Essay Preview: Mr.Report this essayIntellectual Property Conflicts Between Microsoft and Free and Open Software (FOSS)IssueMicrosoft is claiming the publicly that free and open-source software (FOSS) violates some of Microsoft patents. In an article by Fortune, published by CNN, Microsoft announced that “Linux” violates at least 235 of its patents. It forced the user of FOSS to pay Microsoft royalty fees upon behavior as stated above. Among the patents infringed upon are 45 that apply to OpenOffice and 83 that apply to FOSS applications that are not part of the Linux kernel or its commonly associated graphical interface. However, Microsoft have not take any legal action yet and it keeps the patent details in secret.
If Microsoft is so desperate to get its way, the patent issue is not only legal, but also lucrative. At least a third of their FOSS projects are considered open source and would be considered major contributors to a Microsoft-dominated global open source operating system. If no-one pays royalties on an application, it makes great sense that Microsoft have to put it on a patent board to avoid any potential litigation brought by Apple or others. The reason why FOSS projects would be able to benefit from a royalty fee is because of this fact. Of course, every Microsoft application (except a Linux-based program using X. Open project) has that patent application on the table with the corresponding operating system. This means you can give an application all its code, but not a Linux-based program which is going to have a fair share in the profits and is better off if a software company makes applications for an operating system that are non-Foss-friendly.
Microsoft claims the patent on OpenOffice-based Linux applications, but it is actually written in Windows operating system.
OpenOffice is the free version of Microsoft’s free Office suite. The Linux edition is available in the “Office Free” store.
There are several competing OpenOffice systems in the market currently available for Windows users. There are at least 3 operating systems in Windows that can be used for both Windows desktop and a Windows Server 2008 and 8. To add further to the list, many Windows 10 machines lack the “ActiveDirectory” functionality, and the license does not allow the developer (and thus the author) to write to/edit/modify the Windows operating system.
One of the many patents that Microsoft claims makes use of the “ActiveDirectory” property is entitled “Assignments for the Use of Multiple Software.” Microsoft claims that this is an act of fair use. Microsoft claims that many users have already bought a Microsoft software package to access Windows 10.
The patents claim that the software program that handles the Windows XP and Windows 7 operating systems (Office 2010/2012) must have the Windows® operating system. Microsoft claims that OpenOffice requires Windows Server 2003 Software to have the Windows operating system.
In other words, Microsoft is able to obtain the Office 10 license from a developer in one of the free operating system markets. Not only does Microsoft have to install all of the products it manufactures, but also all of the software that Office 2010/2012 makes available, and even those products are not free, open source.
When this patent is applied, Microsoft claims that “a patent [is] in force and can continue the program without any modification, modification, or warranty of any kind.” It also claims that patents can be applied only in one state over a period of time. This patent is not in violation of Microsoft
RuleIntellectual property (IP) refers to an outcome, invention or creations of innovation and creativity. As claimed by Microsoft, the term patent is to exclude others from making, using or selling the invention or using process. Anyone who uses, manufactures, produces or sells the invention or process embodying the invention with or without commercial benefit is considered as IP infringement.
Microsoft claims that FOSS has used its process (refer to the program coding) to produce the same functionality as Microsoft Window provide. This included the graphical user interface such as mouse click, double click, menu style and so on. Whereas the kernel programming is refers to the coding on how the processor of computer)being interfacing by other hardware such as RAM, hard disk, DVD ROM and so on.
However, there is exception for the patentable invention which stated that discoveries, scientific theories and mathematic methods can not be patented.
AnalyzeSoftware can be copyrighted to prevent ones from copying it. Microsoft Windows is copyrighted. For those who is using or copying the software unauthorizedly can be considered as IP infringement behavior. But now, the condition is different, FOSS do not copy the Microsoft’s software. So it can not be sued upon infringement of copyrighted product. Instead of it, Microsoft claims that FOSS has using or copying their coding in producing their software. Can coding being patented?
If we review the rule, one can patent the new, useful inventions and its process and apparatus to produce it. Microsoft Windows is definitely a new product which use graphical user interface in computer (precede by DOS operating system, no graphical user interface at that OS) and of course it is useful in those computer works. Therefore, it can be patented and according