos Armando Amado filed a patent for software which helped transfer data between Excel spreadsheets and Microsoft's Access database using a single spreadsheet.<<

Access wasn't even around until mid or late 1992.


22 posted on 06/09/2005 6:22:42 AM PDT by 1L
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To: Golden Eagle
Read the GPL license, it explicitly says "no warranty".

Read the MS Eula:

11. LIMITED WARRANTY FOR PRODUCT ACQUIRED IN THE US AND CANADA.

Microsoft warrants that the Product will perform substantially in accordance with the accompanying materials for a period of ninety days from the date of receipt.

If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS).

AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.

Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.

Any supplements or updates to the Product, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.

LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES.
Your exclusive remedy for any breach of this Limited Warranty is as set forth below.
Except for any refund elected by Microsoft, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Product does not meet Microsoft's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose.

Hmm. Sounds like the only warranty MS gives is that mandated by law, due to its monopoly status.

If you really want to compare the GPL and MS' Eula, I'd suggest this analysis in PDF format.

23 posted on 06/09/2005 6:23:17 AM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: LIConFem

Can you be specific about what bugs? I've been using excel extensively for 10+ years and its the best software application MS has ever produced.


24 posted on 06/09/2005 6:23:30 AM PDT by 1L
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To: Salo

Seems like the more Americans a company employs, the more it gets dumped on here at Free Republic.


25 posted on 06/09/2005 6:26:19 AM PDT by Doohickey (CO during fire drill: "Are we conducting a training evolution or porpoising for the hell of it?")
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To: Salo
He said he tried to sell this technology to Microsoft in 1992 but they turned him down.

Normally I consider software patents bogus, but in this case, where he tried to sell an idea to Microsoft, they rejected him, and then still used it, this guy probably deserves something. Unfortunately, this kind of abuse happens all the time, Disney ripped off some architects for a sports theme park, and IIRC Taco Bell ripped off someone over that chihuahua. It's not doing that same thing that bothers me, it's doing the same thing after someone approached the company with the idea.

I admit I have a personal bias. I have a friend with a European (non-software) patent who tried to sell it to telcos over there. They all rejected it, but two of them are now using it, so he's considering suing them.

26 posted on 06/09/2005 6:28:17 AM PDT by antiRepublicrat
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To: snowsislander
I think Microsoft was likely right: this patent sounds bogus.

True, but how many people did Microsoft copy ideas from to get where they are at? Most of what Microsoft has are stolen ideas from other companies that they either improved upon or out marketed or out muscled them.

27 posted on 06/09/2005 6:28:42 AM PDT by Always Right
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To: ShadowAce
mandated by law, due to its monopoly status

Actually, it probably has nothing to do with monopoly status. In some jurisdiction (such as the UK, as I recall), you cannot provide a product without some minimal warranty -- such as merchandisibility, i.e., that the product works for its stated intended purpose.

28 posted on 06/09/2005 6:32:04 AM PDT by kevkrom (Jack Bauer / Chloe O'Brien '08)
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To: LIConFem

Fair enough. I hated back in the 90's how communication and functions between the Microsoft wasn't even close to seamless, but Excel itself did everything I wanted it to do and did it right. I guess I wasn't sharp enough or using enough super-advanced features to catch the glitches.


29 posted on 06/09/2005 6:32:27 AM PDT by Fierce Allegiance (This is not your granddaddy's America...)
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To: kevkrom; Golden Eagle
Actually, it probably has nothing to do with monopoly status.

Fair enough. I put that there to account for the difference in the GPL, but since products covered in the GPL usually require no legal consideration in exchange, the GPL can get away with the "no warranty" clause.

BTW, MS used to have the "no warranty" clause in its Eula as well--until the law forced them to change it.

30 posted on 06/09/2005 6:38:00 AM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: 1L
Just to name a few...

Cell heights are automatically and randomly expanded or compressed whenever I paste cut or copied cells. Fonts seem to change on their own as well during similar operations. And when I try to set the font back to what it was, it doesn't take (I'll save the spreadsheet, only to find the wrong font when I open it again).

Excel may well be the best application MS has ever produced, but to me, that isn't saying much. I mean, kudos to Bill Gates for striking it rich -- I am a good capitalist, after all ;o) -- but MS seems to focus too heavily on feature-rich software and not enough on quality. Get it to work first... then add the bells and whistles.
31 posted on 06/09/2005 6:44:43 AM PDT by LIConFem (A fronte praecipitium, a tergo lupi.)
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To: LIConFem

>> Cell heights are automatically and randomly expanded or compressed whenever I paste cut or copied cells.<<

This isn't a bug. Do Edit/Paste Special/Text (or unformatted text, as the case may be).

>>Fonts seem to change on their own as well during similar operations. <<

Never had this happen that I recall. Can you give me a specific example?

>>And when I try to set the font back to what it was, it doesn't take (I'll save the spreadsheet, only to find the wrong font when I open it again).<<

Again, never had this happen personally. Did it happen once or it is a regular occurance? Does it happen like this all the time, or just on selected sheets?

What version are you using?

I think Word is one of the most buggy pieces of software being sold commercially, but I don't think the same of Excel. I can't remember one bug I've ever experienced with the program, and I've used it practically to its limits.


32 posted on 06/09/2005 6:55:14 AM PDT by 1L
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To: ShadowAce

Dodge. I'm not liable for these legal violations in Excel. You,the user, would be (and are) if Open Office is violates them as well.


33 posted on 06/09/2005 6:58:26 AM PDT by Golden Eagle
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To: 1L
I'm using Excel 2003.

"This isn't a bug. Do Edit/Paste Special/Text (or unformatted text, as the case may be). "

Yeah, it is a bug. It's even listed on the MS Office support site as such.

">>Fonts seem to change on their own as well during similar operations. "

Sure. I copied a group of about 10 rows, created a new worksheet and pasted them to it. The font size was suddenly 16 point, rather than 8. Tried to change it... didn't work. As for whether this is a regular occurance, all I can tell you is that it has happened to me at least twice.

Yes, Word is pretty horrible as well, especially the table functions.
34 posted on 06/09/2005 7:02:28 AM PDT by LIConFem (A fronte praecipitium, a tergo lupi.)
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To: Golden Eagle
You,the user, would be (and are) if Open Office is violates them as well.

I doubt it. I, end user, would not be liable. First, Carlos Armando Amado did not approach Sun with his idea. Second, Sun did not steal his idea. Third, the feasibility of suing millions of individuals is laughable. Fourth, I acquired OOo in good faith. Fifth, I did not write OOo, implement any code, use any patented ideas. If happened to choose me to sue, he'd be laughed out of court.

35 posted on 06/09/2005 7:05:34 AM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: LIConFem
I *really* hate bloatware.
36 posted on 06/09/2005 7:06:19 AM PDT by MrsEmmaPeel
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To: MrsEmmaPeel

That's all MS produces. Lots of pretty blinking lights, but none of 'em work.


37 posted on 06/09/2005 7:10:13 AM PDT by LIConFem (A fronte praecipitium, a tergo lupi.)
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To: ShadowAce
I doubt it. I, end user, would not be liable.

You don't understand the GPL then, or the lack of protections provided to you by openoffice.org. There is no legal protection of GPL software, period, unless explicitly provided by the distributor. It's called indemnification, if you have it, FYI. You might want to check into it before commenting further.

Microsoft offers insurance GPL can't

38 posted on 06/09/2005 7:15:16 AM PDT by Golden Eagle
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To: Golden Eagle
You don't understand the GPL then,...

Oh, but I do understand it quite well. The point is that I don't need indemnification.

39 posted on 06/09/2005 7:17:51 AM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: LIConFem

Please give me the link to the list on the site of it being a bug. Perhaps I didn't understand you clearly, but from what you described, cut and paste will CUT the text, including the formatting, and PASTE the same into Excel.

I tried to duplicate the other problems in 2002 and could not.


40 posted on 06/09/2005 7:25:52 AM PDT by 1L
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