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Lucent Sues Microsoft, Wants All 360s Recalled 475

robyannetta writes "Lucent has filed a lawsuit against Microsoft, demanding that they pull all Xbox 360s from the market. Lucent claims that Microsoft has violated their MPEG2 patents which they claim they patented in 1993." While it's unlikely console will be pulled from shelves, it's one way to generate some publicity.
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Lucent Sues Microsoft, Wants All 360s Recalled

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  • The Patent (Score:5, Informative)

    by Mike deVice ( 769602 ) on Friday April 07, 2006 @12:59AM (#15082153)

    For those who like to read such things, the patent is right here [uspto.gov].

    It is long. Very, very long.

  • by pavera ( 320634 ) on Friday April 07, 2006 @01:00AM (#15082160) Homepage Journal
    You like most other slashdot folks are mixing your metaphors, or IP jargon. Trademarks must be inforced or you lose them, patents not so much. You can selectively enforce patents all you want. The "statute of limitations" on patents is 24 years, or however long patents are good for now... As long as your patent is valid you can sue infringers of that patent.
  • by DrMrLordX ( 559371 ) on Friday April 07, 2006 @01:02AM (#15082171)
    It's 20 years [uspto.gov] I do believe.
  • by MustardMan ( 52102 ) on Friday April 07, 2006 @01:03AM (#15082177)
    So instead of reuters [reuters.com] or the washington post [google.com] or, shit, even cnet [com.com], we get a nobody gamer site with an article that has no links to anybody credible. Brilliand reporting from slashdot, as usual.
  • by thesuperbigfrog ( 715362 ) on Friday April 07, 2006 @01:03AM (#15082179)
    I don't think that Lucent is holding all the cards here. There are many other groups that could have a say in this lawsuit:

    Approximately 640 patents world wide make up the "essential" intellectual property surrounding MPEG-2. These are held by over 20 corporations and one university:


    * Alcatel
    * Canon Inc.
    * Columbia University
    * France Télécom (CNET)
    * Fujitsu
    * General Electric Capital Corporation
    * General Instrument Corp. (now the broadband division of Motorola)
    * GE Technology Development, Inc.
    * Hitachi, Ltd.
    * KDDI Corporation (KDDI)
    * Lucent Technologies
    * LG Electronics Inc.
    * Matsushita
    * Mitsubishi
    * Nippon Telegraph and Telephone Corporation (NTT)
    * Philips
    * Robert Bosch GmbH
    * Samsung
    * Sanyo Electric Co., Ltd.
    * Scientific Atlanta
    * Sharp
    * Sony
    * Thomson Licensing S.A.
    * Toshiba
    * Victor Company of Japan, Limited (JVC).

    -- from the Wikipedia

  • by afaik_ianal ( 918433 ) * on Friday April 07, 2006 @01:03AM (#15082182)
    Yep, the linked article is unfortunately pretty light on both detail and factual accuracy. A much better source of information, with a reference to Lucent's patent is available here: http://www.theinquirer.net/?article=30743 [theinquirer.net].

    The patent being disputed is available here [uspto.gov]

    Still, the original GamerNode link for this story is an amusing read, with gems such as, "Lucent claims that Microsoft has violated copyright patent laws". Uh.. What is a 'copyright patent law'? Are they trying to say that Lucent has the copyright on the patent laws? Or are they just confused about the difference between these two relatively unrelated concepts?
  • by UR30 ( 603039 ) on Friday April 07, 2006 @01:04AM (#15082193) Homepage
    In related news from 2004 [lucent.com]: "Lucent Technologies names Jan M.K. Jaferian as Intellectual Property Business President ... protecting, enhancing and generating value from Lucent's Intellectual Property assets, which includes Lucent's extensive portfolio of nearly 14,000 active patents worldwide."
  • by Anonymous Coward on Friday April 07, 2006 @01:09AM (#15082222)
    Microsoft is really treading on thin ice with the 360.

    They already have on class action suit in the works with the 360. And the massive number, and variety, of hardware defects with the system are certainly going to lead to more suits down the road.

    With how bad the 360 is doing in Japan and Europe, and selling at half the rate of the first Xbox in the US, Microsoft might best just forget about the 360 and the console market and focus completely on Vista gaming. They tried to distance themselves from the PC market with the first Xbox but after that failed in the market they have been increasingly turning to Vista and PC game developers as the base of support in the games market.

    As anyone who has a 360 or spends time around people who have 360s, the hardware defect/crashing problems do not seem to be getting any better. It is not uncommon for people to be on their second or third 360.

    There has to be a point where the defects, low sales, patent lawsuit, class action lawsuits all lead Microsoft to say f-it and turn their attention completely to Vista where they don't have to deal with any of this mess.

  • by kfg ( 145172 ) on Friday April 07, 2006 @01:21AM (#15082280)
    isn't MPEG2 a software thing?

    MPEG is a codec. If you implement it in software it's a software thing.

    If you implement it in hardware, like a DVD player, or 360, well, it's not.

    KFG
  • More info (Score:3, Informative)

    by Kangburra ( 911213 ) on Friday April 07, 2006 @01:27AM (#15082299)
    The full document can be got here [vnunet.com] in PDF format.

  • by LMariachi ( 86077 ) on Friday April 07, 2006 @01:36AM (#15082325) Journal
    Not exactly. Google the "laches defense" parent mentioned. Yes, patents can be selectively enforced, but you can't knowingly allow an infringer to continue violating your patent in order to make them a juicier target before bringing action.
  • by zcat_NZ ( 267672 ) <zcat@wired.net.nz> on Friday April 07, 2006 @01:49AM (#15082374) Homepage
    If you own a patent-violating xbox and decide to keep using it (because, for example, the replacement from Microsoft can't play DVD's any more) then you are personally responsible for continuing to violate whatever patents apply.

    And should you be personally sued for using infringing technology, the following paragraph gives you a fairly clear idea of what help you can expect from Microsoft;

    17; exclusion of incidental, consequential and certain other damages. to the maximum extent permitted by applicable law, in no event shall microsoft or its suppliers be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the software, the provision of or failure to provide support or other services, informaton, software, and related content through the software or otherwise arising out of the use of the software, or otherwise under or in connection with any provision of this eula, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of microsoft or any supplier, and even if microsoft or any supplier has been advised of the possibility of such damages.

  • Re:All 360s? (Score:5, Informative)

    by gabebear ( 251933 ) on Friday April 07, 2006 @01:49AM (#15082375) Homepage Journal
    "MPEG2 and all MPEG related standards are "owned" by MPEG LA, who licenses the technology. It would be one thing if Microsoft deployed a product with MPEG2 playback capabilities without paying the license, but then where is Lucent in all this? Is this some crappy dredge up of a vague compression scheme like Unisys pulled?"

    The patent [uspto.gov] covers one implemntation of encoding/decoding MPEG2 video, not the actual formating of the data in the file like the UNISYS case. The lawsuit [gamesindustry.biz] is definately real and it looks like Microsoft is going to be handing a wad-o-cash to Lucent for this.

    Think what would have happened if Jack Bresenham [wikipedia.org] had patented all of his work...
  • Re:Sony's reaction (Score:3, Informative)

    by Big Nothing ( 229456 ) <tord.stromdal@gmail.com> on Friday April 07, 2006 @01:50AM (#15082380)
    Yep, definately a Nelson voice.

  • Re:All 360s? (Score:2, Informative)

    by akuma(x86) ( 224898 ) on Friday April 07, 2006 @02:04AM (#15082426)
  • Not necessiarly (Score:5, Informative)

    by Sycraft-fu ( 314770 ) on Friday April 07, 2006 @02:43AM (#15082515)
    MPEG-2 is controlled and licensed by MPEG LA (licensing authority). The idea is that everyone who holds the patents got together and agreed they could be used for this technology, and license woudl be paid through this central authority, which would then distribute the money. Has to be done that way or the technology is going nowhere, nobody is going to get hundreds of licenses.

    Well I gaurentee that part of that was giving MPEG LA discresion over licensing, that if they grant a license you have to agree it's valid. So not sure what Lucent thinks they have here, but if it's something covered by the MPEG-2 umbrella, they probably don't have much case since MS paid the license for that.
  • by Shihar ( 153932 ) on Friday April 07, 2006 @05:24AM (#15082891)
    Personally, I liked the original US system of copyright. It was almost perfect. If I recall correctly you could register creative material for a 14 year copyright. The default was that copy write was an opt-in system. In the current system, EVERYTHING is copyright by default. This fucking message is copyright. After the first 14 years was up, you could renew for another 14. The idea was that only stuff that was worth copywriting was copyright, and that it was for a LIMITED amount of time. With copyright laws as they are, they might as well be forever. ...yeah, someone has been reading FreeCulture...

    As far as patents, they are an entirely different beast. The biggest issue I have with patents are the mind numbingly low bar they have set to get an idea patented. Further, they also tend to scoop very wide swaths of "ideas" that have little to do with the original idea. The entire idea that you can patent business models and methods is infuriating. Speaking as someone who has been involved in getting things patented, the entire system is completely fucked. Don't get me wrong, I am all for patents. Patents do serve a very useful purpose and do indeed help innovation. I just am not a fan of the way they are set up now.

    I really have no problem with blowing a billion dollars to develop a new drug and getting a patent for it for a few years. That encourages innovation. Without that patent, they would be leery about spending so much money on developing novel new drugs. On the other hand, you have dumb shit like how a cereal bar have patents on "mixing different cereals" and filling a bowl 1/3 the way with milk. Patents in such cases are destroying innovation, not helping it.

    I think the point people miss is that patents and copyright are NOT there to compensate IP holders or even the creators. They are there to encourage innovation and nothing more. When the law starts throwing wrenches in the cogs of innovation, the system is failing.
  • by Kilz ( 741999 ) on Friday April 07, 2006 @07:59AM (#15083213)
    Surely they are the only ones who have ever created an MPEG-2 compliant video device. Surely such a thing doesn't exist in _every_ Free movie player that exists. You and many others might not care, but this is far more frightening for free video software ( i.e. mplayer totem etc ) than Microsoft. This patent runs on linux to the whim of the shareholders of Lucent.
    You are mixing hardware and software. A device is hardware, a player like mplayer or totem is software. The suit also includes dell and gateway because they are M$'s hardware partners Ecmmercetimes story [ecommercetimes.com] .
  • by Comboman ( 895500 ) on Friday April 07, 2006 @08:21AM (#15083276)
    Software is especially precarious in this way. I don't need the master recording of a song to be able to distribute and change that song, but if I don't have the source to a program, all I can do is distribute a binary. I think this is a very important and fundamental issue with copyright law that Congress has not fully thought through.

    Even if copyright terms for software were made shorter (a good idea BTW) that still wouldn't require the creator to release the source code. It wouldn't even require the creator to unlock the copy protection/DRM. It just means that anyone can legally copy and redistribute (even for profit) the original release. Forcing the creator to cough up the source code for something they're no longer going to make money on would be difficult, assuming the source is even still available (I know I'd be hard pressed to find source code for stuff I wrote only 10 years ago).

    But wait, it gets even better. What if an old piece of software (lets say King's Quest I) contains music? If the copyright limits for software and music are different, then the one with the longest term will apply (unless the music can be removed from game). This happens even now. I bought a cheapy DVD of the Beverly Hillbillies (poke fun if you must) and the theme song (best part of the show) was removed and replaced with some generic bluegrass fiddle music. I'm guessing DVD distributor paid for the distribution rights for the show but not the music.

  • by Anonymous Coward on Friday April 07, 2006 @09:05AM (#15083424)
    Lemelson had 14 patents efectively declared invalid and unenforceable because of the doctrine of prosecution laches.

    That's prosecution laches, or what is most commonly called a "submarine patent".

    For a more general case of a patent claim being barred for long-term failure to enforce the patent, see Wanlass v. General Electric. (also Wanlass v. Fedders where the claim was allowed due to slightly different circumstances)
  • by WinDoze ( 52234 ) on Friday April 07, 2006 @09:46AM (#15083650)
    Person/s cannot refuse usage of patent.

    I believe this is already the case. Holders of patents are required to license the use of their patent for "a reasonable fee." I don't believe they are allowed to simply refuse to allow other parties to use their technology. It's part of the condition of being allowed to hold the patent.


    You are not required to license a patent you hold to anyone. You can keep it all to yourself if you'd like. But you'll probably make more easy money if you license it.
  • by niskel ( 805204 ) on Friday April 07, 2006 @10:06AM (#15083790)
    Umm... MS _did_ lisence DOS to IBM. The GP was being sarcastic.
  • by kfg ( 145172 ) on Friday April 07, 2006 @11:20AM (#15084435)
    Wouldn't it be firmware then?

    Yes, it would, but firmware is hardware; and there is firmware and then there is firmware.

    It is possible to imbed the software on a permanent chip. For mass produced consumer items where the software instructions are never going to be changed (such as the codec in a DVD player) this is a perfectly reasonable thing to do. It eliminates a manufacturing step, thus saving time and money, but leaves you with the captial expense of setting up to make the chips, so make sure you're really going to need a lot of 'em.

    My first IBM compatible PC actually had its OS on such a permanent chip. This confered all sorts of performance benefits on the computer, but. . .was nontheless a huuuuge mistake, because to upgrade the OS you had to actually physically change the chip.

    So most firmware for such items is done with an EPROM or an EEPROM. You have to program an E(E)PROM, but you don't have to make the chip, you just buy 'em and zap 'em. Once you zap an EPROM, that's it, it's now a permanent chip, just as if you had manufactured it with the instruction set hard coded. For most consumer items you'd use an EPROM, because they're cheaper per unit and you never expect to change the instruction set. If you expect the instruction set to need changing at some point in the future, however, (like the BIOS chip in your computer) you'd cough up the extra pennies per chip and plop in an EEPROM, because the extra E stands for "erasable."

    Of course, even if you use an EEPROM it dosn't mean you've bothered to include a means by which the user can erase and reprogram it. Say in a DVD player. In such a case the chip would have to actually be remove for erasing and reprogramming. Welcome to the $40/hr electronics shop.

    So what course did MS take? Well, they're making a mass quantities consumer item that they don't want users mucking around with, so one might deduce the most likely means of embedding the software, or we can simply to the horses mouth at ATI:

    "I had a brief but enlightening conversation with Bob Feldstein, Vice President of Engineering at ATI, who helped oversee the Xbox 360 GPU project. He spelled out some of the GPU's details for me, and they're definitely intriguing.

    Feldstein said that ATI and Microsoft developed this chip together in the span of two years, and that they worked "from the ground up" to do a console product. He said that Microsoft was a very good partner with some good chip engineers who understood the problems of doing a non-PC system design. Also, because the part was custom created for a game console, it could be designed specifically for delivering a good gaming experience as part of the Xbox 360 system."


    Custom designed, hacker resistant, if you want to upgrade buy our next product, console only chip.

    Oh well.

    I'll point out, however, that in their 2005 annual report MS notes that Lucent is seeking damages for patent infringement on several patents and the case is not Xbox specific but against all computers with Microsoft software preinstalled.

    Pretty kettle of fish, no?

    The demand for removal of the 360 from the shelves is because it is the only MS product in which the relevant technologies cannot be easily changed.

    Way to go for making the Xbox hacker "proof."

    KFG
  • by Maxwell'sSilverLART ( 596756 ) on Friday April 07, 2006 @12:22PM (#15085046) Homepage

    "Property Management" firms ... don't make or do anything but leech off anyone successful

    On this, I'd have to disagree. I'll admit that they don't produce the product for the end user, but in reality, the inventor almost never does. What "Property Management" firms do is create a market for ideas, particularly for smaller inventors. If I, as an individual or small R&D firm, come up with an idea, I have to find somebody to buy the rights to it in order to profit from it, or manufacture it myself. If the latter is impractical--as it frequently is, given the complexity of many modern inventions--then I'm left with only the former. To do that, I have to know who to contact at all of the companies that might be interested, convince them of the value of my product, and convince them to manufacture it--while at the same time not giving away so much information that they're able to create the thing themselves. Even if I have the contacts--a big if--making the sales pitches is a huge time investment, and I'd probably rather be doing more research.

    Enter the IP firm. Essentially, they're a marketing organization and a venture capital firm rolled into one. I can sell them my ideas, my patent rights, and walk away, my job complete. I get compensated, and I don't have to deal with the mess. Furthermore, if somebody does misappropriate the idea, I don't have to worry about it: A) I've already made my money, and B) the patent is held by somebody who's likely to have far greater legal resources than I do. While you may not like that, it at least evens up the odds when dealing with the big corporation that is likely the one who is abusing the patent.

    So yes, as a consumer, it's easy to think that IP holding firms are harmful, but in reality, they do provide a useful service. As a general rule, if they didn't, they wouln't exist.

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