Microsoft loses patent appeal; Word and Office to be barred from sale starting January 11
It's getting closer and closer to check-writing time for Steve Ballmer, as the U.S. Court of Appeals for the Federal Circuit has just upheld a decision that would see Microsoft Word and Office banned from sale starting January 11. If you'll recall, Microsoft lost a patent infringement suit against XML specialists i4i back in May when it was found that Word's handling of .xml, .docx, and .docm files infringed upon i4i's patented XML handling algorithms, but the injunction against further Word sales was put on hold pending the results of this appeal. Now that Microsoft has lost once again, we'd expect either another appeal and request for the injunction to be stayed, this time to the Supreme Court, or for a settlement between these two that would end this whole mess right now. We'll see what happens -- stay tuned.
P.S.- Just to be clear on this, i4i isn't a patent troll -- it's a 30 person database design company that shipped one of the first XML plugins for Office and was actually responsible for revamping the entire USPTO database around XML to make it compatible with Word back in 2000. What's more, the patents involved here don't cover XML itself, but rather the specific algorithms used to read and write custom XML -- so OpenOffice users can breathe easy, as i4i has said the suite doesn't infringe. Existing Office users should also be fine, as only future sales of Word are affected by the ruling, not any already-sold products.
Engadget: Helping you flame with accuracy.
Update: Microsoft says it's moving quickly to prepare versions of Office 2007 and Word 2007 that don't have the "little-used" XML features for sale by January 11, and that the Office 2010 beta "does not contain the technology covered by the injunction," which can be read in a number of ways. It's also considering an appeal, so we'll see what happens next.
P.S.- Just to be clear on this, i4i isn't a patent troll -- it's a 30 person database design company that shipped one of the first XML plugins for Office and was actually responsible for revamping the entire USPTO database around XML to make it compatible with Word back in 2000. What's more, the patents involved here don't cover XML itself, but rather the specific algorithms used to read and write custom XML -- so OpenOffice users can breathe easy, as i4i has said the suite doesn't infringe. Existing Office users should also be fine, as only future sales of Word are affected by the ruling, not any already-sold products.
Engadget: Helping you flame with accuracy.
Update: Microsoft says it's moving quickly to prepare versions of Office 2007 and Word 2007 that don't have the "little-used" XML features for sale by January 11, and that the Office 2010 beta "does not contain the technology covered by the injunction," which can be read in a number of ways. It's also considering an appeal, so we'll see what happens next.
























Wha- wha- what??
@a dumb cat Microsoft's going to make us teach orphans to eat elderly people!!
@a dumb cat
I have a feeling that before the Justices made their decision, Word crashed on them while typing a long legal document that they didn't save. Perhaps that influenced their decision?
@a dumb cat
I finally got the red line in the picture.
@streetstealth
Yeah, I was all ...wtf? OOOOOOH, spell check!
@a dumb cat
Odd thing is that a lot of courts insist on using Wordperfect - still. It's very frustrating.
@a dumb cat | well.. an eye 4 an eye... LOL
@a dumb cat
I wouldn't worry. This is what's going to happen.
MS:Screw you. We're removing the feature.
i4i: $500m?
MS: OK. We're done here.
@Duke WordPerfect for Windows offers features that help to correctly format legal citations. Legal Mode activates the Legal toolbar, which gives you quick access to the features that are used most often in law offices. God, I sound like a WordPerfect shill, but it's true.
@Duke
that would be because wordperfect is better heck i prefer corel's whole suite over microsoft's (plus its cheaper)
@erik1080 hahahahaha
That hurts.
@bighap Happy Xmas, Microsoft!
That's what they get for adding the "x" in the "docx" and changing the file type so people who can't afford to or refuse to upgrade to 2007, can't recognize the new file type.
@Crazy J There have been free Office compatibility packs out for a while. Some computers at my work still use 2003 and they have the pack installed to view docx files.
@Crazy J You do know there are free converters out there?
Also, what was MS supposed to do? The new format is much more efficient as far as file sizes and in several other ways. They can't provide backwards compatibility forever.
Be glad you're not using something Apple created!
@bighap
Yes... this is what MS had wanted for Christmas... a REAL kick in the balls.
@Crazy J - Some perspective: OpenOffice has a very snazzy format based on XML. Basically, it's a ZIP file which contains XML and style sheets that make up the document. Way back when, Office was going to lose a couple of really big contracts because of open source software one-upping Office. Basically, DOCX was Microsoft's way to allow people to play better in the sandbox w/ other folks.
DOCX isn't Microsoft's way to make people upgrade. It was actually something that was forced by OpenOffice.
@Crazy J
That shows how lame you are and no surprise in you trying to be a MS critic.
They have a free compatibility package that can be downloaded from microsoft.com and it will let you ready all office apps of 2003 version. Get informed before you blabber.
open office ftw
@Ander0id
Not really. It's kinda lame.
@Ander0id not kinda, really lame
@TikiTeko
Problem is, they'd just finished off their office 2003 clone (which is pretty close) then they Microsoft released 2007, now i'm no fanboy (I work in tech support.. its VERY hard to be a Microsoft fanboy in my job) but I do think microsoft managed to do some pretty good inovation with office..
@Ander0id
I recommend Google Docs.
@geekthree OpenOffice would be good if they innovated. It IMO competes with Works Processor or whatever
@Eric Schmidt
google docs is too basic.
@Eric Schmidt
I use Google Docs everyday at my job. I don't recommend it at all. I wouldn't say it's great, it does work for collaboration like simultaneously working on a document, but that's about all its got going for it. I would much rather use MS Office. We have it, but Google Docs is integrated very tightly.
@Ander0id
I'd say OpenOffice is pretty good for being free. It gets the job done for most people.
It might copy some design from MS Office, but if it wants to compete with/replace MS Office it almost HAS TO look similar. (Think of an old secretary that doesn't like to experiment with new software.)
Eventually, I also support it for its open standards and the aim for compatibility. And MS really need some competition, if not we're all forced to buy their Office.
@(Unverified)
You can use microsoft office online for the collaboration option now. it gives you better integration with MS office desktop application.
Thanks for helping me flame with accuracy Engadget!
Now for my open letter to Microsoft.
Dear Microsoft,
Just pay them.
Love Always,
Mitch
Nothing better than a flamethrower... except a flamethrower with a Engadget-brand laser sight! Thanks, Engadget!
@Mitch
haha, yea. i was like
"Engadget: Helping you flame with accuracy." = WIN
Awesome line.
@Bill Gates
I love you
Now go back to your fundraiser. This is ballmer's job.
@Mitch Dear Microsoft,
Buy them out and fire them all and keep all the patents.
Thank You
@Playn Pi
Dear i4i,
GO F*****K YOURSELFS ARGHHHH!!!!! **** ***** yourselves, mother ******s!!!! ARGHH!!!!!!!!
With love,
Steve Ballmer.
@Mitch
Dear Mitch
Please stop pirating Office and we will consider it.
Regards,
Steve
@camroncake I did, right when they released the 2010 Beta.... until that stops working I'll use it, lets not talk about after that.
I see this going t the Supreme Court and then once losing that appeal they will just pay out. Most likely at a cost that will have been far cheaper to pay out in the first place instead of paying all the lawyers
@(Unverified) but you see, when you have that much money, it isn't about winning, it's about screwing the little guy!!
So what am I testing Office 2010 for? What does Microsoft need to do to get around this?
@Eminemdrdre00 they need to rewrite new algorithms to read/write custom XML code. maybe something already done for the new office...
@Eminemdrdre00
Pay up.
That's why Engadget said "It's getting closer and closer to check-writing time for Steve Ballmer"
Sales are only banned UNTIL MS pays up. After that point, everything is good.
How's Office 2010 btw?
@Special Agent Steve
Office 2010 is sweet. It loads up a lot faster on my aging T42p than Open Office could ever wish.
@Sonic: Q: How's MSOffice 2010?
A: Loads much faster than OpenOffice
Hmm, me thinks you have an agenda...
@(Unverified) Office 2010 is a public beta. Go ahead and try it. It's a lot faster.
Does this mean I should turn off automatic update, so that it doesn't disable my Word07?
@Abdel they are banning NEW SALES of Word, not updates for Word.
@(Unverified) Actually they're banning sales of the NEW word, not just new word sales. They can still sell existing versions which don't include the shamelessly copied algorithms.
@Bratyr No, actually, you've read it wrong. Existing Word has the infringing code, not new Word.
@Tegeril Yes, the new word (7), not the old one. Idiot.