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May 20, 2009 2:26 PM PDT

Microsoft patents means of limiting software

by Ina Fried

Microsoft on Tuesday was granted a patent for a way of limiting access to certain features of an operating system depending on whether a user has paid for those features.

The patent, titled "Restricted software and hardware usage on a computer," covers a means by which it can offer software that has features either enabled or not enabled depending on which edition a user has purchased. It's a concept already in use at the company.

Microsoft has already said it will offer all versions of Windows 7 on a single disc, with a particular product key unlocking the features that come with that edition. Users will be able to upgrade to a higher-end version of Windows 7 just by purchasing a new product key, Microsoft has said.

It is not clear that the patented technology is used for this, although the two sound very similar to me. One piece of the application deals with the scenario in which "a consumer initially purchases a computer with restricted functionality at a price that is less than the price that would be charged for a computer with full functionality."

"Subsequently, the user can, at an additional cost, acquire a digital key that allows the restrictions to be removed, upgrading the computer to full functionality," Microsoft said.

Although Microsoft has long touted the general-purpose nature of Windows, it notes in its patent applications the need to offer different versions with different features.

"One problem inherent in open architecture systems is they are generally licensed with complete use rights and/or functionality that may be beyond the need or desire of the system purchaser," Microsoft said. "Consequentially, the purchase price of these systems being indifferent to usage scenarios means users with limited needs pay the same rate for these systems as those with universal needs."

With Windows, there have long been home and professional versions. During its long life span, Windows XP also added the Starter, Media Center, and Tablet PC editions.

With Vista, Microsoft added the Home Premium, Enterprise, and Ultimate versions. In that case, users could also move from one version to another, although it required the use of a separate disk.

The awarding of the patent was noted earlier on Wednesday on Slashdot.

During her years at CNET News, Ina Fried has changed beats several times, changed genders once, and covered both of the Pirates of Silicon Valley. These days, most of her attention is focused on Microsoft. E-mail Ina.

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by kcotham May 20, 2009 2:43 PM PDT
Limiting functionality, that's what Microsoft is best at.
Reply to this comment
by Maccess May 21, 2009 1:47 AM PDT
Patent that? That's been the business model of much shareware for at least a decade. Free, feature limited. Pay, get all features.
by Vegaman_Dan May 21, 2009 8:51 AM PDT
Excellent point, and one that many companies have been doing since software started.

Making useless and inflammatory comments with the the intent to disrupt and cause problems, that's what trolls are best at.
by kcotham May 21, 2009 6:14 PM PDT
@Vegaman

To borrow a phrase you are prone to digging up, "that's the pot calling the kettle black".
by The_happy_switcher May 20, 2009 2:45 PM PDT
I like MDN's take: Microsoft wins patent for kidnapping parts of Windows, holding them for ransom
Reply to this comment
by Vegaman_Dan May 21, 2009 8:52 AM PDT
Much like Apple did with iTunes in forcing you to upgrade *all* of your purchased music if you only wanted to upgrade a single track to a higher bitrate. Thankfully they got wise to that, but only after a huge customer backlash.

Something to think about, AppleRocks1963. Apple is guilty of this as well. Please be sure to include them in your bashing attempts to be fair.
by Dalkorian May 21, 2009 11:27 AM PDT
I'm still trying to follow your leap here Dan. Maybe my issue is with the fact that I'm not an iTunes customer (never bought anything through the iTunes store), but I just can't see the connection between upgrading a music collection and unlocking software features.

Care to admit you're grasping at straws here?
by slickuser May 20, 2009 2:52 PM PDT
so, it will become crappier from crap. ..
Reply to this comment
by SIGHUP May 20, 2009 5:43 PM PDT
Apple has already patented that.
by shycelticwitch May 21, 2009 7:24 AM PDT
How so? OS X features are ALL available to ANY user. They have separate programs that you can add on, but there is NOTHING on their install DVD that is inaccessible unless you pay more money. What a lame statement that was.
by ballmerisanape May 20, 2009 3:08 PM PDT
How will the windows fanboys justify this move......Can you say "out of touch"?
Reply to this comment
by WhistlingPig May 20, 2009 4:54 PM PDT
Justify? Easy.

1. As a distribution mode, this is pretty convenient. I like the hypothetical scenario of having the entire Microsoft product suite on one DVD, accessible locally, and by simply paying for additional products, install and use them right away rather than going back to a store or waiting for big downloads to finish.

2. As a feature rights management, it will inevitably be cracked, and if I am so inclined, I will be able to use more of the software than I actually paid for.

This technology can only screw Microsoft or Microsoft customers. If you are a Microsoft hater and assured of your position, you probably should applaud this to accelerate the Evil Empire's downfall.

As a Windows user, I think the implementation of this technology could allow Microsoft to price its products lower (actually, as a pessimist, I reckon the rate of price inflation will likely just decrease). I depend on third-party products to populate my environment, so not having to pay the price for redundant Windows features I won't be using would be very welcome.
by catch23 May 20, 2009 5:19 PM PDT
Justify what? Have you ever worked in the Tech industry?
Obviously not. This isn't new, and not uncommon with big software packages. You do an install, and unlock features with keys.

Just because your ignorant doesn't say anything about MS.
by Maccess May 21, 2009 1:59 AM PDT
Actually, it makes sense. The biggest complaint of those who bought computers equipped with Windows Vista Home Basic is that they couldn't upgrade (or downgrade to XP) legally without disregarding the bundled Home basic license and buying an FPP for their desired version of Windows.

Also, I think Microsoft could be heading in the direction of a freely downloadable base version that anyone can install. This should combat piracy at the small store level. Being free, the small vendor can install the base version instead of a pirated version, or worse (from Microsoft's POV), a linux distro.

The consumer can then buy an upgrade kit from any reseller (or online) which has the upgrade code to the user's desired feature level. When inputted, the base install will unlock, or download, the feature sets he acquired a license for.

Not that I've avoided the phrase "feature set the user desires," since it's likely that MS will strategically bundle (a euphemism) sets in a "if you want this, you have to get this" fashion.
by Vegaman_Dan May 21, 2009 8:55 AM PDT
Consolidated installation media. That's something Apple has been doing for a while now and Microsoft will be adopting this method as well. I'm not sure how or why ballmerisanape believes that is being 'out of touch'.

Normally ballmerisanape is a pro-mac fan, but here.. well, I suppose he's a bit 'out of touch' himself.
by ballmerisanape May 21, 2009 1:43 PM PDT
catch23 .. actually I do.. and I have first hand experienced with industry standards. The difference?... this isn't a $20,000 medical software package... it is a consumer operating system. It should just work.
by Random_Walk May 20, 2009 3:19 PM PDT
Well, for what it's worth, they can have that particular patent... every other major OS is actively looking to maximize user featuresets, not the other way 'round...
Reply to this comment
by Dalkorian May 21, 2009 10:48 AM PDT
Actually, to me it seems obvious with lots of examples of prior art. In short, it shouldn't be patentable at all. That's the surprise to me, not that M$ is trying (successfully) to patent the crippling of their software but that they were able to patent an obvious idea that's been around for years.

More proof the patent system is severely broken I guess.
by gggg sssss May 21, 2009 5:56 PM PDT
uh - only if you PAY for them.
by signal7svr May 20, 2009 3:56 PM PDT
So for the convenience of Microsoft, millions of users need to install features they cannot use, and waste an untold amount of disk space for features they need to pay extra for? What next, pop ups nagging you to upgrade?
Reply to this comment
by Dalkorian May 21, 2009 11:31 AM PDT
Good question. I thought the added features only installed with they right key, but the way they're phrasing it sounds like you need the key only to *UNLOCK* the features (meaning they're installed anyway and eating disk space for no good reason - until you pay them to unlock it that is).

Anyone know for sure one way or the other and care to enlighten us?
by CTO_Dude May 20, 2009 3:58 PM PDT
The bigger question to ask is why they would do this. Usually you create a patent to cover your competition... not yourself. The interesting thing is that Microsoft already has different versions of Windows with different features. My guess is that this was a preemptive means of stopping someone from suing them over the ability to charge for different versions. (which they have been doing since Windows XP)
Reply to this comment
by tech_crazy May 20, 2009 6:08 PM PDT
What is so original about this that they got a patent for it? The software industry in general and the EDA industry in particular , has been doing this for decades - giving all the software but licensing individual/groups of features. If you pay for a particular feature, it is activated, otherwise not and hence cannot be used even though it is physically already there.

There must be something different that they must have claimed to get this patent.
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by michael_j_x May 20, 2009 6:23 PM PDT
or they are simply protecting themselves from law suits. As I recall, they were very recently sued for pattern infringement, that had to do with the Windows activation process. Maybe they are trying to avoid something like that from happening again.
by Vegaman_Dan May 21, 2009 8:56 AM PDT
Sometimes you get a patent on something that is obvious if only to prevent patent trolls from beating you to it and then suing you for doing something that has been going on for ages.

Looks like a preventative measure against patent trolling to me.
by Dalkorian May 21, 2009 10:53 AM PDT
What Dan sees as a "preventative measure" I see as adding new weapons to the arsenal. Now that they have this obvious idea with many prior examples patented, they can threaten virtually everyone with "patent infringement" and extort what they want. How many infringements will they claim against Linux now (without any proof, of course)?

Different sides of the coin?
by gggg sssss May 21, 2009 5:57 PM PDT
lawyer up
by GatesOfHell May 20, 2009 6:18 PM PDT
Wonderful. Microsoft can now sues Adobe for publishing font collections but only allowing the users who have purchased particular fonts to unlock them. And the untold masses doing this type of thing before and after.

OTOH, it'll be fun to buy version X of Windows, unlock and install it and then later decide I need more features. So I buy them and hope that they install correctly. Ought to be fun.
Reply to this comment
by rcrusoe May 21, 2009 8:32 AM PDT
"Microsoft can now sues Adobe for publishing font collections but only allowing the users who have purchased particular fonts to unlock them."

I doubt it. There's prior art on unlocking features going back decades. (I once spent 6 weeks trying to to our corporate accountants why there was no receiving document for a $10,000 purchase from AT&T - they just dialed into our PBX and enabled a new feature)

Depending on how it is written, IMO, this has an excellent chance of being nullified the first time they try to enforce it.
by Dalkorian May 21, 2009 11:33 AM PDT
I hope Rcrusoe is right, but it could take some rather deep pockets to do battle with the arsenal of M$ lawyers.

Unless this causes people to finally challenge the patent office to clean up it's act, I see nothing good coming from this.
by t8 May 20, 2009 7:22 PM PDT
How about Microsoft pay the customer every time they have to rid Windows of viruses.
Reply to this comment
by monkeyfun14 May 20, 2009 7:31 PM PDT
How about you pay me for every kb of bandwidth your comments waste?
by rubenerd May 20, 2009 9:12 PM PDT
monkeyfun14, he was making a legitimate point framed in a joke. Your comment is the one that added nothing to the discussion.
by kcotham May 20, 2009 9:20 PM PDT
@monkeyfun14
How about you paying all of us every time we have to read your idiotic comments?
by Vegaman_Dan May 21, 2009 9:01 AM PDT
@t8:

If you aren't going to contribute anything useful to the conversation, then please keep your comments to yourself.

@Monkeyfun, rubenerd, kcotham- you three also did nothing to add to the conversation and should have kept quiet. t8 would have looked all more the fool for having silence greet their trolling attempt.
by kcotham May 21, 2009 4:13 PM PDT
@Vega

You are a pompous, self-righteous, rude, arrogant, jerk with nothing of value to contribute ever. You are incapable of writing anything without some insult interlaced into it. You are capable of nothing more than "I know you are, but what am I?" sorts of arguments. Do us all a favour and go back to your Windows programming and leave us the hell alone.
by rubenerd May 20, 2009 9:19 PM PDT
Putting aside the concerns of prior art (which I believe there is here), let's be honest here folks. Most people don't care about this nonsense, they just want a computer that works. As soon as the general public starts getting messages saying they need to purchase a premium extension to do something extra that other machines could do out of the box, there's going to be even more negativity.

This whole move along with having 7 different versions designed to confuse consumers, one version of which only allows three applications to run at a time (lunacy) shows how completely out of touch Microsoft is with their customer base. It's a shame, because Windows 7 has the potential to be much less of a headache to use than previous versions.

The sad thing is, they can get away with it, and they will.
Reply to this comment
by aMUSICsite May 21, 2009 12:57 AM PDT
You can almost see the Apple video making fun off this as 'the PC' tries to justify why you have to pay more over and over again and 'the Mac' explains you get everything with OS X for one price.
Reply to this comment
by myles taylor May 21, 2009 7:37 AM PDT
And it's sadly true. A lot of Mac ads exaggerate and Windows ones do as well. Unfortunately, that would hit the nail right on the head.
by Vegaman_Dan May 21, 2009 9:05 AM PDT
Or it could be spun the other way around- Apple forces you to pay for features you do not want nor use, making the product artificially higher than it needs to be for some users. That falls into the 'Apple tax' factor perfectly.

Microsoft could play that quite well- With Windows you, the customer, get to make the choice of what you want to buy and use. You are not forced to buy things you do not want.

Just a consideration to show that you can take the same situation and spin it in both ways quite effectively.
by Dalkorian May 21, 2009 10:57 AM PDT
Try that argument while comparing retail prices of w7 and 10.6 and see how that works for you, Dan. The sound of laughter you hear is the rest of the world laughing at you.
by kcotham May 21, 2009 4:15 PM PDT
Vegaman_Dan is works on the Microsoft campus so anything he says should be taken with a grain of salt. His views are obviously biased and unfounded.
by tm_anon May 21, 2009 7:57 PM PDT
And Linux comes along and gives me everything for free.
by microcosm--2008 May 21, 2009 1:59 AM PDT
I don't understand how they got a Patent for this. We have been supplying this functionality to software developers with our copy protection systems (CopyControl, CopyMinder, Dinkey Dongle) since 1989.
Reply to this comment
by Dalkorian May 21, 2009 10:58 AM PDT
$$$

(It's the same way they tried to force through that atrocious OOXML "standard" through the standards process. Money talks, lots of money talks loudly.)
by MadLyb May 21, 2009 3:08 AM PDT
OK, has everybody missed the obvious?

How did this patent get through in the first place?

Lot's of companies control feature sets based on PAKs (Product Activation Keys) and have for years.
Reply to this comment
by Vegaman_Dan May 21, 2009 9:07 AM PDT
Simple. The patent system is broken as it currently stands. Microsoft put this patent in now before someone else does and starts the patent trolling process.

If Microsoft goes after other companies that use this process, then it's a bad thing. If they do this only to prevent patent trolls from going after Microsoft, then it will be a good thing for them.

In the end, it's the patent system that made this necessary. :P
by Dalkorian May 21, 2009 11:00 AM PDT
I ain't shy about beating Dan over the brow when I don't agree with him (see above :)), but he hit the nail on the head here. Hate M$ as I do, I still can't blame them for gaming the system this way - it's the patent system that's broken enough to allow this silliness.
by biffhenerson May 21, 2009 7:00 AM PDT
This method of activating features is going to be much broader than the operating system. Future versions of Office and servers will also employ this pay per feature capability. Dont need all the bells and whistles in the operating system or office product? Dont pay for them. Rather than thinking of this as Microsoft locking things down, think of it as them being able to provide less expensive versions of their products. Want spell check? Pay $.05 to check this document or pay $10 to unlock this feature.
Reply to this comment
by shycelticwitch May 21, 2009 7:27 AM PDT
Glad OS X has that feature built into the operating system itself. ROFL. Pay for spell check? ROFL
by Vegaman_Dan May 21, 2009 9:08 AM PDT
@shycelticwitch:

"Glad OS X has that feature built into the operating system itself. ROFL. Pay for spell check? ROFL"

And those people who use it are even more foolish. Pay for spell check? Who would USE spell check? Simply learn to spell correcty in the first place and you won't run into this issue in the first place.
by Dalkorian May 21, 2009 11:23 AM PDT
What Biff describes most people would refer to as "nickel and dimeing the customer to death".

Is it ironic that my Mac spell checker has highlighted "dimeing" as misspelled (how else would you spell dime-ing; "diming" is marked as misspelled as well?) and suggests I actually mean "dimming"?
;-)
by kcotham May 21, 2009 4:18 PM PDT
Relying completely on spell checkers is never a good idea. But the software is a very useful tool for catching a lot of typos. Always proof-read your work. Even then, errors will creep in. It's human nature.
by jaschwa May 21, 2009 8:20 AM PDT
Its really scary how software concepts in wide use can be patented. This is just another example.

One comment stated that it would limit Microsoft but not their competition. Just the opposite. Anyone using a key to unlock additional features will have to pay Micro$oft a license fee or risk being sued.

Its incredible to me how the PTO can grant these kinds of patents. Hope someone with deep pockets can challenge this patent.
Reply to this comment
by archetech-2009 May 21, 2009 5:51 PM PDT
Perhaps the only way to stop this insanity is for someone to patent the business process of getting patents for obvious business processes.
Reply to this comment
by danmar37 May 24, 2009 3:59 AM PDT
Can you say Windows by subscription? Will they start selling time-limited licenses?
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About Beyond Binary

During her years at CNET News, Ina Fried has changed beats several times, changed genders once, and covered both of the Pirates of Silicon Valley. These days, most of her attention is focused on Microsoft.


Beyond Binary is a look at how technology is changing our lives and the people behind all that life-changing stuff, with an extra emphasis on that which emanates from Redmond, Wash.

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