The August silly season and the absurd case of Microsoft patents on the iPod
Tags: iPod, Marketing, Apple, Microsoft, Patents
In the words of the university president in that classicly wonderful nerd movie, Real Genius,
Sadly, the reporters who have been writing the silliness about Apple owing licensing fees to Microsoft have been ignoring this piece of sage wisdom. Some have felt compelled to write that Apple will have to pay hundreds of millions of dollars a year to Redmond regardless of the facts.
Fortunately, we've got people like Wizbang Blog and Engadget who are providing some counterpoint to this silliness. If anyone were to bother to check the history of the device, the iPod was released in the fall of 2001 (I know because I helped review it for the Media and Devices group at Forrester Research). Microsoft's patent was filed in 2002 as was Apple's. Because the shipping device predates both patent applications, neither are likely to be granted because of prior art. So all those reports about Microsoft inventing and owning a piece of the iPod are just silly bits of fiction. I guess this is just confirmation that we are in the height of the August silly season in technology reporting.
The silliness continues. SkyNews now is claiming that Microsoft is already asking for about $10 an iPod. Again, repeat after me. The United States patent system is based upon a "first to invent" philosophy, not "first to file" as in many other countries. The sale of iPods in 2001 will eventually invalidate both patent applications. And please note that Microsoft's patent has only been applied for, not approved, so any licensing deal is way ahead of the facts.
Sheesh.
In the words of the university president in that classicly wonderful nerd movie, Real Genius,
"Always.... er.... Never..... forget to check your references."
Sadly, the reporters who have been writing the silliness about Apple owing licensing fees to Microsoft have been ignoring this piece of sage wisdom. Some have felt compelled to write that Apple will have to pay hundreds of millions of dollars a year to Redmond regardless of the facts.
Fortunately, we've got people like Wizbang Blog and Engadget who are providing some counterpoint to this silliness. If anyone were to bother to check the history of the device, the iPod was released in the fall of 2001 (I know because I helped review it for the Media and Devices group at Forrester Research). Microsoft's patent was filed in 2002 as was Apple's. Because the shipping device predates both patent applications, neither are likely to be granted because of prior art. So all those reports about Microsoft inventing and owning a piece of the iPod are just silly bits of fiction. I guess this is just confirmation that we are in the height of the August silly season in technology reporting.
The silliness continues. SkyNews now is claiming that Microsoft is already asking for about $10 an iPod. Again, repeat after me. The United States patent system is based upon a "first to invent" philosophy, not "first to file" as in many other countries. The sale of iPods in 2001 will eventually invalidate both patent applications. And please note that Microsoft's patent has only been applied for, not approved, so any licensing deal is way ahead of the facts.
Sheesh.
posted by Carl Howe at
9:05 AM
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