Licensing

On March 5 Apple dropped a small bombshell on the World Wide Web Consortium (W3C) standards body, excluding one of its patents from the W3C Royalty-Free License commitment of the W3C Patent Policy for Widgets 1.0. The patent in question covers automatic updates to a client computer in a networked operating environment.

The announcement has generated no apparent response, yet could portend serious consequences. The Apple exclusion could mean that a W3C standard on widgets (or, really, any standard in the Web Application Group) at W3C that uses or includes something which touches this patent will either need to … Read more

In technology, the best indication that you've "arrived" as a company is when you get hit by a patent infringement suit. By this measure, Red Hat, which was just hit by a patent-infringement suit from little-known Software Tree, is ready to join an elite circle of premier software vendors like IBM, Microsoft, and HP, each of which spends a lot of time and money defending against patent lawsuits.

Congratulations, Red Hat. Doesn't it feel great?

This isn't, of course, the first lawsuit that Red Hat has faced. Firestar, IP Innovation, and DataTern have also launched lawsuits against Red Hat, … Read more

There are lots of reasons to believe that Microsoft isn't going after open source with its TomTom patent infringement suit and, as Rob Enderle points out, TomTom can hardly afford to defend itself, anyway:

TomTom, which hasn't exactly been an open source poster child, has a problem....Tom Tom really doesn't have the resources to defend against an IP infringement attack during what is likely to be an ugly revenue year. It recently warned that it probably won't be able to repay creditors -- it took a 989 million euro fourth-quarter loss -- and doesn't … Read more

Given the ungainly hand that has held the rudder of Facebook's privacy policies--most recently with its alleged landgrab on user data--it's welcome to now see Facebook letting its users have considerable say in how the company handles their privacy.

In a bold move, Facebook has "open sourced" its terms of service to allow users to help define them for the social-networking service.

Facebook has proposed a new set of Facebook Principles, as well as a Statement of Rights and Responsibilities, and is inviting users to comment upon them and thereby help to shape them.

Facebook … Read more

When I negotiate contracts with customers, intellectual-property indemnification is always the top legal concern. Always.

But it's not because of Microsoft and its recent TomTom patent lawsuit, or other such infringement suits between vendors. The concern is almost wholly related to patent trolls, and predominately because they have no vested interest in keeping customers happy, whereas vendors must...vend, and so can't afford to unduly upset customers.

Hence, while the open-source world is up in arms about Microsoft's TomTom patent suit, it should be far more worried about news that Intellectual Ventures has grabbed another 500 patents … Read more

Last week, Microsoft promoted Horacio Gutierrez, formerly vice president of intellectual property, to corporate vice president. This week, Gutierrez polished his new business cards and sent them TomTom's way, with a patent infringement lawsuit.

As CNET News' Ina Fried reports, Microsoft on Wednesday launched a patent infringement lawsuit against TomTom, maker of GPS systems. TomTom, for its part, summarily rejects the claims and says it will "vigorously defend" itself. Lawsuits are filed all the time, but this one is of particular interest to the open-source community because it includes three claims of patent infringement related to Linux … Read more

Mozilla Foundation's Mitchell Baker describes Firefox, the open-source Web browser, as "an anomaly."

While most Microsoft competitors lay down and die when Microsoft claims 90 percent or more of a market, Mozilla has fought back to earn more than 20 percent of the browser market.

Despite this success, Baker believes that government, and in the European Commission in particular, has a role to play in further leveling the playing field. As she notes in a recent blog post, government entities would perhaps have less relevance but for the antitrust activity that resulted in Microsoft's dominant market … Read more

Is Microsoft the last holdout on an outmoded way of doing business, or is it the vanguard for intellectual-property licensing schemes that herald a new age of competitive cooperation?

Horacio Gutierrez, a friend and vice president of intellectual property and licensing at Microsoft, believes that it's the latter and argues that the best way to ensure true interoperability while simultaneously competing is through patent cross-licensing arrangements:

At the heart of these business arrangements is an honest recognition of the value of the intellectual assets that drive innovation. Such arrangements strike a balance between intellectual-property incentives that encourage, recognize, and … Read more

While most of the activities on Facebook count as spam or worse ("super poke," anyone?), it's likely that such friending and poking was intended to be private. Recently, however, Facebook changed its terms of service to ensure it has perpetual rights on personal content, including content deleted by its users, as The Consumerist reports:

You hereby grant Facebook an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and … Read more