Monday, April 25, 2005

Graphics patent suit fires back at Microsoft

Speaking of Microsoft, here's a story from last week that addresses the JPEG patent issue that Jack and I talked about on the show yesterday. I had missed the fact that Forgent is suing MS over this. I'm betting on Microsoft to win. I'm fact I'm rooting for them to win.

Their highly paid legal staff had a little time to decide whether to pay the outrageous royalty or license fee, or to refuse and fight. I have a feeling that MS would not be fighting unless their legal eagles thought they had a good chance. In this case. I see MS as the good guy with the deep pockets fending off a company whose claim is shaky (there appears to be a good case for prior art) and who has based a business model on something that they bought and forced fit in order to mooch off of others. But you say others have paid so that must mean that Forgent's claim is legitimate? Think again, it may have been more cost effective for them to pay than to fight, no matter how specious the claim. It may have been the best way for those who paid to protect their bottom line irregardless of the validity of the patent. Microsoft's pockets are about as deep as pockets go, so perhaps it was more advantageous for them to stand firm.

I see Forgent as very SCO-like in many ways. I see both as parasites trying to make a living off of the sweat of others on shaky claims on things created to be free and open. Things that they bought and then "discovered" (SCO didn't even really discover -- they went fishing) and are using as a club on the community. They have created zero, zip, nada. Both threaten the greater good. Both are being opposed by industry giants who have not always been squeeky clean themselves.

Like I said, I hope Microsoft wins.

IMHO and IANAL

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