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July 30, 2010 9:29 AM PDT

Sony, McAfee, sued over software activation patent

by Lance Whitney

After suing Microsoft for patent infringement, Uniloc USA is now turning its sights on a host of other companies.

In a suit filed in U.S. District Court in the eastern district of Texas Thursday, Uniloc is alleging that its patent for software activation is being violated by the likes of Sony, McAfee, Activision, Quark, Borland Software, and Aspyr Media.

The patent in question #5,490,216, awarded to Uniloc founder Ric Richardson in 1996, covers a method for registering and activating software locked to one PC. The technology was developed as a way to prevent users from freely installing or copying a single software program to multiple machines.

Legal action was taken to "protect our products and our company," Uniloc CEO Brad Davis said in a statement.

Uniloc has been dueling with Microsoft over the same claim since 2003, alleging that the software activation key used in Windows XP and Office is a violation of the Uniloc patent. A jury ruled in favor of Uniloc in April of 2009, slapping Microsoft with a $388 million fine. But that verdict was overturned on appeal last September as the court then found in favor of Microsoft. Uniloc is appealing the judge's ruling, and the case is scheduled to be heard in September.

Uniloc, a privately-held business in California, sells security products designed to guard against software piracy. Software companies and PC game publishers are among its customers.

Lance Whitney wears a few different technology hats--journalist, Web developer, and software trainer. He's a contributing editor for Microsoft TechNet Magazine and writes for other computer publications and Web sites. You can follow Lance on Twitter at @lancewhit. Lance is a member of the CNET Blog Network, and he is not an employee of CNET.
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by Random_Walk July 30, 2010 9:55 AM PDT
Aaaaand, it's just another day in patent-troll land.

(isn't there any way we can, you know, take the town of Marshall, Texas and just shove it into the Gulf? Maybe sell it to BP).
Reply to this comment 1 person likes this comment
by Seaspray0 July 30, 2010 10:55 AM PDT
Uniloc is based in California and not Marshall, TX where the lawsuit was filed. Patent trolls can pick and choose a venue that clearly has favored them because they get to choose where the lawsuit gets filed. That is totally not right.
1 person likes this comment
by Random_Walk July 30, 2010 1:01 PM PDT
True indeed.

Personally, and in spite of the schadenfreude of seeing an IP lawsuit happen over a form of DRM, I still maintain that software patents suck, are (IMHO) unconstitutional, and should be dismissed and/or disregarded.
3 people like this comment
by dumbspammers July 30, 2010 10:07 AM PDT
@Random_Walk What makes you think BP doesn't already own East Texas?
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by cascademarmot July 30, 2010 11:10 AM PDT
And what makes you think BP DOES own East Texas??
by jader3rd July 30, 2010 10:17 AM PDT
Does Uniloc know how the companies are using software activiation? Or is it just that the companies have software activcation and Uniloc feels that it owns all posible implementations of software activation?
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by solitare_pax July 30, 2010 10:27 AM PDT
One would assume they have examined the code being used by those they are suing -

Or they are merely suing because those software vendors didn't sign up for their protection.

Protection against being sued, I mean...
3 people like this comment
by OniOokamiAlfador July 30, 2010 10:42 AM PDT
At least we haven't gotten any of those ignorant "ban software patents" posts yet.
Reply to this comment 1 person likes this comment
by asphalttechnician July 30, 2010 11:24 AM PDT
Ban software patents!

Had to be done. From a software developer no less... :-)
Reply to this comment 4 people like this comment
by HamLoring July 30, 2010 8:25 PM PDT
Better to just ban software.
Reply to this comment 1 person likes this comment
by techman21 August 5, 2010 9:10 AM PDT
The patent seems legit, but it's been 15 years since it was granted...so...I think there should be a time limit on these things, and that only the original patent requester should be able to pursue this kind of litigation.

"the platform unique ID generating means utilizes hard disk information and/or other computer hardware or firmware information to determine the platform unique ID"

Interestingly, the patent includes this statement:
"The above describes only some embodiments of the present invention and modifications, obvious to those skilled in the art, can be made thereto without departing from the scope and spirit of the present invention. "

So it sounds like they're trying to cover all possible implementations of this kind of system...
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