Microsoft Sued Over Windows Update
Source: Tom's Guide US | Keywords: Microsoft, BITS, Lawsuit | Themes: Software
Looks as though Microsoft is being smacked around left and right, as this time the company faces a patent infringement regarding the Windows Update process. Doh.
Windows Update has been a part of Microsoft's operating system since... well, at least since Windows 98. The system is part of the OS backbone, providing security fixes, feature improvements, and updated drivers imperative to the operating system's continued functionality. However, it seems that Microsoft has crossed the line somehow by providing this embedded technology, infringing on a 1999 patent filed by Israeli company Backweb Technologies (PDF). Now Microsoft faces a full-fledged lawsuit, filed in the San Francisco federal court this past Friday.
To be quick to the point, the actual filing reads as follows: "Method and apparatus for transmitting and displaying information between a remote network and a local computer." The lawsuit charges that Microsoft's Background Intelligent Transfer Service (BITS), originally released in Windows XP back in 2001, actually infringes on four U.S. patents owned by Backweb. The company is seeking damages, an injunction, and a declaration by the Court that Microsoft's software update technologies infringe BackWeb's patents. Unfortunately for Microsoft, not only is the BITS product used regularly for Office, Internet Explorer, and Windows, but other companies developing Windows-based applications use BITS as well.
Although debuted back in 2001, the BITS technology is now an embedded service within Windows Vista, Server 2003, and Server 2008. BITS is actually a file transfer service, performing either in the foreground or background, and throttles the transfers to preserve the responsiveness of other network applications. The BITS service thus automatically resumes file transfers after machine reboots and network disconnects. Microsoft began to commercially distribute v3.0 back in 2007, granting the capability to transfer files in a peer-to-peer networking fashion.
"Microsoft manufactures, uses, and sells products that infringe the three Transparent Update Patents," reads the complaint. "With the introduction of BITS Ver. 3.0, Microsoft has also infringed BackWeb's '289 Patent.'"
Microsoft has been under fire for some time now, facing charges that the company allegedly knew about faulty Xbox 360 hardware issues before shipping the initial batch. Microsoft also recently settled another patent-infringement issue with PalTalk holdings in relation to the Xbox Live Service. The company has also faced recent problems overseas, accused of monopolizing the browser market by embedding Internet Explorer into the Windows operating system; the browser is now optional.
For the moment, Microsoft has not issued an official statement, only claiming that the company has yet to receive the complaint.
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Did Israel just now get Windows XP released in a localised version, why the delay in filing a lawsuit? I doubt Microsoft knew of these patents (which, thankfully, isn't an excuse for patent violation), but to wait 8 years to file doens't make them sound very legitamate.
I'm also a little skepticle about an Israeli patent house. I work in the aerospace industry, and there's a lot of sentiment about less than reputable Israeli companies and stolen technology.
I wonder how many lawsuits microsoft has. If they aren't fpr patent infrigement, they are for monopolistic practices or for low quality products (XBOX 360 anyone?). This only tells us that Microsoft doesn't care about anything but money =)
Tomshardware please fix your web site because I keep getting "an error has ocurred" message when there is none.
Why wait EIGHT YEARS to file suit?
I wonder how many lawsuits microsoft has. If they aren't fpr patent infrigement, they are for monopolistic practices or for low quality products (XBOX 360 anyone?). This only tells us that Microsoft doesn't care about anything but money =)
Tomshardware please fix your web site because I keep getting "an error has ocurred" message when there is none.
If you don't have a business plan the next best option is to sue Microsoft.
It looks as if Microsoft could be paying some kind of royalty fee..
High Damage, let me get this straight. The fact that Microsoft gets sued frequently means that Microsoft only cares about money? That's logical.
Why wait EIGHT YEARS to file suit?
because they are having bad year because of the economy. it is a world wide problem.
Doubt this will go anywhere... at worst, MS will pay them off in a settlement.
And if hellwig (above) works "in the aerospace industry," then I'm a fricken astronaut.
Doubt this will go anywhere... at worst, MS will pay them off in a settlement.
And if hellwig (above) works "in the aerospace industry," then I'm a fricken astronaut.
Why wait EIGHT YEARS to file suit?
because they are having bad year because of the economy. it is a world wide problem.
And if hellwig (above) works "in the aerospace industry," then I'm a fricken astronaut.
That's a relief, I just assumed you were in the fast food industry.
"Method and apparatus for transmitting and displaying information between a remote network and a local computer."
Isn't that what the INTERNET is? I call bull**** on this one. It's another case of a worthless patent troll. What kind of technology has that Israeli company released based on that patent?
If you don't have a business plan the next best option is to sue Microsoft.
Qft.
I am pretty sure I have heard of this Backweb Technologies in patent lawsuits before. To my knowledge (which is limited) they are one of those companies that see something, patents it, and then tries to sue the users after the fact.
"Method and apparatus for transmitting and displaying information between a remote network and a local computer."
Yeah right. Hell, microsoft wont even have to fight this. I doubt BackWeb's lawyers could say this with a straight face.
this just shows how broken our patent system is...
Software patents were a horrible idea, this is exactly why. There's a bit of satisfaction though since Microsoft has been patent trolling with others like TomTom. What goes around, comes around.
If I was that company I would disown Windows Update....it's a disaster, no wonder they make restore points before updating. Windows update reset my pc overnight without consent, killed some downloads and that's just plain annoying.
If they patented this technology, then they must have made a product using this technology right? I don't see anything anywhere stating that they've used this technology in an products of theirs. This looks to me like they patented the idea and waited to see who would try to make it first, then sue the hell out of them once they get into a tight spot.
the patent system is broken, the charges or giving patents, charges for patent disputes, so it has no insentive for fixing it, it basically settled by the coarts. what did you think it was only our financial system that was broken, corrupt, ect...
one more point, you can't patent an idea, here is from ipwatch faq
"Unfortunately, despite what you may have heard, there is no effective way to protect an idea through intellectual property law. Copyright protects expression and patent law protects inventions, and neither protect ideas. In both cases the idea is the first critical step, but without some identifiable embodiment of the idea there can be no intellectual property protection"
the thing is it throws the dispute to the courts where the parties settle. so microsoft will settle because it will be cheaper than fighting it to win. since most business do this, it ends up with a system that really ends int the courts and ends up costly, think of the products that you buy and their cost and all the pennies in those costs being paid by companies because they settled. it adds up... so the scammers continue.
First Let me state that I do not know if Isreal is 1 of the Multitude of Middle Eastern Countries that have just been granted the ability to use Windows XP (Seeing as how many are under an international Embargo of Software and Hardware and limited to Windows 98 (India, Pakistan just to name a few)) Secondly if you read the Filing you would see that these are patents on software developed in Isreal, but patended in the US under the corporations office in San Jose, CA. so therefore it is not a "patent house" as refered to previously secondly it is a Legal binding US Patent. Therefore they have every right to pursue injunctive action aganst M$ IMO.
secondly it is a Legal binding US Patent. Therefore they have every right to pursue injunctive action aganst M$ IMO.
in how the laws are implementated that's an empty statement, anyone can sue anyone, for anything, the courts determine legality. its also well known that us patent system is broken and regularly abused. company's like microsoft, sun, ect are sued all the time and are sueing all the time, it's a part of doing business, setting a case does not imply legal justice, correctness, ect, it's often just a business financial calculation, it will cost me x to fight it all the way and x - y to settle it, so if its cheaper to settle it, then settle it. regardless of legal precedence. just because you have a patent does not mean you will win, or are correct to have that patent, the patent office give out patent in exchange for $$$, they have a financial insentive, like us financial products rating agencies to give ratings, to give patents, they get money, if they didn't give them and passed the problem to the courts, then they would not make as much money as they do...
Seriously, why even patent software? Makes sense for hardware, but why software?
Bull crap stuff. Everyone is picking on Microsoft. If I came up with something that I can utilized and someone comes along and tries to sue me for it. I'd Smack them in the face!!. then I wont mind paying for a lawsuit because I've already gotten my LICK!
patent now is a big business there, it is increasing everyday, it makes me sick that the court is use as a collector for anything that makes money. democrazy
That's a crap patent. That would cover bit torrents with a GUI, Internet Communication, and just about all update software. Heck I can even see the EFF trying to shoot this patent down since if it stands they could target every Linux distribution that gets updates online. I hope this company goes down in flames
i think City University of New York is creating a new career opening for inc freshmans.
its called suing. its the way of the future! i sue you for putting your candy wrapper in my garbage! i sue you for putting garbage in the recycling! i sure you for not recycling efficiently!
Why wait EIGHT YEARS to file suit?
Because times are tough NOW! This appears to be a common thing these days towards the cash cows.
I just scanned through the linked PDF file, that includes their patents. Basically, they managed to "patent" the concept of transmitting files between a server and a host computer in a background process that monitors total traffic over the connection to give such transmissions lower priorities than higher priority transmissions.
It reads like a general design and includes diagrams outlining the components of such a system. They even mention using TCP/IP and other public domain protocols to do this. They use existing technology to monitor the resources, existing database technology, etc.
How they could patent such a general software concept, that has many applications on the internet, is beyond me.