Posted on 06/09/2005 3:54:28 AM PDT by Salo
Microsoft has been found guilty of patent infringement and ordered to pay a Guatamalan inventor Carlos Armando Amado almost $9m in damages.
The US District Court of Central California court ruled that Microsoft had infringed on his intellectual property and ordered it to pay him $8.96m.
This figure relates to software sold between March 1997 and July 2003 - Judge David Carter may review this figure to include software sold since 2003, according to Reuters. Damages are far lower than the $500m claimed for because the jury rejected nine out of ten claims made by Amado.
Microsoft expressed disappointment at the verdict but welcomed the rejection of Amado's huge damages claim. The company said its engineers started work on the data transfer technology independently before Amado approached them.
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. He said he tried to sell this technology to Microsoft in 1992 but they turned him down. According to Amado, Microsoft started including his software in their releases between 1995 and 2002.
Microsoft is facing patent claims over Longhorn, the next version of Windows, from networking company Alacritech. Its lawyers are also due in court with Forgent Networks which claims the software giant infringed its JPEG picture compression patent. ®
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.
>>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.
Read the MS Eula:
11. LIMITED WARRANTY FOR PRODUCT ACQUIRED IN THE US AND CANADA.Hmm. Sounds like the only warranty MS gives is that mandated by law, due to its monopoly status.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.
If you really want to compare the GPL and MS' Eula, I'd suggest this analysis in PDF format.
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.
Seems like the more Americans a company employs, the more it gets dumped on here at Free Republic.
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.
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.
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.
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.
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.
>> 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.
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.
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.
That's all MS produces. Lots of pretty blinking lights, but none of 'em work.
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.
Oh, but I do understand it quite well. The point is that I don't need indemnification.
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.
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